The Anti-Corruption Prosecutor’s Office has requested the Seville Court to say the protection of the previous socialist president of the Junta de Andalucía José Antonio Griñán, sentenced to 6 years and sooner or later in jail for the particular process for financing employment regulation recordsdata ( ERE) fraudulent, “up to date medical data on analysis and therapy” of the prostate most cancers that he suffers, to ensure that the medical companies of the penitentiary heart to “ratify or modify” in flip “the conclusions contained in his report” of final 8 March on the potential for treating him in jail and, “specifically, on the potential for therapy inside the framework of collaboration described with the SAS in response to his expertise with inmates with related situations”.
This is the way it seems in a brand new letter submitted by prosecutors Juan Enrique Egocheaga and Manuel Fernández Guerra to the First Section of the Seville Court, revealed by Diario de Sevilla. This, after the Court not too long ago gave an account of the documentation issued by the Seville Penitentiary Center after being requested in January a report “on the potential for therapy” in jail for prostate most cancers alleged by the previous Andalusian president to request the suspension of his jail sentence.
Thanks to stated report, the Anti-Corruption prosecutors state that “being potential the therapy of the prisoner within the penitentiary Center, previous to ruling on the admission to jail for the achievement of the sentence imposed, his procedural illustration is required to offer medical data up-to-date on analysis, therapy and eventual efficient problems derived from it”.
“Once stated documentation is acquired, it’s despatched to the well being companies of the Seville jail, in order that they ratify or modify the conclusions contained of their report of March 8, 2023, specifically, on the potential for therapy inside the framework of described collaboration with the SAS based mostly on their expertise with inmates with related diseases,” state prosecutors.
The jail report
In its report, the Seville Penitentiary Center said that for “specialised” medical care, it has an settlement with the Andalusian Health Service (SAS) to refer incarcerated sufferers to the “specialised companies” of the Macarena and Virgen del Rocío hospitals, together with within the agreed “complete care course of” “therapeutic procedures corresponding to chemotherapy or radiotherapy periods,” amongst different features.
This new letter from the prosecutors follows the order issued on January 13, with which stated physique agreed to postpone its determination on whether or not or to not imprison the previous socialist president “till the radiotherapy periods are accomplished” for the therapy that had begun then. due to the prostate most cancers that has been identified.
This, given the forensic report ready by the Institute of Legal Medicine (IML) of Seville on stated sudden severe sickness put ahead by the previous Andalusian president in demand for the suspension as such of his imprisonment. Said report acknowledges that “it’s a very severe sickness” for which, “given the prognosis issued, there are prospects of remedy”, though because the therapy prescribed to Griñán had not but superior within the type of remedy and radiotherapy, the Institute of Legal Medicine specified that it was not but potential to find out “what will probably be its well being evolution”, in a framework through which most cancers therapy is presently “efficient in a excessive proportion of instances apart from very aggressive ones” or within the terminal section.
The IML report
The Institute of Legal Medicine of Seville reasoned, on this sense, that getting into jail “doesn’t assist to face a illness of this entity, which requires all of the out there sources out there to the particular person”, corresponding to “household help and crucial and even important in these instances”.
The report would additionally spotlight that though the well being companies of penitentiary establishments are able to dealing with “any medical demand”, the consideration that “potential unwanted effects in hormonal and radiotherapy therapy, in addition to frequent check-ups, appear incompatible with jail dynamics. To this finish, the report concluded “the inadvisability of his admission to a penitentiary heart till the remission of his oncological pathology is confirmed.”
Given this doc, the Anti-Corruption Prosecutor’s Office was dedicated to suspending his imprisonment till it had “a extra exact report on the origin” or not of the imprisonment, additionally requesting that when a “new report by the IML was issued, the report of the jail medical companies of the Center of Seville” on the advisability or not of the entry into jail of the previous president, which might be the documentation now supplied.
standard response
The Andalusian PP, which workout routines the personal prosecution on this case, advocated on its aspect for “a postponement of imprisonment till, on the acceptable time, the prisoner is reviewed once more by the forensic physician, formulating a brand new report, in addition to that the extra report of the penitentiary medical companies be ready”.
After that, and within the order of January 13, the First Section of the Hearing indicated that, in view of the forensic medical report, “from which it’s clear that it isn’t acceptable for the prisoner to enter the jail, the postponement of the execution of the sentence till the prisoner completes the radiotherapy periods”, thus agreeing to the subsidiary request of the protection of Griñán, who had requested the suspension of the sentence as such underneath article 80.4 of the Criminal Code, which offers that judges and courts might grant the suspension of any sentence imposed with out being topic to any requirement within the occasion that the prisoner is with a really severe sickness with incurable situations.
Secondarily, he had requested the postponement of his imprisonment, since he considers that the prescribed therapy for the illness he suffers can’t be adequately carried out by the medical companies of the penitentiary heart.
The “dangers” of therapy in jail
And all of this, provides the courtroom, “given the inconveniences and dangers that the therapy from the penitentiary heart might entail, each from the standpoint of the illness and of the dynamics of the penitentiary heart itself”, indicating that, as soon as the therapy, “should be acknowledged once more by the forensic physician, who, after having acquired the therapy, will be capable of assess once more, with extra information, the comfort and chance of his admission to the penitentiary heart, an excessive that right now and on condition that the illness is in its preliminary state can’t be predicted”.
In this sense, the First Section of the Hearing additionally agreed {that a} report be obtained from the well being companies of the penitentiary heart “on the potential for treating the illness in stated heart.”
Once the entire above has been verified, the courtroom will determine on the suspension requested by the protection of the previous president of the Junta de Andalucía underneath article 80.4 of the Penal Code, which, as has been indicated, regulates the suspension of any sentence imposed with out being topic to any requirement. within the occasion that the prisoner is affected by a really severe sickness with incurable situations.