SEVILLA, 23 Dic. (EUROPA PRESS) -
The former socialist president of the Junta de Andalucía José Antonio Griñán has requested the Seville Court, which this past Thursday authorized ten days for his voluntary entry into prison for his conviction for the specific procedure for financing employment regulation files (ERE ) fraudulent, that suspend such requirement of admission to jail alleging a serious illness that occurred, as advanced by the Ser and have confirmed sources of his defense.
After the First Section of the Hearing dismissed his appeal to the initial denial of his request for suspension of the prison sentence of six years and one day, Griñán's defense argues that it is possible to order the suspension of deprivation of imprisonment without any requirement if the prisoner is suffering from "a very serious illness with incurable conditions".
This, after the former Deputy Minister of Employment Agustín Barberá, also convicted, put forward similar arguments and the Court agreed to temporarily suspend the execution of his prison sentence.
In an order issued this past Thursday, disseminated by the Communication Office of the Superior Court of Justice of Andalusia (TSJA) and collected by Europa Press, the First Section of the Hearing addresses the appeals of the defenses of Griñán, the former counselor of Hacienda Carmen Martínez Aguayo, the former Minister of Innovation Francisco Vallejo, the former Minister of Employment and Technological Development José Antonio Viera, the former Minister of Employment Antonio Fernández, the former Vice Minister of Employment Agustín Barberá, the former director of the IDEA agency Miguel Ángel Serrano and the former Vice Minister of Innovation Jesús María Rodríguez Román.
In his appeal, Griñán asked "to set a reasonable term longer than the agreed ten days, for the beginning of the execution of the custodial sentence", specifically proposing "three months", to "avoid a compliance (of the prison sentence) that could be failed, improper, unnecessary or inadmissible". "Because what is undeniable is that if the partial pardon were granted or the nullity question for which the reduction of the sentence to two years is considered, the imprisonment that is ordered would be unsuccessful, improper or inadmissible, that is to say , unnecessary", exposed his defense.
Said appeals were directed against the order dated November 15, in which this judicial instance already denied the initial requests for suspension of the prison sentences that weigh on them, six years and two days in the case of Griñán.
Such requests for the suspension of prison sentences were mainly based on requests for partial pardon submitted by those convicted to the Ministry of Justice and the motions for annulment filed before the Supreme Court, which in response to its appeals against the initial conviction of the First Section of the Court, fully confirmed the aforementioned prison sentences except in the case of former Labor Director Juan Márquez, with respect to whom he reduced the prison sentence from seven years and one day in prison to three years, when appreciating the analogical mitigation of reparation of the damage.
In this context, in the order that is the object of these appeals against the denial of the requests for suspension of the jail sentences of the convicted persons, the First Section of the Hearing admitted "the lack of criminal records of the convicted persons", but for Another part pointed out "the seriousness and length of the sentences, which prevents the suspension of the execution of the sentence in all the forms included in article 80 et seq. of the Penal Code, reason for which all of them have requested the suspension of the execution while the pardon is being processed".
"There is no circumstance that advises the suspension of the sentence by petition for pardon", summed up the magistrates, who also pointed out, with respect to the incidents of annulment raised before the Supreme Court by the defenses, that "in no way can the presentation of the incident give rise to the suspension of the execution of the custodial sentences imposed in a final sentence", since this "would imply a breach of the precepts that regulate the suspension of the execution of the sentences and the effective fulfillment of the same".
As for Juan Márquez, sentenced to three years in prison, the panel argued that "his situation is different, the sentence being three and four years less than that of the rest, which together with the lack of a criminal record and objective reasons that determined a quantitative penological reduction in the sentence handed down by the TS, are circumstances to take into account so that it proceeds, for a prudential time of one year, to the suspension of the execution of the custodial sentence while the pardon is processed" .
In this sense, in response to Griñán's appeals, the former Minister of Finance Carmen Martínez Aguayo, the former Minister of Innovation Francisco Vallejo, the former Minister of Employment and Technological Development José Antonio Viera, the former Minister of Employment Antonio Fernández, the former Vice Minister of Employment Agustín Barberá, the former director of the IDEA agency Miguel Ángel Serrano and the former Vice-Minister for Innovation Jesús María Rodríguez Román; The Court states that they "raise issues that have already been resolved in the appealed order and there is no data or circumstance that allows the resolution issued to be amended", which "sufficiently grounds the denial of the suspension" of the prison sentences.
Ratifying the contested order and invoking fragments of it, the First Section of the Hearing indicates, in the case of Griñán's appeal, that "there is no reason for a postponement (to three months) of the fulfillment of the custodial sentence, lacking legal support and that would mean a comparative injury to the rest of the prisoners and an arbitrary decision lacking justification".
"Not in vain, the duration of the trial sessions lasted for a year, given the complexity of the matter, in addition to the time necessary for the drafting of the sentence", the magistrates highlight in their new order, who conclude that "the course of time is not a reason for granting the requested suspension".
Although the court dismissed the appeal of the former Deputy Minister of Employment Agustín Barberá, it did agree to suspend his imprisonment until the suspension of the execution of the sentence requested by his defense is processed based on article 80.4 of the Penal Code, related to the case. that the prisoner is suffering from a very serious illness with incurable conditions, pending a report by the forensic doctor. In this sense, the lawyer of this person under investigation made allegations in his appeal regarding the merits of the appealed resolution and presented humanitarian reasons for the illness he suffers from.
Thus, finally, the court requires Griñán and the rest of those sentenced to jail, except Barberá, so that within ten days from this Friday they "voluntarily enter" prison, said period expiring on January 1, 2023.