The European Court of Human Rights has denied the appeal of a Spanish man from Menorca, FSM, who was sentenced to seven and a half years in prison and the payment of 4.6 million euros per Tax evasion And that he tried to get rid of his punishment claiming that his mental situation did not allow him to understand what he was accused and, therefore, he could not prepare his defense in conditions.
His lawyers explain that the man, convicted in 2013, was under the tutelage of the Aldaba Foundation for a partial disability that prevented him from making administrative and fiscal decisions.
In December 2013a criminal process against the applicant began for alleged Fiscal Fraud in 2007 and 2008when I was administrator of two companies. In 2017, he requested a preliminary hearing to evaluate his cognitive capacity, where an expert concluded that he could understand the trial. However, in 2018, his lawyer requested to suspend the process arguing that Its cognitive deterioration affected Your defense. A new forensic report confirmed its ability to be tried, although it recommended procedural adjustments.
After not appearing twice, in May 2018 his preventive detention was ordered. Subsequently, the Provincial Court rejected to suspend the process and denied new medical evidence that questioned its capacity. In January 2019, the trial was held and the defendant exercised his right to remain silent. In February of that year, he was sentenced by tax fraud to seven and a half years in prison and to the payment of 4.6 million euros.
The Supreme Court confirmed the sentence in 2021, considering that had the capacity to defend oneself. An appeal before the Constitutional Court claiming violation of procedural rights was declared inadmissible in June 2021 due to lack of constitutional relevance, and decided to raise it to the ECHR that, now, also question the action of the defendant’s own defense.
The error of the lawyers
The ECHR considers that the applicant’s mental condition did not justify the suspension of the trial, but admit that this situation could open the way to adopt additional procedural adjustments to guarantee the defendant’s correct defense. The defendant’s lawyer did not request such adjustments, limiting himself to requesting the suspension of the process as a whole and that is where they erred the shot.
The national courts considered the expert reports and guaranteed that the applicant was represented at all times. In addition, he exercised his right to remain silent without this affecting the evaluation of his guilt. Since it was not proven that the lack of procedural adjustments affect the equity of the trial, the ECHR has concluded that There was no violation of law In a fair trial in accordance with article 6 of the European Convention on Human Rights and, therefore, he has reaffirmed the conviction.
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