The businessman Francisco Pérez López, known as ‘Paco Gasofa’, has announced an appeal before the Supreme Court (TS) of the sentence in the ‘Erial case’ that sentenced him to a year and a half in prison as the criminally responsible author of a crime of falsehood. However, the fourth section of the Provincial Court of Valencia initially acquitted him, along with other defendants, “of the crimes for which they had been accused.” The defense of ‘Paco Gasofa’, carried out by criminal lawyer Agustín Ribera Fuertes, has already requested a clarification of the sentence “for the purposes of strict legal certainty” and “in order to specify whether there is a conviction for a crime of falsehood.”
The person convicted and acquitted at the same time, in a letter to which elDiario.es has had access, announces the filing of an appeal before the Supreme Court and considers that the sentence “contravenes the interests” of the businessman.
The defense of Francisco Pérez López justifies the appeal for an alleged violation of the constitutional precept of the presumption of innocence. The document also rejects the “improper application” of the articles of the Penal Code related to the crime of falsification of a public document.
The sentence, which sentenced former minister Eduardo Zaplana to a sentence of 10 years and five months in prison, concludes that Francisco Pérez López, former president of the Benidorm PP, signed a debt recognition document “knowing” that the other participant, Gregorio Fideo (Zaplana’s personal assistant) had died. All of this in the context of the distribution of the percentage of ownership of the Loix ship, acquired by several friends of Eduardo Zaplana although used mainly by the former president of the Generalitat Valenciana, according to the section of proven facts.
The “mendacious” document was prepared by tax advisor Francisco Grau “at the direction” of Eduardo Zaplana, adds the Valencia Court. On the contrary, Francisco Pérez López’s lawyer considers that there has been a “breach of form”, as “all the points that have been the subject of defense have not been resolved in the ruling.”
The document regrets that the sentence ignored a record of statements before a notary made by Gregorio Fideo’s son, delivered by the defense of ‘Paco Gasofa’ at the beginning of the oral trial, “without being rejected by the court.”
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