The Court of Seville has requested this Friday a forensic report to determine if the imprisonment of Juan Antonio Griñán, former president of the Junta de Andalucía sentenced to six years in prison for the case of the ERE, can have a negative impact on the development and treatment of the serious illness he suffers from, as the ex-politician has alleged to avoid his imprisonment. In view of this report, the First Section of the Hearing will decide whether or not to suspend the entry into prison of the socialist politician, a measure that last night requested his defense after learning that the entry into prison of Agustín Barberá has been paralyzed , former Deputy Minister of Employment, after alleging his poor state of health. The court brief does not give any term for the presentation of the forensic report or for the resolution by the court. The Christmas holidays are, according to a reform approved this Thursday, non-working days for courts and tribunals.
The ruling of the court is a consequence of the document presented last night by Griñán’s lawyer, José María Calero, in which he requested that his entry into prison be paralyzed. In it, among other reasons, he exposes to the court that he suffers from prostate cancer for which he is undergoing radiotherapy treatment with hormonal support, according to sources close to the ex-politician. That same day, the Court had set a period of 10 calendar days for José Antonio Griñán and the rest of the seven former senior officials sentenced to prison terms in the case of the ERE to begin serving the custodial sentence. The lawyer wants to take advantage of article 80.4 of the Criminal Code, which provides that 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. That is the argument that the magistrates have adopted in the Barberá case and it is the one that Calero hopes will be followed with his client.
The Court has sent a letter to the Institute of Legal Medicine to designate a coroner and he will examine the documentation he needs and make “an examination of the patient if necessary.” With all this, the appointed doctor is asked to “issue a report assessing whether admission to the prison could have an impact on the development of the disease or on the prescribed treatment.” Thus, with these elements, “the court will decide on the request for suspension raised by the defense of the former president of the Board.”
Yesterday, after rejecting the suspension of the imprisonment while deciding on the pardon request and communicating the maximum term of entry into prison, the Court reported that it had dismissed an appeal presented by the defense lawyer of Agustín Barberá but had agreed to suspend entry, at least until the forensic report is received. “In this sense, the lawyer of this person under investigation made allegations in his appeal regarding the merits of the appealed decision and presented humanitarian reasons for the disease he suffers from,” the judges explained yesterday.
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