The entry into pressure at this time of the reform of the crime of embezzlement, promoted by PSOE and ERC, makes the judges of the National Court who’re dealing with corruption instances concern a change in fact in them. One of probably the most affected could possibly be ‘Púnica’ whose primary crime is embezzlement.
The Central Court of Instruction Number 6, in control of the macro-cause, considers that the reform may decaffeinate it as a complete and depart a few of its 12 separate items very diminished. In specific, there are fears for the one associated to the alleged ‘caja b’ of the Popular Party of the Community of Madrid, one of the vital essential items that has already been diminished with the indictment.
Then the decide diminished the variety of these investigated from 70 to eight, leaving out, amongst others, the previous presidents of Madrid, Esperanza Aguirre and Ignacio González. And now, the investigators concern that it’ll barely have the ability to maintain its personal towards the principle defendants: the presumed ringleader, Francisco Granados, and the previous supervisor of the Madrid PP Beltrán Gutiérrez.
In addition to the embezzlement of public funds, the top of stated courtroom, Manuel García Castellón, pointed within the aforementioned order to attainable electoral crimes, administrative prevarication, contracting fraud, affect peddling, forgery and bribery.
Changes, additionally in ‘Kitchen’
The modifications within the Criminal Code have additionally reached the ‘Villarejo case’ and, extra particularly, ‘Kitchen’, the piece through which García Castellón targeted on the alleged espionage orchestrated by Jorge Fernández Díaz’s Ministry of the Interior towards the ex-treasurer of the PP Luis Bárcenas to steal delicate info from him.
Sources consulted by Europa Press have defined that the defenses are ready for the prosecution’s accusation to request modifications as a result of embezzlement reform. Thus, and though the writings of the favored and personal accusations have already been introduced, they take into account that the accusation lastly formulated by Anti-Corruption shall be decisive, in order that they imagine it’s essential to attend and see in the event that they embrace the crime of embezzlement and in what phrases.
In ‘Kitchen’ the favored accusations exercised by PSOE and Podemos, respectively demand a sentence of 47 years and 41 years in jail for Fernández Díaz, whom the judicial investigation has situated because the alleged ‘mind’ of ‘Kitchen’, an unlawful operation through which his former Secretary of State Francisco Martínez, the previous DAO Eugenio Pino and commissioners resembling Villarejo would have additionally participated.
Bárcenas, for his half, has requested greater than 40 years in jail for Fernández Díaz whereas requesting that the previous common secretary of the PP María Dolores de Cospedal testify on the trial.
Other sources clarify that the favored accusations themselves wouldn’t want, if they didn’t want, to switch their indictments. They may decide, particularly, to switch their jail requests within the processing of earlier problems with the longer term oral trial.
‘Acuamed’, the primary affected
The influence of the modifications in embezzlement was seen for the primary time within the National Court this Tuesday and, exactly, within the Central Court of Instruction 6 directed by García Castellón, within the ‘Acuamed’ case.
Specifically, the reinforcing decide Joaquín Gadea requested the Anti-Corruption Prosecutor to assessment his request to rework the investigation carried out to abstract proceedings, warning that the reform of the crime of embezzlement may result in a discount in sentences. Prosecutor sources have confirmed that the Public Ministry will assessment the sentences it requests for the greater than 40 defendants.
‘Lezo’ case
This legislative modification may additionally have an effect on one other of the macro-causes that this identical courtroom is in control of: ‘Lezo’. It is predicted that the primary trial within the case will start on May 24, which is able to give attention to the acquisition of the Colombian firm Inassa by the Canal de Isabel II (CYII) in 2001 to find out if, because the completely different accusations keep, a “surcharge” was paid on the expense of public coffers.
For the 22 folks whom the trainer despatched to trial, together with former Madrid councilors Pedro Calvo and Juan Bravo, former collaborators of the previous mayor of Madrid and regional president Alberto Ruiz-Gallardón, the Anti-Corruption Prosecutor’s Office calls for a sentence for 7 years in jail and 15 of absolute disqualification for against the law of embezzlement of public funds in competitors with against the law of prevarication.
Three completely different assumptions
It ought to be remembered that the embezzlement reform attracts three completely different assumptions: when there’s a revenue motive, sustaining the earlier penalties (from 2 to 12 in jail and 6 to twenty from disqualification); and two new sorts: one non-profit for “non-public use” (from 6 months to three years in jail and disqualification from 1 to 4 years) and one other for when the embezzled goes to a function aside from that meant (from 1 to 4 years in jail and a pair of to six years of disqualification).
Some modifications whose penalties shall be virtually restricted to the Central Court of Instruction Number 6, since different courts, resembling these directed by magistrates Santiago Pedraz and María Tardón, don’t at present have instances the place this prison kind seems.