The Provincial Court of the Balearic Islands must return 233,287 euros to several of those convicted in the Nóos case, including Infanta Cristina as a profiteering participant in the crimes of embezzlement of public funds and fraud against the administration committed by her ex-husband, Iñaki Urdangarin. Felipe VI’s sister would be charged 68,479 euros and the ex-duke, 132,695. These are amounts that the Balearic Government received in excess during the execution of the sentence of one of the main investigations carried out in the archipelago and that for the first time sat a member of the Royal Family in the dock.
Specifically, as stated in the ordering procedure issued at the beginning of this month by the Court to request the return of the exceeded amounts, the judicial body must reimburse 68,479 euros to the infanta, 132,695 to Urdangarin and 32,112 to his former partner, Diego Towers. The Autonomous Community has already consigned the money in the deposit of the judicial body.
It should be remembered that the Criminal Chamber of the Supreme Court confirmed in June 2018 the responsibility for profit of the former Duchess of Palma, considering that she benefited financially -although without intervening in her commission- of the embezzlement and fraud in which she incurred Urdangarin by constituting, together with Torres, a corporate network -grouped under the common name Nóos- with which he obtained large amounts of public money using the “privileged situation he enjoyed as a result of his marriage to a daughter of who he was then Head of State”, as the magistrates of the high court pointed out in their sentence.
The magistrates pointed out that Urdangarin also took advantage of his friendship with José Luis ‘Pepote’ Ballester, at that time director of Sports of the Balearic Government, in such a way that “he managed to move the will” of both him and former president Jaume Matas to obtain contracts fraudulently, specifically to achieve the award for holding a summit on tourism and sport, in 2005, in Palma and, “particularly, so that it could be carried out bypassing all competition, and the conditions that could derive from a procedure adjusted to the law”.
The Chamber, however, lowered the amount of 265,088 euros initially set by the Court of Palma for the infanta to 136,950 euros, by eliminating her civil liability for crimes against the Public Treasury for which Urdangarin was convicted. In this sense, the Supreme Court magistrates indicated in their resolution that the approach to civil liability proclaimed in Article 122 of the Penal Code suggests that it only covers crimes of enrichment, that is, those that produce economic benefits and end up increasing the author’s patrimony and, eventually, that of third-party beneficiaries. Thus, offenses consisting of non-payments, as in the case of tax crimes, would be excluded.
The Supreme Court ruling established the amount of civil liability to be paid to the Balearic Government at 619,000 euros compared to the 852,287 euros initially set by the Provincial Court and which led to an extra 233,287 euros being paid to the Autonomous Community.