The Supreme confirms 4 and a half years in prison for Laura Borràs and reminds him that corruption cannot be amnesty

In addition, the Court, in accordance with the Prosecutor’s Office, rejects the request of the appellant that the amnesty law of June 2024 was applied, since the proven facts that have been qualified as crimes of prevarication and falsehood are not related some with the Catalan independence process.

The Chamber dismisses the appeal of Borrás in which, among other reasons, questioned the proportionality of the penalty imposed and was based on the fact that the Superior Court of Justice of Catalonia proposed in its sentence a partial pardon to leave in two Years the prison sentence, and in the particular discrepant vote of a magistrate of the Catalan court who claimed a lower sentence.

The Supreme Court rejects these arguments and considers the penalty imposed because “the proven facts are framed in a conduct inserted in the corruption of a public official who is located outside the law, disobeys it and violates the principles that report the actions of the action of the Public Administration. Framed the facts in corruption it is difficult to meet the consideration that the recurring express ».

The magistrates that corruption crimes are based precisely on obtaining positions within the State, directly or through influences, “to commit crimes, to obtain patrimonial advantages, to dismantle the State, or to appropriate the heritage of the State.”

The sentence, unanimously dictated And from which the acting president of the Second Chamber, Andrés Martínez Arrieta, has remembers that with his performance “not only a patrimonial breakdown has been produced, to the State OA concurrent third parties, but also a damage to the rules of coexistence and social management (…) by a public official, called to observe the demands of the rule of law ”.

To consider that the amnesty should be applied, Borràs alluded to his “Purely independence profile” since he developed the direction of the Institution of Les Retres Catalans “within the framework of a government with a purely processor.”

The Supreme Court answers that “neither the profile, nor the development of a government action, in the administrative plot directed by the appellant, allow to consider that the conduct for which it has been convicted is part of a context of the so -called Catalan independence process” He adds that the proven fact refers to administrative hiring to facilitate direct award to a person by obviating the regulations that are scheduled to avoid corruption and ensure transparency and equality of possible bidders.

For the Supreme Court, in none of the sections of the amnesty law, Borrás’ A criminal law of acts, which is reflected in the proven fact, which refers to a conduct that has been subsumed in a criminal type ”.

The judgment appealed considered that when she was director of the ILC, between 2013 and 2018, Laura Borrás received the commission of preparing a web portal of reference of the Catalan letters. To do this, entrusted its creation, development and maintenance to an known acquaintance, Despite knowing that in doing so it dispensed with the administrative procedure of mandatory contracting and the demands that free concurrence and price.

During a meeting of the Governing Board of the agency in which the matter was addressed, He did not report that the portal had already been awarded. When advertised by the officials of the legal procedure that had to be followed, decided to simulate the award of the works already in chargefollowing the administrative process provided for minor contracts, paying, through an interposed person, the amount of the work carried out. The value of the 18 contracts amounted to 335,700 euros.