The former president of the Junta de Andalucía Jose Antonio Grinan and the rest of sentenced to prison for the ERE case, except for the former Deputy Minister of Employment Agustín Barberá for health reasons, They must enter prison before next January 1.
The First Section of the Provincial Court of Seville has issued an order in which it dismisses the appeals filed by eight of those sentenced to prison against the resolution in which the court refused to suspend the custodial sentences while the request for pardon.
In a new order, the Sevillian court has once again given within ten calendar days to voluntarily enter a prison. It will begin to count from this Friday, when the effective notification to the attorneys will take place, and will end on January 1.
[La Audiencia ya tiene vía libre del TS para dictar el auto sobre el ingreso en prisión de Griñán]
In total, the court has dismissed all the appeals presented, but has granted the suspension of the immediate imprisonment of the former Deputy Minister of Employment requested by his defense based on article 80.4 of the Penal Code. Specifically, he exposed humanitarian reasons for the disease he suffers.
The aforementioned article provides that the judges and courts may grant the suspension of any sentence imposed without being subject to any requirement in the event that the prisoner is afflicted with a very serious illness with incurable conditions, as is his case. In any case, the court is pending a report by the forensic doctor.
In a general way, the court indicates that those investigated raise in their appeals “issues already resolved in the appealed order”, as well as that “there is no data or circumstance that allows the resolution issued to be amended“.
reject helplessness
Several defenses also alleged the time elapsed since the events occurred. However, the Court justifies it in that it is a macrocause with many investigated that required the practice of evidence that takes a long time due to circumstances, sometimes beyond the control of those investigated and the judicial body itself.
It also rejects the defenselessness of the parties supported by the defenses in the nullity motions or presented before the Supreme Court. In this regard, the Sevillian court resorts to the previous order in which the magistrates indicated that in no way this circumstance may lead to the suspension of the execution of the custodial sentences imposed in final sentence. Nor the request for partial pardon from the Government.
[Griñán pide a la Audiencia ampliar tres meses el plazo para su ingreso en prisión por el caso ERE]
Finally, it also rejects the request of the Griñán defense to increase the term to three months. He considers that there is “no reason” to agree to a postponement of the sentence and it would not be justified. “It lacks legal support and would mean a comparative offense for the rest of the prisoners,” the magistrates conclude.
The delay
The Court has issued this order this Thursday three days after the Supreme Court gave it free rein after notifying to the parties a clarification of their judgment following the request made byhe lawyer of the former vice president of the Board Gaspar Zarrias, Gonzalo Martinez Fresneda.
This meant that the ten-day period given by the Court in November did not begin to count until today. Asome Defenses such as those of the former Minister of Innovation Francisco Vallejo and the former Vice Minister of Innovation Jesus Maria Rodriguez Romanboth sentenced to jail, had argued that the Supreme Court ruling was still pending.
With this order, against which there is no appeal, the Seville court is already starting the countdown for the entry into prison of these convicts, which will end on the first day of 2023.
