The Supreme Court proposes to strive the deputy Alberto Casero for prevarication and embezzlement

Andrés Palomo Del Arco has issued an order by which he proceeds in opposition to the Popular Party deputy Alberto Casero for alleged crimes of administrative prevarication and embezzlement of public funds in relation to 5 service contracts, sponsorship or agreements signed when he was mayor of Trujillo (Cáceres ) in 2017 and 2018, with third events, with out being topic to legally established administrative procedures.

In his order to remodel the case into an abbreviated process, the investigator provides the prosecutor ten days to request the opening of the oral trial by formulating the indictment or the dismissal of the identical.

Irregular contracts and agreements

The Justice of the Peace explains that the information that, with the provisional and indicative nature of this part, are attributed to the particular person investigated are associated to actions carried out in his capability as Mayor of the Trujillo City Council and contracting physique in the identical, between March 2017 and December 2018 by arranging with totally different individuals and entities, service contracts, sponsorship or agreements, failing to adjust to all forms of formalities required for this goal, by the relevant rules in every case.

It provides that though this regulation, in a number of the circumstances, didn’t set up demanding validity necessities, in view of the situation and traits of every of them, generally minor contracts, nonetheless, “it did set up formalities aimed toward no less than affirm its existence within the Consistory by the opening of the corresponding file containing the due decision by the contracting physique approving the expense, with justification of its want and the following contribution of the bill equivalent to the works object of the contract”.

For the Justice of the Peace, the reported conduct falls inside the crime of administrative prevarication, ensuing from the aforementioned well-founded proof, and “not solely entails repeated and admitted administrative irregularities, however a method of continuing by the taxpayer who identifies his voluntarism no matter any interpretation with a loophole of rationality within the authorized system; with prohibited verbal contracts or with none processing or publicity within the circumstances that the quantity required it, circumvention of management mechanisms, direct assumption of funds for the integrity of the companies that, along with newspapers, have been offered to an entity by which the municipality solely it was an element; totally subsumable within the crime of prevarication”.

Likewise, it considers that the evidenced information additionally match into a criminal offense of embezzlement of public funds that penalizes the authority or official who’s in command of the funds by motive of their features and that removed from allocating them to the achievement of the deliberate public attentions, separates them from them, and extracting them from public management for revenue, incorporates them into his patrimony making them his personal or consents to a different doing so.

instruction accomplished

The Justice of the Peace concludes the investigation of the case as soon as the Appeals Chamber has estimated an enchantment from the appraiser in opposition to the order of the teacher, dated January 16, 2022, which denied the request for annulment, submitting and dismissal of the open case in opposition to him for alleged crimes of prevarication and embezzlement, and that he denied that the judicial investigation interval indicated within the legislation had expired (most interval of 12 months from the start of the case besides extension on account of complexity).

In its order, the Chamber declared that the investigation part of this case ended on June 15, 2022, because the interval established by legislation had elapsed, in order that, consequently, the investigative measures after that date couldn’t be based. the resolutions that the teacher ought to undertake concerning the continuation of the method or its submitting.

In relation to this matter, the investigator explains in his order that each one the proof that seems within the case, was already working within the Trujillo Court and was despatched with the reasoned reminiscence on the jurisdiction of this Second Chamber, and even to a big extent was other than the documentation that the Prosecutor’s Office despatched to the Court with the grievance that gave rise to the initiation of the Preliminary Proceedings, which scrupulously observes the choice of the Appeals Chamber to deal solely with the investigative proceedings carried out with previous to July 15, 2022.