The Supreme Court has substantially confirmed the ruling of “the Bárcenas papers” ratifying the conviction of the PP as subsidiary civil liability, although it has reduced the sentences of the three convicted for undue delays.
The Criminal Chamber essentially ratifies the ruling of the National Court that convicted the two administrators of Unifystudy in charge of carrying out reforms at the PP headquarters in Genoa, for a crime of tax fraud, as well as the former treasurer of the PP Luis Barcenas as a necessary cooperator in facilitating fraud by making a percentage of the payments owed in an opaque manner, with black money.
As it also confirms the subsidiary civil liability of both Unifica and the PP (only up to the defrauded amount attributable to payments in B), since this declaration had not been the subject of challenge.
Now, the Chamber, for minor issues of a predominantly technical nature, reduces prison sentences from two years and nine months to nine months to the two main responsible persons and from two years to eight months to Barcenas. The fines become 200,000 euros for each of the two administrators and 180,000 euros for the former treasurer.
This is due not so much to the acquittal for the crime of falsehood that the Supreme Court agrees to, considering that we are dealing with ideological falsehoods made by individuals, which are decriminalized except in exceptional cases; as to the appreciation of a mitigating circumstance undue delaysbased on the long time elapsed (five years) between the conclusion of the investigation and the trial.
The total amount defrauded is also revised downwards on the understanding that the amounts that had actually been taxed the following year, although at a lower tax rate, could not be included in the amount defrauded. The fraud would only include that lower percentage but not the total amount that, for the most part, was declared and settled. The defrauded fee thus goes from 870,000 to 374,000 euros.
Furthermore, the Supreme Court also confirms the sentence to the popular accusations to pay the costs of an accused who was acquitted as well as those borne by the PP related to the claims that were formulated by those accusations without being legitimate to do socontradicting known guidelines of jurisprudence.
The acquittal of Bárcenas for the crime of misappropriation for which he had been accused is also ratified, having already been sentenced to three years in prison for acts inseparable from those now on trial.
It thus endorses the criteria of the National Court: it was res judicata and, in addition, the civil responsibilities were extinguished by resignation of the injured party (Popular Party).
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