The Anti-Corruption Prosecutor’s Office has opposed the suspension of the execution of the sentences imposed in the case of the ERE both to the former president of the Junta de Andalucía José Antonio Griñán and to eight other former high-ranking officials of the regional administration. These nine convicts have prison sentences after the sentence endorsed by the Supreme Court that considered them authors of a crime of prevarication in relation to medial competition with a crime of embezzlement of public funds.
The particular vote of two judges allows Griñán to fight his prison sentence in the Constitutional
The delegated prosecutors in Seville of the Special Prosecutor’s Office against Corruption and Organized Crime recall the Prosecutor’s Office in its letter, to which elDiario.es Andalucía has had access, that the Supreme Court in its sentence confirming their sentences already collected on the nature of these crimes that it is “one more form of ‘political corruption’ when analyzing the typicity of embezzlement” and that “the correct understanding of the crime of administrative prevarication can only be carried out, as scientific doctrine has pointed out, from a democratic conception of power public”. At that point they recall that “political and administrative corruption and misuse of power are incompatible with a democratic state of law, in which principles such as equality before the law, control of public power, impartiality and correctness must prevail. in administrative action.
Regarding the suspension of the execution of the sentence, the Prosecutor’s Office points out that “there are numerous resolutions of Provincial Courts reiterating the exceptional nature of the suspension.” “The Constitutional Court continues to maintain that the suspension of the sentence is configured as a measure of an exceptional nature and of restrictive application given the general interest in the effectiveness of judicial decisions and in particular of the execution of the same as a manifestation of the jurisdictional power ; from which only those cases in which the irreparability of the damage that a late response that would make the violated constitutional right illusory and nominal are sufficiently accredited is proven”, a quote from one of them, specifically from the Audiencia de Vizcaya.
On the other hand, the prosecutors recall that “during the processing of the entire case there have been no delays that have been considered undue with the consequent mitigation of the sentence”, as the Supreme Court has already warned. “The execution, to date, has not suffered delays beyond those derived from the processing of the requests presented by the representations of the convicted, which therefore cannot be classified as improper,” insists the Prosecutor’s Office.
a possible pardon
The First Section of the Provincial Court of Seville had requested the Public Prosecutor and the personal accusations to report on the request to suspend the execution of the custodial sentence while the pardons proposed by nine former officials of the Junta de Andalucía were processed, Sentenced to jail for embezzlement of public funds, including former Andalusian and PSOE president José Antonio Griñán.
Parallel to his request for pardon, supported by politicians, academics and personalities, the defense of former President Griñán formalized before the Supreme Court his announced incident of annulment regarding the sentence of the ERE that condemns him to six years and two days in jail and 15 years and two days of disqualification for continued crimes of embezzlement and prevarication. The prosecutors now say that, after the sentence of the ERE, “the duration of the sentences imposed of absolute disqualification and prison are long enough (…) so that it can be estimated that the possible granting of the pardon is not frustrated for the beginning of the executions”
According to the EFE agency, the PP, which exercises the private prosecution in this case, plans to present next week at the Seville Court its brief on whether or not Griñán’s entry into prison should be paralyzed. Sources from the Seville Court have explained to EFE that the logical thing would be for the court that must execute the conviction regarding Griñán and the other former high-ranking officials of the Board to wait at least for the Supreme Court to resolve the nullity incident presented by its attorney. That incident of nullity, the request for protection to the Constitutional Court and the request for partial pardon presented to the Government by his wife and his children are Griñán’s tricks to avoid jail.
The Supreme Court ratified in general terms the thesis of the Court of Seville with a divided court (three votes in favor and two against) and sentenced nine former senior officials of the Andalusian Government to prison for applying between 2000 and 2009 a system of concession of knowing the “lack of control” and the “very serious illegalities” that were being committed, in spite of which they did nothing to prevent it.
It was precisely Griñán’s conviction for embezzlement (a crime that carries a prison sentence) that generated discrepancies among the magistrates: two of the five stated that this punishment was based on “mere speculation” without “serious and solid evidence” and that it involved a “surprising and significant leap into the void”. The Supreme Court also ratified the disqualification sentences for a crime of prevarication of other former high officials such as the former Andalusian president Manuel Chaves and the former councilors Gaspar Zarrías and Magdalena Álvarez.