It is the sentence for the primary three items of the Tandem case, which had been tried in a single process.
The National Court has sentenced commissioner José Manuel Villarejo to 19 years in jail for the crimes of unveiling firm secrets and techniques within the Iron room and personal secrets and techniques within the Land room, in addition to for falsifying a industrial doc, whereas it has acquitted him of bribery in each and extortion within the diploma of conspiracy within the Painter room.
The magistrates of the Fourth Section of the Criminal Chamber have handed down a sentence within the first three items which were tried within the so-called Tandem case, through which the hiring of the Villarejo firm, Cenyt, has been investigated to hold out sure assignments.
In the case of the piece Iron, the hiring of Villarejo by the regulation agency Herrero&Asociados has been tried to acquire data from a competing regulation agency on suspicion that he had stolen their database. The piece Land has centered on the hiring of Cenyt to analyze the setting of the proprietor of PROCISA by order of certainly one of his daughters, Susana, within the context of a household dispute over inheritance, whereas in Pintor it has been inquired in regards to the order of the brothers Fernando and Juan Muñoz Támara to Villarejo to collect data from a former companion, Mateo Martín Navarro, and his lawyer, former decide Francisco Javier Urquía, that will permit them to resolve a tax dispute in his favor.
In complete, 26 folks have been tried, along with Villarejo, together with his companion Rafael Redondo, who has been sentenced to 13 years in jail for a similar crimes because the commissioner. Nine different folks have been sentenced to between three months and two years in jail, whereas 16 have been acquitted, together with Villarejo’s spouse, Gema Alcalá, and their son, José Manuel Villarejo Gil, in addition to cops Constancio Riaño and Antonio Bonilla. In the case of Enrique García Castaño, he was excluded from the trial because of sickness.
The sentence, of 351 pages, considers that it can’t be convicted of bribery because the necessities of this prison kind aren’t met provided that the acts carried out by Villarejo “didn’t perform them within the train of his place nor had been they associated to his public actions”.
iron piece
In this piece, the Chamber sentences Villarejo to 4 years in jail for disclosure of firm secrets and techniques and three years for continued falsification of a industrial doc in relation to acquiring sure tax knowledge from the Balder regulation agency, opposite to the Herrero & Asociados regulation agency that employed Villarejo.
For these occasions, 4 administrators of the Herrero&Asociados regulation agency are additionally sentenced to between six months and two years in jail.
In this piece, Villarejo can also be sentenced to a few years in jail for continued falsification of a industrial doc for 5 invoices for non-existent advantages that served the Herrero workplace to cowl exaggerated remuneration removed from the true market costs with which the supply of unlawful providers was supposed.
land piece
The Chamber sentences Villarejo on this piece to a few years in jail for falsifying a industrial doc and one other 9 years because the writer of three crimes of unveiling non-public secrets and techniques (three years for each) with dissemination to 3rd events for acquiring positioning knowledge and name site visitors, between July and August 2013, of Silvia Gómez-Cuétara, widow of the proprietor of Procisa, and of an acquaintance of Procisa and of an worker. All this, commissioned by Susana García Cereceda and two of her staff, Francisco Lorenzo Peñalver and David Fernández Aumente.
For these information, the Chamber imposes penalties on the final three of between 9 months in jail and 10 and a half months for revealing non-public secrets and techniques by making use of the mitigating circumstance of late confession and collaboration.
Piece Painter
In this piece, which has revolved across the crime of extortion within the diploma of conspiracy, the Chamber explains that not a single one of many accusations, neither public nor non-public, “pronounced any sentence so as to show the existence of particular information constituting a criminal offense and the participation in it of the folks accused of that prison offense”.
The lack of proof, he factors out, is absolute, constituting a paradigm within the case of José Manuel Villarejo Gil, son of the commissioner, whose solely accredited exercise is having made an look at a gathering on the headquarters of the Cenyt firm. The Tribunal factors out that at no time is it alluded to particular violent or intimidating acts carried out towards the folks of Mateo Martín Navarro or Francisco Javier Urquía tending to make them perform or omit any act or authorized transaction to their detriment.
