The TSJA confirms prison sentence to a woman in Córdoba for charging 20 years the widowhood pension of her deceased mother

The Criminal Chamber of the Superior Court of Justice of Andalusia has confirmed the sentence to two years in prison for a crime against social security to RS, a neighbor of Córdoba, dismissed the appeal filed against a sentence issued on January 19, 2024 by the Second Section of the Provincial Court of Córdoba for keeping the widow’s pension of his deceased mother for more than 20 years.

The sentence includes that the accused, with the purpose of being the amounts from the widow’s pension of which his mother, Mrs. R was perceptual, since the death of the latter, which occurred on December 22, 1998, and until April 2019, he did not communicate to Social Security such a civil security, being able to will The corresponding sums that were entered into an open account of before in the bank, of which the deceased was the owner and in which she was empowered to operate as authorized.

There is no National Document of his mother after his deceased or taking advantage of the lack of zeal of the employees of the aforementioned banking entity.

With the omisive behavior of the accused, not remedied by the bank with breach of the regulatory duties of Survival control From the pension perceptor, she seized a sum that in total amounts to the amount of 149,328.73 euros that she has used totally or partially for her benefit, although the bank has reinstated 35,459.70 euros «.

The sentence was appealed by the subsidiary civil entity according to the Court of the Second section now ratified by the TSJA.

The TSJA room indicates that the banking entity is condemned as a subsidiary responsible person. lack of diligence To determine the survival of the defendant’s mother, after more than two decades without worrying about contrasting the survival of a pensioner who at the time of death, on December 22, 1998, he already had 82 years old «.

The sentence “does not deserve any objection”

In this way, the sentence concludes that «the structure of the reasoning used by the Court of Origin to reach the conclusion that in this area obtained, supported by absolutely contrasted data, does not deserve any objection And, it can already be anticipated, the present reason for the appeal is bound to the most resounding failure. “