The State Attorney General has issued a decree to unify standards in instances of embezzlement, after the discount of penalties when there isn’t a revenue motive. And therein lies the important thing, as a result of in step with the Supreme Court, Álvaro García Ortiz states that the revenue motive goes past enrichment: “The revenue motive required by the brand new crime of embezzlement shall be appreciated in all instances by which the particular person in cost acts carefully and willingly to get rid of public property as if it have been their very own, utilizing it for functions unrelated to the general public perform to acquire a bonus or good thing about their very own or that of others of any sort.Consequently, the revenue motive can even be appreciated when the particular person answerable for the crime doesn’t search to acquire a patrimonial benefit or a private financial improve”, the decree says verbatim.
This manner of understanding the revenue motive is identical by which the Justice of the Peace Pablo Llarena determined to take care of the prosecution of Carles Puigdemont for embezzlement, in its most aggravated kind. Now, the identical interpretation is made, which can even have an effect on Oriol Junqueras and the remainder of the leaders of the convicted course of.
The Prosecutor’s Office had already agreed in its response to Llarena’s indictment of Puigdemont, however now it places it black on white, in a textual content by which it ensures that this reform doesn’t permit any kind of embezzlement to go unpunished.
The doc is labored on with the Deputy Prosecutor of the Supreme Court, the Chief Prosecutors of the Criminal Section of the Supreme Court, the Chief Prosecutor of the Anti-Corruption Prosecutor’s Office and the Chief Prosecutor of the Technical Secretariat.