The Plenary of constitutional Court has unanimously agreed this Tuesday to deny the suspension of the custodial sentence to those convicted in the main piece of the case of the ERE of Andalusia, a system through which the Andalusian socialist governments diverted 700 million euros from the public coffers.
The non-suspension of prison sentences affects the former leaders of the Junta de Andalucía Miguel Angel Serrano Aguilar, Juan Marquez Contreras, Antonio Fernandez Garcia, Francisco Vallejo Serrano, Jesus Maria Rodriguez Roman, Carmen Martinez Aguayo y José Antonio Vera Chacón. All of them appealed against the sentences imposed by the Supreme Court in the framework of this corruption case.
The ex-president José Antonio Griñán, Sentenced to six years in prison for the crimes of embezzlement and prevarication, he withdrew his request for a precautionary suspension of his custodial sentence after the Provincial Court of Seville agreed to grant it based on his state of health.
With this decision, the Plenary presided over by Judge Cándido Conde-Pumpido, maintains the consolidated doctrine developed by the court in recent years. The Constitutional Court’s rulings indicate that we are facing a prison sentence clearly greater than five years, without the reasons alleged by the amparo plaintiffs making the qualified general interest disappear that, in a case like this, the execution of the resolution presents. firm condemnation. The Plenary considers, according to said doctrine, it is not appropriate to agree to the requested precautionary measure.
Along with the seriousness of the penalty, the nature, seriousness and social significance of the facts prosecuted operate as a decisive parameter for not accessing the interested suspension; while the appellants were convicted of continuous crimes against the Public Administration committed over an extensive period of time and with an impact on an entire autonomous community.