The former Andalusian minister Martínez Aguayo asks to review her sentence for the ERE and reduce it to disqualification

The Court of Seville sentenced her to 6 years in prison for embezzlement

SEVILLA, 22 Feb. (EUROPA PRESS) -

The former Socialist Minister of the Treasury Carmen Martínez Aguayo, in prison since December 29 for the sentence of 6 years and 2 days in jail that she received for embezzlement in the 'ERE case', has asked the Seville Court to review her sentence in light of the penal reform that modified said crime, considering that she should be acquitted of embezzlement and sentenced only for prevarication, with "the only penalty of special disqualification."

After the entry into force of Organic Law 14/2022, of December 22, by which the crime of embezzlement of public funds is modified, the representation of the former counselor indicates in her letter submitted to the Hearing, that "the proven facts They do not fit into the new type of article 432, but even if they could (...), accepting then an extensive interpretation of the type of article 432 of the Penal Code that would also include behaviors such as those described in the proven facts of the sentence , these facts would always find a better and more adequate fit in article 433".

In this sense, her defense asks to review the sentence imposed, maintaining the facts declared proven, but acquitting her of the crime of embezzlement and sentencing her only for prevarication, so that "the only penalty of special disqualification" weighs on her.

Subsidiarily, it requests her acquittal of the crime of embezzlement and sentenced instead for a crime "of the current article 433 of the Penal Code, in its aggravated modality, in competition with a crime of prevarication, revoking the (initial) sentence of imprisonment and sentencing her to a sentence of two years, six months and one day in prison and special disqualification of four years and one day".