Following complaints filed by both RTVE as by CC OO for the leak of questions and answers to the opposition of Information and Content of the public corporation the UDEF (Economic and Fiscal Crime Unit of the National Police) investigate where the leak of the questions came from.
However, the disclosure of this information would not be the only crime that could have been committed, as revealed in a study by the World Compliance Associationwhich points out that Those who had access to the leaked questions could also face prison sentences.
“There are hundreds of workers who have participated, in one way or another, in this fraud, we are talking about those who received the leak“, they denounced from the CC OO union.
And on previous occasions when there were leaks in other oppositions, the case reached the Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community, who condemned a candidate who benefited from a leak in the oppositions of Specialist Physician and Preventive Medicine and Public Health from February 2018.
The opponent who was condemned for using the filtered answers, according to WCA, “obtained a final score from the provisional list of approved candidates of 96.16 points, a total of 39.88 points higher than the second highest grade”.
Thus, the opponent was sentenced to nine months in prison and the loss of her possibility of obtaining subsidies or public aid and the right to enjoy benefits or tax or Social Security incentives for five years.
The cited study states that “in the case of RTVE, there is no aggravation or result [pues el examen fue suspendido y no llegó a realizarse], but there is fraud“, understands Jesús Odériz, criminal lawyer and director of Odériz Echevarría Abogados.
Thus, following the doctrine of the Supreme Court, those who received the questions and did not report that fact [el particular está obligado a denunciar el conocimiento de los hechos]they could be “in a degree of attempted crime against the public administrationwhich would reduce the sentence of these opponents to a considerable degree”, although “each and every one of them would be imputable.”
And although it is unlikely that criminal actions will be initiated against the opponents who obtained the questions, it could be opened to them. administrative “sanctioning file”which would prevent them from running again “in the next two or three oppositions.”
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