Vitoria (EFE).- The Supreme Court will allow execution of the sentence in the De Miguel case after reducing the sentence of Iñaki San Juan, one of the convicted.
This decision will be followed by the notification of the sentence of the entire case to the Provincial Court of Álava so that it can begin its execution and order, in principle, the entry into prison of four of the convicted.
The Supreme Court confirmed in January the main sentences for corruption imposed by the Provincial Court of Álava on prominent members of the PNV in Álava.
One of the convicted, Iñaki San Juan, asked the high court for clarification, which has delayed its execution.
Iñaki San Juan, former PNV councilor in Leioa and De Miguel’s partner in the Errexal company, was sentenced by the Court to 5 years and 3 months, and the Supreme Court reduced his sentence to 4 years and 4 months.
The defense presented this request for clarification before the same Supreme Court, estimating that the same discount could be applied to him as to another defendant in the case, Josu Azkarraga Montes, as they deal with the same facts and responsibility.
The Supreme Court has agreed with him and has now again reduced the sentences of San Juan to three years and nine months.
Two years for the continued crime of embezzlement and one year and nine months for the continued crime of falsifying a commercial document.
The objective of the defense was that, by not adding either of the two crimes more than two years in prison, San Juan would not enter jail.
After resolving this “incident of clarification” of the sentence, the Supreme Court will now notify the sentence to the Provincial Court of Álava for its execution and the entry into prison of four of the convicted.
AFTER THE JUDGMENT, DISMISSAL OF DE MIGUEL
In addition to imprisonment, the order also opens the door to the dismissal of the main defendant, Alfredo De Miguel.
Until now, he continues to work at the Basque public company Hazi, a dismissal that had been requested by the parliamentary opposition and denied by the Basque Government until the sentence was final, although he was removed from his duties.
This same situation could occur with Koldo Otxandiano, who was also separated from his work at the Miñano Technology Park (Álava).
His dismissal has not been effective either.
In fact, according to legal sources, the Basque Government has asked the Court of Álava to clarify when the execution of the sentence will become effective
According to these sources, the entry into prison could occur within a period of three weeks or a month.
You have to wait between fifteen or twenty days in case the parties want to file appeals before the Supreme Court.
Once that time has elapsed and if there are no more resources, the Supreme Court will send the records to the Hearing and they will notify the parties.
They have the possibility of requesting a pardon or an extraordinary suspension of the sentence, alleging, for example, illness.
After these deadlines and procedures, the Court will adjust the penalties of the case to what is dictated by the Supreme Court, will decree the finality and execute the sentence.
In other words, it will definitively order the imprisonment of four of the defendants and will collect the criminal fines.
The De Miguel case against three former leaders of the PNV and a former director of the Basque Government has been the largest trial for corruption tried in the Basque Country.
THE JUDGMENT OF THE SUPREME
In its January ruling, the Supreme Court reduced Alfredo de Miguel’s sentence from 13 years and 3 months in prison to 12 years and 4 months.
He was number two of the PNV in Álava and a regional deputy, when he was acquitted of one of the four crimes of influence peddling.
He maintained his sentence for crimes such as illicit association, passive bribery, prevarication and embezzlement, as well as the maximum effective time in prison, which will be 9 years.
The former leader of the Alava PNV Aitor Tellería went from 6 years and 6 months to 5 years and one month in prison.
His party partner Koldo Otxandiano maintained his sentence of 7 years and 6 months
Like the former director of Youth of the Basque Government Javier Sánchez Robles, in 7 years and one month in prison.
They will be the four convicts who, after the execution of the sentence, will initially go to prison.
The rest of the convicts will not enter jail. The sentences for Iñaki San Juan, Josu Azkarraga, Jon Iñaki Etxaburu and Alfonso Arriola have been slightly reduced.
Iratxe Gaztelu-Urrutia, Ainhoa Bilbao, Sergio Fernández Oleaga and Justina Angulo are staying. EFE