He Council of Ministers will approve this Tuesday the pardon of the disqualification sentences for Jose Luis Penasthe former PP councilor of Majadahonda (Madrid) who revealed the Gürtel caseafter a few days ago the National Court his prison sentence was discharged after suspending his execution.
On October 9, the National Court that tried the Gürtel macro-trial issued an order, in which it states that, after the three years of suspension of the prison sentence agreed to for Peñas, it is declared “the definitive remission of sentence of prison imposed” with the approval of the Prosecutor’s Office. In this way, Peñas has never been admitted for these events.
The Chamber agreed to suspend the execution of the prison sentence on April 5, 2021, while his lawyer, Angel Galindoprocessed the pardon of the former councilor who was key to uncovering this corruption plot that resulted in prison sentences for the former treasurer of the PP Luis Bárcenas, among others.
Now the Government will attend to this request in the Council of Ministers this Tuesday and will give the green light to the pardon, according to sources close to Peñas.
In February 2021, the Supreme Court already reported in favor of the Government granting a partial pardon to Jose Luis Penaswhich would allow him to continue working as a civil servant in the Madrid City Council.
Peñas was sentenced to four years and nine months in prison for crimes of illicit association, bribery, document falsification, fraud, embezzlement of public funds and prevarication, with the mitigating circumstance of confession; five years and one month absolute disqualification; seven years and six months of special disqualification for employment or public office and a fine of 130,600 euros.
The Supreme Court specifically endorsed the commutation of the two sentences of absolute disqualification that were imposed on him for others of special disqualification for freely appointed or elected public positions, which would allow him to continue working as a public employee in the Madrid City Council and guarantee the economic support of his family.
Peñas requested a pardon from the Executive once the Supreme Court slightly modified some sentences when analyzing the appeals against the ruling of the National Court, which is why it is the jurisdictional body that must issue the report.
He argued that thanks to his collaboration it had been possible to uncover the greatest business political corruption plot known in Spain in recent years by filing a complaint and providing conversations with the ringleader of the plot, Francisco Correa.
The Supreme Court thus followed the criterion of the Prosecutor’s Officewhich supported the partial pardon for reasons of justice, equity and public utility, as required by the Pardon Law, and for the repentance of the convicted person.
The Prosecutor’s Office stated that compliance with absolute disqualification in the case of Peñas would mean the loss of his job, which would mean for him a excessive and unnecessary afflictionwhile the partial pardon would allow him not to lose his status as a public official and continue as an ordinance in the city council.
The prosecutor alluded in his report to the lack of protection for whistleblowers in Spain, unlike what happens in comparative law in which the figure of the whistleblower (reporter or repentant) is recognized and protected, in addition to highlighting a Community directive on the protection of people who report infringements of Union Law.
Neither the Supreme Court nor the Prosecutor’s Office commented in their reports on the prison sentence to which he was sentenced and for which he has not been imprisoned, having been suspended at the request of the convicted person himself.
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