The Court of Seville continues this Friday, the final working day of the yr, awaiting the receipt of the report back to be issued by a forensic knowledgeable from the Institute of Legal Medicine on the intense sickness alleged by 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 information (ERE), to resolve whether or not or to not comply with his final request for suspension of the interval approved for his entry into jail .
While stated time period would expire on January 2, sources from the Superior Court of Justice of Andalusia (TSJA) have reported that the First Section of the Seville Court continues to be ready to obtain stated report, during which the forensic knowledgeable appointed by The Institute of Legal Medicine should assess “whether or not the admission to a jail” of the previous Andalusian president “might have an effect on the event of the illness or on the prescribed therapy.”
Specifically, after the First Section of the Hearing dismissed Griñán’s attraction towards the preliminary denial of his request to droop the time period of voluntary imprisonment, the previous president’s protection alleged that he had been identified with a critical sickness that had occurred, claiming accordingly, droop stated time period.
In view of this, and as soon as the medical documentation supplied 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 problem a report “assessing whether or not admission to a jail might have an effect on the event of the illness or on the prescribed therapy”.
This, after the previous Deputy Minister of Employment Agustín Barberá, additionally sentenced to jail, put ahead related arguments and the Court agreed to quickly droop the execution of his jail sentence, pending a report on his situation.
On the opposite hand, the previous Minister of Finance Carmen Martínez Aguayo, additionally sentenced to 6 years and two days in jail, has already entered a jail to start serving her sentence.
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; towards 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.
Such requests for the suspension of jail sentences had been primarily primarily based 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 towards 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 a few 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 could possibly be unsuccessful, improper, pointless or inappropriate”. “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”,
Within this framework, within the order that’s the object of those appeals towards 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 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 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 last judgment”, since this “would suggest 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 a few 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 shortage of a felony document and goal causes that decided a quantitative penological discount within the sentence handed down by the TS, are circumstances to be taken under 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 acknowledged in its new order that they “elevate points already resolved within the appealed order and there’s no knowledge 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 just isn’t a cause for granting the requested suspension” and thus ratifying the contested order.
The case of Agustín Barberá
Although the court docket dismissed the attraction of the previous Deputy Minister of Employment Agustín Barberá, it did comply with droop his imprisonment till the suspension of the execution of the sentence requested by his protection is processed primarily based on article 80.4 of the Penal Code, associated to the case. that the prisoner is affected by a really critical sickness with incurable situations, pending a report by the forensic physician.
Thus, lastly, the court docket required all these sentenced to jail, besides Barberá, in order that inside a interval of ten days that may finish on January 2, they “voluntarily enter” jail, an excessive undertaken this previous Wednesday by the previous Minister of Finance Carmen Martínez Aguayo, who was already getting into the Alcalá de Guadaíra ladies’s jail to serve her sentence of six years and two days in jail.