In this piece, the one two sentenced to three months in jail for the crime of discovery are the brothers Juan and Fernando Muñoz Tamara who on October 1, 2020, within the presence of their legal professionals, signed a doc with the Public Prosecutor acknowledging the information, which was ratified at trial. In addition, each consigned the quantity of 10,000 euros to face the civil duties that might lead to a sentence.
One of the 2 victims of those occasions, Francisco Javier Urquía, granted specific forgiveness to all of the defendants, whereas the opposite sufferer, Mateo Martín Navarro, waived civil and prison actions towards all of the defendants apart from Villarejo and Redondo, the Muñoz Tamara brothers and different defendants.
Acquitted for bribery, with a dissenting vote
The Chamber acquits of the crimes of energetic and passive bribery that had been attributed to Villarejo and different defendants of the Iron and Land items as a result of regardless of Villarejo’s standing as a public official, the accused acted within the non-public and private sphere.
The courtroom explains in its ruling that when the occasions investigated in these two items occurred, Jose Manuel Villarejo Pérez was an energetic police commissioner, for which purpose the primary aspect of the crime of passive bribery concurs.
However, it guidelines out the second of the weather because the acts carried out by this defendant weren’t carried out within the train of his place, nor had been they associated to his public actions. For the Chamber, “The exercise carried out by the defendant Villarejo Pérez, in no case had the aim of undermining the legitimacy and the factors of motion of the Public Administration, however to acquire better non-public advantages by providing a collection of providers which are troublesome to realize, a minimum of by means of authorized channels. There isn’t any report of any fee by the purchasers of public officers, for acquiring knowledge, what’s extra, there was no relationship or connection between them, the one hyperlink being the defendant Villarejo Pérez”.
The sentence argues that each within the hiring by the workplace of Herrero y Asociados, in addition to by the people who employed Villarejo within the Land piece, they did so due to his situation as proprietor of the Cenyt firm. “His providers had been required as the true proprietor of a big multidisciplinary enterprise community referred to as Cenyt, which marketed itself on social networks as an intelligence unit devoted to financial and monetary investigation, including that it maintained shut institutional and operational relations with the State Security Corps and Forces and with the Justice Administration, which allowed it to realize massive doses of effectivity.”
The courtroom additionally rejects that the information match into energetic bribery because the people who contracted the providers of Villarejo didn’t search to trigger hurt to the Administration for their very own profit “however to realize non-public and spurious pursuits consisting of harming a competing firm made up, amongst others, of assorted individuals who had been beforehand built-in into Herrero y Asociados SL or to realize information in regards to the tendencies and intentions of assorted folks associated to the García Cereceda household so as to place themselves earlier than future claims associated to inheritance of the late businessman Luis García Cereceda, primarily between his daughter, the defendant Susana García Cereceda and the corporate Procisa, and his widow Silvia Gómez Cuétara, additionally affecting different folks across the latter.”
However, Judge Carmen Paloma González has issued a dissenting opinion, understanding that José Manuel Villarejo is the writer of two crimes of passive bribery for the hiring of his firm Cenyt within the Iron and Land items, in addition to a number of of the defendants in these items as vital cooperators of this crime.
This Justice of the Peace considers that so as to perform the actions carried out by Cenyt it was completely important to have the collaboration of the police institution.
The acts dedicated by Villarejo and by the folks he used, in response to this decide, “are opposite to the duties inherent to his place, and extra particularly, to crimes, thus frontally attacking the status and effectiveness of the general public perform, the impartiality of its officers and the effectiveness of the general public service entrusted to them.”
As a consequence of the foregoing, the dissenting opinion provides, “it’s inferred that it’s unimaginable to reconcile the mission legally attributed to a public official of stopping the fee of crimes with the efficiency of a personal exercise for the achievement of which he carried out unlawful (prison) actions.”
Other crimes not prosecuted
The sentence guidelines out the crime of bribery however factors out that the information analyzed and the accredited deception may have match into different prison varieties that haven’t been charged to the defendants.
“The superlative diploma of deception perpetrated towards his unsuspecting purchasers, -despite the skilled qualification that may be assumed for them- and the displacement of property because of such a fallacy would place Villarejo’s actions throughout the orbit of crimes of a fraudulent nature of which he has not been accused”, he concludes.
Topics