José Antonio Viera, former Minister of Employment and Technological Development of the Junta, has entered the Huelva jail this Monday. Of the seven former senior officers of the Junta de Andalucía, people who the Justice urged to enter jail for the case of the ERE are awaiting their imprisonment
The former Socialist Minister of Employment and Technological Development José Antonio Viera has already entered jail to serve the jail sentence imposed by the First Section of the Court of Seville, for a criminal offense of embezzlement derived from the mechanism or “particular process” of financing the fraudulent employment regulation recordsdata (ERE) and arbitrary assist to corporations, charged to regional funds. Penitentiary sources have confirmed that Viera has entered the Huelva jail to start serving his sentence.
This previous Sunday, the previous Employment Minister Antonio Fernández did the identical to serve his sentence of seven years, eleven months and in the future in jail. In this case, Fernández has opted for the Puerto III jail in Cádiz. This Monday ends the voluntary time period that the Court of Seville granted to seven of these convicted within the ERE case to enter, so they need to already enter jail earlier than midnight. On the opposite hand, the previous Minister of Finance Carmen Martínez Aguayo, sentenced to 6 years and two days in jail, already entered the ladies’s jail in Alcalá de Guadaíra (Seville) final Wednesday. The state of affairs of those former administrators was just like that of the previous Minister of Innovation Francisco Vallejo, sentenced to seven years and in the future in jail; the previous Vice Minister of Innovation Jesús María Rodríguez Román, sentenced to 6 years in jail; and the previous normal director of IFA/IDEA Miguel Ángel Serrano, sentenced to 6 years, six months and in the future in jail.
Appeals dismissed
Recently, the First Section of the Court of Seville dismissed the appeals of the previous socialist president of the Junta José Antonio Griñán, the previous Minister of Finance Carmen Martínez Aguayo, the previous Minister of Innovation Francisco Vallejo, the previous Minister of Employment and Technological Development José Antonio Viera Antonio Fernández, additionally a former Employment Minister, Agustín Barberá, former Deputy Minister of Employment, Miguel Ángel Serrano, former director of the IDEA company, and Jesús María Rodríguez Román, former Vice Minister of Innovation; in opposition to the order dated November 15, wherein this judicial occasion already denied the preliminary requests for suspension of the jail sentences that weigh on them.
Such requests for the suspension of jail sentences have been primarily based mostly on requests for partial pardon submitted by these convicted to the Ministry of Justice and the motions for annulment filed earlier than the Supreme Court, which in response to its appeals in opposition to the preliminary conviction of the First Section of the Court, absolutely confirmed the aforementioned jail sentences besides within the case of former Labor Director Juan Márquez, with respect to whom he diminished the jail sentence from seven years and in the future in jail to 3 years, when appreciating the analogical mitigation of reparation of the injury.
Griñán’s protection, particularly, requested an extension of “three months” within the ten-day interval set for his voluntary entry into jail, to “keep away from compliance (of the jail sentence) that might be unsuccessful, improper, pointless or unfair”. “Because what’s simple is that if the partial pardon have been granted or the nullity query for which the discount of the sentence to 2 years is taken into account, the imprisonment that’s ordered could be unsuccessful, improper or inadmissible, that’s to say , pointless”. Within this framework, within the order that’s the object of those appeals in opposition to the denial of the requests for suspension of the jail sentences of the convicted individuals, the First Section of the Hearing admitted “the shortage of legal information of the convicted individuals”, however for Another half identified “the seriousness and size of the penalties, which prevents the suspension of the execution of the sentence in all of the varieties included in article 80 et seq. of the Penal Code, which is why all of them have requested the suspension of the execution whereas the pardon is being processed”.
Nothing “advises” to droop jail sentences
There is not any circumstance that “recommends the suspension of the sentence by petition for pardon”, summed up the magistrates, who additionally identified, with respect to the incidents of annulment raised earlier than the Supreme Court by the defenses, that “by no means can the presentation of the incident give rise to the suspension of the execution of the custodial sentences imposed in a remaining judgment”, since this “would indicate a violation of the precepts that regulate the suspension of the execution of the sentences and the efficient success of the identical”.
As for Juan Márquez, sentenced to 3 years in jail, the panel argued that “his state of affairs is totally different, the sentence being three and 4 years lower than that of the remainder, which along with the shortage of a legal document and goal causes that decided a quantitative penological discount within the sentence handed down by the TS, are circumstances to be taken into consideration in order that it proceeds, for a prudential time of 1 yr, to the suspension of the execution of the custodial sentence whereas the pardon is being processed” .
“Issues Already Resolved”
In this sense, in response to the appeals of Griñán, Martínez Aguayo, Francisco Vallejo, José Antonio Viera, Antonio Fernández, Agustín Barberá, Miguel Ángel Serrano and Jesús María Rodríguez Román; The Court said in its new order that they “increase points already resolved within the appealed order and there’s no information or circumstance that enables the decision issued to be amended”, which “sufficiently substantiates the denial of the suspension” of the jail sentences. “Not in useless, the period of the trial periods lasted for a yr, given the complexity of the matter, along with the time crucial for the drafting of the sentence”, the magistrates highlighted of their new order, concluding that “the course of the time shouldn’t be a cause for granting the requested suspension” and thus ratifying the contested order.
The case of Barbera
Although the courtroom dismissed the enchantment of the previous Deputy Minister of Employment Agustín Barberá, it did conform to droop his imprisonment till the suspension of the execution of the sentence requested by his protection is processed based mostly on article 80.4 of the Penal Code, associated to the case. that the prisoner is affected by a really critical sickness with incurable circumstances, pending a report by the forensic physician. Thus, lastly, the courtroom required all these sentenced to jail, besides Barberá, in order that inside a interval of ten days that will finish this Monday, January 2, they “voluntarily enter” jail.
Griñán’s state of affairs
The protection of José Antonio Griñán argued that he had just lately been identified with a critical sickness, requesting once more the suspension of the time period of imprisonment with respect to this defendant, in response to this cause. In view of this, and as soon as the medical documentation offered by Griñán’s illustration had been seen, the First Section of the Hearing ordered {that a} coroner from the Institute of Legal Medicine look at the documentation and make an examination of Griñán if crucial, in order that he might concern a report “assessing whether or not admission to a jail might have an effect on the event of the illness or on the prescribed remedy”.