The Seville Court could execute the sentence of the ERE immediately

The Court of Seville already has in its power the actions related to the political piece of the ERE and, therefore, could execute the judgment of the Superior Court immediately, although there is no specific period to do so.

Thomas Osborne
Thomas Osborne
19 September 2022 Monday 11:49
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The Seville Court could execute the sentence of the ERE immediately

The Court of Seville already has in its power the actions related to the political piece of the ERE and, therefore, could execute the judgment of the Superior Court immediately, although there is no specific period to do so.

The former socialist officials sentenced to prison terms for committing a crime of embezzlement derived from this fraudulent system for the granting of socio-labour aid to workers and companies in times of crisis, which meant a hole of more than 700 million euros in the Andalusian public coffers.

Among them is the former president of the Andalusian Government José Antonio Griñán, with a six-year prison sentence in a sentence that has been highly questioned by some members of the PSOE.

Although some of the defendants have presented or are thinking of presenting an incident of annulment against the sentence and many others have requested a partial pardon in order to stop the execution of the sentence, the truth is that, according to judicial sources, everything points that with a sentence of 5 years in prison, the prisoner be ordered immediately, although the possibility remains open that the execution be put on hold until these files are resolved.

The granting of a partial pardon to José Antonio Griñán, a petition submitted to the Ministry of Justice by the ex-politician's family, "would undermine the credibility" of Justice, the popular president of the Andalusian Government, Juanma Moreno, has determined today, who has added that “This is not serious” and that it affects the State in “terms of credibility” since it is the Government, led by the socialist Pedro Sánchez, who must respond to the request.

However, he has said, he understands the "human reasons" alleged by the family to try to stop the ex-president's entry into prison, reasons that are defended, along with others, by a large majority in the national and regional PSOE, as well as in other areas, such as academic or cultural. In fact, the support for what was number one in Andalusia already amounts to more than 4,000 signatures, headings that include popular politicians such as the parliamentarian Juan Manuel Gómez, the historic leader of the PP-A Juan Ojeada, or the former minister Rodolfo Martín, among others, in addition to those already known as the one from former presidents Felipe González, José Luis Rodríguez Zapatero or Alfonso Guerra.

Remarkable are the great absences: Juan Espadas, current secretary of the PSOE-A, has not wanted to sign for ethical reasons, as he explained, although he has insisted on Griñán's innocence, as has the mayor of Seville, Antonio Muñoz, who He has assured that he is clear about the "honorability" of the former president, but has insisted that "as mayor, I am not going to sign."

The measure of grace also has the support of the world of economy, business and unions with the names of Antonio Gutiérrez, José María Fidalgo, Ignacio Fernández Toxo, Cándido Méndez or Juan Manuel Eguiagaray; from the world of culture and sports, such as Ros Torres, Miguel Ríos, José Luis Garci, Vicente del Bosque, Fernando Savater or Luis García Montero; from the judiciary and law sector, such as Antonio Camacho or Tomás de la Quadra Salcedo; or journalism like Mura Tores or Iñaqui Gabilondo.

The former president of the Junta de Andalucía, José Antonio Griñán, 76, was the first to raise the request for a partial pardon on September 1. It was his family who, alleged "humanitarian reasons", asked Justice for a measure of grace.

In addition, his lawyer insisted that he would present an incident of annulment against the sentence due to the way in which it occurred, in two separate acts, which has caused his client "to have the status of convicted without sentence", something that has been able to produce “an added or unnecessary suffering that it is necessary to see if it can be compensated with a lessening of the sentence”. The incident of annulment is the previous step before filing an appeal in the Constitutional Court to stop his entry into jail.

The fact that the sentence was not unanimous (two of the five magistrates voted against the existence of a crime of embezzlement of some exalted positions), is another of the fundamental pillars to request pardon, both for Griñán's family and for Francisco Vallejo, former Minister of Innovation, Science and Business (7 years in prison), who defends that there was no personal enrichment, as well as for the former general director of IFA/IDEA, Miguel Ángel Serrano Aguilar (six and a half years in prison).

It remains to be seen if the Provincial Court of Seville attends to these open processes and leaves the Supreme Court's sentence unexecuted or if, on the contrary, it sends those sentenced to prison immediately.