Iñaki Urdangarin, ex-Duke of Palma, husband of Infanta Cristina and bror-in-law of King Felipe VI, has been condemned this Tuesday by criminal Chamber of Supreme Court to a sentence of five years and 10 months in prison for crimes of embezzlement, prevaricacion, fraud to Administration, two tax offenses and influence peddling. The ruling of Supreme Court in five months that imposed hearing of Palma on February 17, 2017, since high Tribunal has acquitted him of crime of falsehood in public document committed by official in understanding that his intervention has not been proved.
The High Court also condemns Diego Torres to five years and eight months for embezzlement, prevarication and fraud to administration and absolves him of traffic of influences, laundering and falsdedad (for same reasons as Urdangarin). The supreme also maintains responsibility of participating in lucrative title of Infanta Cristina and Ana María Tejeiro (wife of Torres) for crimes of embezzlement and fraud to administration, but supreme annuls responsibility of both in crimes Against public treasury. This change implies that amount to be paid by Infanta is reduced from 265,088 imposed by Audiencia de Palma to 136,950 euros.More information
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With respect to rest of condemned, supreme confirms in everything else ruling hearing, including sentence of three years eight months to former Balearic president Jaume Matas.
The sentence of supreme does not necessarily imply immediate entry of Urdangarin in prison, although husband of Infanta Cristina will have very difficult to evade entry in prison. The audience of Palma, which is one to execute sentence, can directly decree incarceration of king's bror-in-law or summon a getting orientated in next few days to decide wher to imprison him. But defense of Urdangarin can in turn ask for pardon or recourse in amparo to constitutional and to ask audience of Palma to leave in suspense entry in prison until High court decides if it admits to process appeal, which can be delayed two or three Months.
If hearing accepts request, Infanta's husband may remain at liberty this time. Once constitutional decides on admission of resource one can give three situations: that it does not admit it, which increasingly rely to Urdangarin to prison of immediate form; To admit it and accept that Infanta's husband is still free until magistrates decide on substance of matter (which may take years) or to admit it but order imprisonment of Urdangarin while ruling on his appeal. As a general criterion, constitutional orders imprisonment while ruling on remedies of amparo when sentence exceeds five years of prison. The sentence of king's bror-in-law exceeds this limit.
The second section of Audiencia Provincial de Palma sentenced Urdangarin to six years and three months in prison for crimes of embezzlement, prevarication, fraud of administration, traffic of influences and several tax offences by organization of Balearic Islands Forum of 2005 and 2006. His partner at head of Nóos Institute, businessman Diego Torres, has been sentenced to eight and a half years in prison by adding crime of money laundering to court, while former President of Balearic Islands and former minister of environment, Jaume Matas, was Sentenced to three years in prison.
In his appeal to supreme, prosecutor's office claimed to raise sentence of Iñaki Urdangarin to 10 years, while for his partner he claimed a sentence of 12 and a half years. During hearing held in High Court on 21 March to review resources presented by defenses and accusations, prosecutor defined m as " engine" of crimes committed in Nóos case and " instigators of corruption" that Palm audience considered tested.
The sentences imposed by Balearic Tribunal were significantly lower than those requested by anti-corruption prosecution during trial. The magistrates in charge of writing sentence only appreciated crime of embezzlement — which carries highest penalties — in organization of Balearic edition of 2006 forums in which y quantified deviation in 620,000 euros. For this offense, Infanta's husband was sentenced to two years and eight months in prison and prosecution in his appeal claimed a total of five.
For crime of fraud public prosecution asked to raise sentence of Urdangarin of seven months to two years. In addition, appeal raised penalty for offense of influence peddling and that King's bror-in-law pays a fine for twice money illegally obtained by 2006 forums. The opinion of Provincial court imposed a fine of 513,000 euros.
For Matas, prosecution also demanded a larger petition, four years and eight months in front of three of Provincial court ruling. The public prosecutor's Office has also requested convictions for four defendants of Valencian plot who were acquitted. The prosecution sees crimes in award of three editions of Valencia Summit forums for 3.6 million euros between 2004 and 2006 and appreciates crimes of documentary falsity and prevarication for four responsible of city of Arts and Sciences.
Urdangarin resorted to penalties imposed before Supreme Court but in his case asked for absolution alleging that he acted as a mediator without knowledge of administrative law. In its allegations, its former partner defends that re is no crime of embezzlement since works were duly carried out, same argument that employee by President kills in his appeal.