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Martes, 29 de octubre 2024, 14:35
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The Council of Ministers is expected to agree this Tuesday on the partial pardon for the 'Gürtel' whistleblower, José Luis Peñas, who was convicted of crimes including illicit association, bribery, document forgery, fraud, embezzlement of public funds, and prevarication, with the mitigating factor of confession, to 5 years and 3 months in prison, 5 years and 1 month of absolute disqualification, 7 years and 6 months of special disqualification for public employment or office, and fines amounting to 130,600 euros.
As reported by ElDiario.es and confirmed to Europa Press by government sources and the defense of the former PP councilor, 17 years after the complaint and exposing the scheme, this Tuesday it reaches the Council of Ministers. They point out that this partial pardon will allow him to keep his position as a civil servant in the Madrid City Council.
Precisely, on October 14, the National Court agreed to end the prison sentence imposed on Peñas after deciding in April to suspend it for three years.
Already in 2021, the Criminal Chamber of the Supreme Court favorably informed the granting of a partial pardon to the 'Gürtel' whistleblower and sent a report to the Ministry of Justice indicating that it supported commuting the two absolute disqualification sentences Peñas was sentenced to, for two special disqualification sentences, of identical duration to the commuted ones, for public positions of free appointment or election.
The Chamber considered the prosecutor's criteria for its decision, which supported the granting of the partial pardon to José Luis Peñas, based on reasons of justice, equity, and public utility, requirements demanded by the Pardon Law, and the applicant's repentance.
Additionally, the prosecutor expressed in his report the lack of protection for whistleblowers in Spain, unlike what happens in comparative law where the figure of the 'whistleblower' is recognized and protected.
It also valued Directive (EU) 2019/1937, of October 23, 2019, on the protection of persons who report breaches of Union law.
The Public Prosecutor's Office report highlighted that the fulfillment of absolute disqualification in Peñas's case would mean the loss of his job, which would be an excessive and unnecessary affliction for him.
In contrast, it considered that the partial pardon, commuting the absolute disqualification sentences for two special disqualification ones, would allow him not to lose his status as a public servant and continue performing his duties as an orderly in the Madrid City Council.
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