The Court of Seville has required the previous socialist president of the Junta de Andalucía José Antonio Griñán, sentenced to 6 years and two days in jail for embezzlement within the financing mechanism of fraudulent employment regulation recordsdata (ERE), to ship “to as urgently as attainable” the outcomes of the medical check that can be carried out on him, after his protection requested to droop the ten-day interval that started this previous Friday for his voluntary entry into jail, alleging a severe sickness that had occurred.
As Diario de Sevilla has revealed and the protection of the previous Andalusian president has confirmed, in a second order issued this previous Friday, the First Section of the Court calls for that Griñán present the outcomes of the medical check to which he have to be subjected, since Said judicial occasion, in response to the brand new request for suspension of the time period of entry into jail and as soon as the medical documentation supplied by the illustration of Griñán has been seen, has ordered {that a} coroner from the Institute of Legal Medicine (IML) look at the documentation and make a recognition to Griñán if essential, to difficulty a report “assessing whether or not admission to the jail might have an effect on the event of the illness or on the prescribed remedy.”
This, after the previous Deputy Minister of Employment Agustín Barberá, additionally convicted, put ahead related arguments and the Court agreed to quickly droop the execution of his jail sentence, nonetheless dismissing Griñán’s attraction to the preliminary denial of his request of suspension of the time period of entry into jail.
final automotive
In an order issued this previous Thursday, disseminated by the Communication Office of the Superior Court of Justice of Andalusia (TSJA) and picked up by Europa Press, the First Section of the Hearing addresses the appeals of the defenses of Griñán, the previous counselor of Hacienda Carmen Martínez Aguayo, the previous Minister of Innovation Francisco Vallejo, the previous Minister of Employment and Technological Development José Antonio Viera, the previous Minister of Employment Antonio Fernández, the previous Vice Minister of Employment Agustín Barberá, the previous director of the IDEA company Miguel Ángel Serrano and the previous Vice Minister of Innovation Jesús María Rodríguez Román.
In his attraction, Griñán requested “to set an affordable time period longer than the agreed ten days, for the start of the execution of the custodial sentence”, particularly proposing “three months”, to “keep away from a compliance (of the jail sentence) that could possibly be failed, improper, pointless or inadmissible”. “Because what’s plain is that if the partial pardon had 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 can be unsuccessful, improper or inadmissible, that’s to say , pointless”, uncovered his protection.
Initial Denial of Suspended Sentence Petitions
Said appeals had been directed in opposition to the order dated November 15, during which this judicial occasion already denied the preliminary requests for suspension of the jail sentences that weigh on them, six years and two days within the case of Griñán.
Such requests for the suspension of jail sentences had 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 at some point in jail to 3 years, when appreciating the analogical mitigation of reparation of the injury.
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 dearth of felony 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 advises 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 “on no account can the presentation of the incident give rise to the suspension of the execution of the custodial sentences imposed in a closing judgment”, since this “would indicate a violation of the precepts that regulate the suspension of the execution of the sentences and the efficient achievement 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 remaining, which along with the dearth of a felony report 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 12 months, 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 Griñán’s appeals, 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, the previous Minister of Employment Antonio Fernández, the previous Vice Minister of Employment Agustín Barberá, the previous director of the IDEA company Miguel Ángel Serrano and the previous Vice-Minister for Innovation Jesús María Rodríguez Román; The Court states that they “elevate points which have already been resolved within the appealed order and there’s no information or circumstance that enables the decision issued to be amended”, which “sufficiently helps the denial of the suspension” of the jail sentences.
Ratifying the contested order and invoking fragments of it, the First Section of the Hearing signifies, within the case of Griñán’s attraction, that “there isn’t any cause for a postponement (to 3 months) of the achievement of the custodial sentence, missing authorized assist and that may imply a comparative harm to the remainder of the prisoners and an arbitrary choice missing justification”.
“Not in useless, the length of the trial periods lasted for a 12 months, given the complexity of the matter, along with the time essential for the drafting of the sentence”, the magistrates spotlight of their new order, who conclude that “the course of time is just not a cause for granting the requested suspension”.
The case of Barbera
Although the courtroom dismissed the attraction 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 severe sickness with incurable situations, pending a report by the forensic physician. In this sense, the lawyer of this individual underneath investigation made allegations in his attraction concerning the deserves of the appealed decision and introduced humanitarian causes for the sickness he suffers from.
Thus, lastly, the courtroom requires Griñán and the remainder of these sentenced to jail, besides Barberá, in order that inside ten days from this Friday they “voluntarily enter” jail, stated interval expiring on January 1, 2023.