This Tuesday, the Provincial Court of Zaragoza sentenced María Pilar B. R. to three and a half years in prison for appropriating almost 90,000 euros from the Association of Mothers and Fathers (Ampa) of the public school where her two daughters went, an organization from which She was treasurer for eight years (2013-2021).
The court imposed this penalty by considering the accused author of a continuing crime of forgery in a commercial document - she forged the signature of a member of the association on 170 checks - in competition with another of misappropriation.
In addition, the magistrates have imposed a fine of 2,168 euros (to be paid eight euros a day for the next nine months) and the payment of compensation to the affected Ampa of around 60,200 euros, plus legal interest. When setting this amount, the court took into account that, before being reported, the woman returned approximately 29,400 euros, which is why the mitigating circumstance of reparation for the damage has been applied.
During the trial, the defendant reported that she only worked 15 hours and that, although her husband worked full time, they could not cover the special medical needs of their two daughters. This prompted her to use the money from Ampa's accounts, although she maintains that her intention was to return it. However, the amount stolen did not stop growing, until she finally said that she decided to tell it and returned almost 30,000 euros. “They didn't catch me, I told the board,” she said.
However, the Court has rejected the application of the mitigating circumstances of confession and state of necessity. Regarding the first, he considers that the accused told what happened “after” the Ampa of the José Camón Aznar public center had already begun to suspect that something was happening and had commissioned an expert to examine the accounts.
Regarding the second, he understands that the alleged state of necessity has not been proven, since the accused counted on her job and that of her husband. “The money that she allocated for her personal expenses was not used to feed herself because she had no other way to do so, since it included telephone expenses, gym club expenses, books and medical expenses. And as for her daughter's illness, she could be treated by social security doctors,” the court stated.
The magistrates declare it proven that during those eight years the woman had an authorized signature on two accounts, the availability of which was subject to the existence of two signatures to be able to manage the money.
Throughout this time, he appropriated 75,000 euros by forging 170 checks with the signature of the second person who had to sign, while by withdrawing cash he obtained another 14,300 euros.
When the first suspicions arose, Ampa tried to get the accused to present the accounts, but she delayed them and never did so. The repeated lack of responses led the group to file a complaint that has now resulted in this ruling, which can still be appealed.
