Prosecutor's Office requests a medical report on whether former PSOE vice-counselor convicted in the ERE can treat his illness in jail

SEVILLA, 3 Mar. (EUROPA PRESS) -

The Anti-Corruption Prosecutor's Office has requested that the Seville prison medical services report whether, according to the forensic report prepared on the very serious illness with incurable conditions alleged by the Socialist Deputy Minister of Employment Agustín Barberá, sentenced to prison for the specific procedure for financing the files employment regulation (ERE) fraudulent; It can "bring his illness (and his treatment) while he is serving a custodial sentence in a penitentiary establishment", since said defendant has asked to suspend his prison sentence at his state's expense.

In a letter issued on February 27, advanced by Diario de Sevilla and collected by Europa Press, the Anti-Corruption prosecutors of Seville address the situation of former Employment Minister Agustín Barberá, sentenced to seven years and one day in prison, and 18 years and one day of absolute disqualification, for a continuous crime of prevarication in competition with a continuous one of embezzlement.

In this sense, let us remember that in the order issued on December 22 by the First Section of the Court of Seville, enabling a period of voluntary imprisonment for former leaders of the Junta de Andalucía sentenced to prison for this matter, among them the former socialist president José Antonio Griñán, the court made an exception in the case of Barberá.

Although the court dismissed the appeal of the former Deputy Minister of Employment Barberá, against the order in which he dismissed and suspended the prison sentences pending the Ministry of Justice resolve the requests for pardon and that the Supreme Court do the same regarding to their motions for annulment against the judgment of said instance on the appeals of cassation; He did agree to provisionally suspend the imprisonment of this convicted person.

This, according to the order, "until the request for suspension of the execution of the sentence requested by his defense is processed based on article 80.4 of the Penal Code, relative to the case that the prisoner is suffering from a very serious illness with incurable, pending a report by the forensic doctor".

According to the First Section of the Hearing, "the lawyer for this person under investigation made allegations in his appeal regarding the merits of the appealed resolution and presented humanitarian reasons for the illness he suffers from."

More recently, just a few days ago, the First Section of the Court issued an order so that the Prosecutor's Office and the private prosecution exercised by the Andalusian PP rule on the request for suspension of execution of the sentence in the case of Barberá, after having received the requested forensic report, when Barberá alleges that he suffers from a very serious illness with incurable conditions.

In this regard, the Anti-Corruption Prosecutor's Office indicates in its letter formalized on February 27, that "once the report issued by the Institute of Legal Medicine, Forensic Clinic Service of Cádiz dated February 17, 2023 of the prisoner Agustín Barberá" , is interested, "considering it necessary for the issuance of the required report, that with delivery of a copy of the prisoner's medical documentation provided so far and a copy of the aforementioned coroner's report, a report is obtained from the prison medical services, center of Seville, attending to the documentation provided, on whether, based on his experience in inmates with the same or similar conditions, the prisoner could be subject to the prison regime and treatment".

"That is, whether or not you can follow the reviews and guidelines of the prescribed treatment and therefore carry your illness while serving a custodial sentence in a prison," summarizes the Anti-Corruption Prosecutor.

On January 13, let us remember, the First Section of the Court agreed to postpone its decision on whether or not to imprison the former president of the Junta de Andalucía, José Antonio Griñán, to serve the six years and two days in prison that he was imposed for embezzlement in this case, "until the radiotherapy sessions conclude" of the treatment that has begun thanks to the prostate cancer that has been diagnosed.