The Constitutional Court thus frees the former Andalusian president from his sentence of nine years of disqualification by the ERE, which it considers to be contrary to the right to criminal legality. Therefore, it orders the Court of Seville to issue a new sentence to reduce his sentence.
The full Constitutional Court has partially upheld the appeal of former Andalusian President Manuel Chaves against his conviction for fraud and ordered the Seville Court to issue a new sentence to reduce his nine-year disqualification sentence in the ERE case.
The plenary considers that his conviction for fraud violates the right to criminal legality and therefore orders the Court of Seville to issue a new sentence.
It is expected that the call will also be analyzed and estimated in the coming hours. José Antonio Griñán against his sentence of six years and six months in prison for fraud and embezzlement.
The Guarantee Court has been studying the case for weeks resources of former high officials of the Junta de Andalucía in the case of the ERE: the multimillion-dollar system of government aid to companies and workers that, according to the Supreme Court, was based on a lack of control, established and maintained by the governments of the socialists Manuel Chaves and José Antonio Griñán. The former was sentenced to nine years disqualification for fraud and the second to six and a half prison sentences when the judges added the embezzlement of government funds to this.
The approach of the TC is the same as in the previous rulings of the ERE, that is to say the preparation of the preparatory projects and their approval as legislative proposals does not constitute deception and that from 2002 onwards they acted in accordance with the scope of the Budget Law approved by the Andalusian Parliament, so that the penalty is only maintained for aid granted before 2002 and for a budget amendment not related to social-labour aid approved in 2004.
The verdict, for which the vice-president of the TC was the speaker, Impeccable Montalbanwas approved with the votes of the progressive majority, with the individual votes of the conservative magistrates Ricardo Enríquez, Enrique Arnaldo, César Tolosa and Concepción Espejel.
Source: EITB
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