The Court of Instruction number 4 of Guadalajara has sentenced Víctor San Vidal Martínez, former mayor of Fontanarfor a crime of workplace harassment, to a sentence of four months in prison for insulting a municipal worker with expressions like “mentally retarded or useless”.
San Vidal, who is currently being tried for the crimes of embezzlement of funds, document falsification and prevaricationleft his position as councilor of the municipality last year after the Prosecutor’s Office issued a statement announcing that it was going to investigate him for these alleged crimes of workplace harassment.
As detailed in the proven facts of the sentence, and reported by Europa Press, since the summer of 2022, the accused, who was mayor of the municipality, carried out hostile and humiliating acts towards DDD, a worker who provided services at said City Council as an entertainer. sociocultural, making numerous criticisms of the work carried out by it for the City Council.
Expressions such as “mentally retarded, useless, you are worthless, negligent, everything you do is wrong” were shouted at DDD in the presence of other workers from the Fontanar City Council, in WhatsApp groups shared by the workers of the aforementioned City Council or in the presence of residents of said locality; not only in municipal offices, but also on public roads during events or activities organized by DDD in the exercise of her duties as a City Council worker, as detailed in this ruling.
“All of them occurred within the workplace and the accused took advantage of his position as a hierarchical superior in relation to it.”
These events have been repeated over time from the summer of 2022 to March 3, 2024. On this last date around 9:30 p.m., when DDD was in the youth house, belonging to the Fontanar City Council, the accused He went to said premises and shouted very aggressively at her – “You’re mentally retarded, you’re stupid, you’re going to go to the fucking street” -, while He grabbed a chair and threw it against the wall..
This event was recorded by three residents of Fontanar, who were outside the youth house and who were able to hear the different expressions uttered by the accused.
As a consequence of these events, DDD suffered an anxiety crisis, for which he had to receive psychological treatment. The injured party has been financially compensated by the accused and does not claim any amount.
The facts declared proven are legally constitutive of a crime of workplace harassment provided for in article 173.1 of the Penal Code, and for which the interested penalty must be imposed by the Public Prosecutor’s Office, reduced by one third, as provided for in article 801 of the Criminal Procedure Lawa precept that establishes the legal presuppositions to issue a criminal conviction sentence in accordance, which concur and are fulfilled in this case.
In the present case, it is necessary to agree to suspend the sentence imposed in this process, for the time and under the conditions established. The accused will be responsible for the procedural costs, in accordance with the provisions of article 123 of the Penal Code. You remember the suspension of the custodial sentence for a period of two yearsconditional on the prisoner not committing a crime during said period.
It is stated that this ruling is final, having been notified to the parties orally, expressing their willingness not to appeal it.
#months #prison #mayor #Fontanar #calling #employee #mentally #retarded
