2023-09-27 14:10:00
The Criminal Chamber of the Supreme Court has sentenced the former mayor of Noja (Cantabria) Jesús DG to 9 years of disqualification for the continued crime of prevarication, for irregularly damaging a housing construction project in the town. The Supreme Court also partially upholds the appeal of the injured developer, in the sense that it expands the bases for calculating the compensation that the accused must pay, and condemns the City Council as subsidiary civil liability, which had been acquitted by the Provincial Court of Cantabria in his June 2021 ruling.
The Supreme Court has studied the appeals raised by the affected real estate developer, by Jesús DG, (mayor of Noja from 2006 to 2013) and by the one who was municipal secretary on the same dates, José Luis SM. In the case, it was concluded that they had been unduly imposed. urban planning obligations to harm the construction project of a real estate developer who acquired the plots that the mayor had intended to buy, thereby causing a delay in the execution of the work and that the homes were completed at the worst moment of the crisis real estate.
In its ruling, the high court partially upholds the former mayor’s appeal on the sole point of appreciating the simple mitigating circumstance of undue delays, so that it reduces the penalty of special disqualification for employment or public office from 10 to 9 years, affecting the position. mayor, councilor or elected member of any local entity or any other position that depends on democratic election in accordance with the legislation. The sentence is reduced by only 1 year “considering the marked illegal significance of events perpetrated over several years and carried out with the deliberate intention of causing harm.”
On the other hand, the appeal of the City Council secretary is upheld, sentenced to 9 years of disqualification by the Court as a necessary cooperator of the prevarication, who is acquitted when the Supreme Court understands that there is no evidence that he carried out acts of facilitation of the criminal action. and in the absence of evidence that allows us to establish, beyond all reasonable doubt, that he acted in concert with the active subject of the crime.
Likewise, the Supreme Court considers two reasons for the promoter’s appeal, so it establishes that the convicted person must compensate her in the amount determined in the execution of the sentence, including and adjusting to the following compensation bases:
-The increase in costs that the entity had to bear as a consequence of the presentation of the unnecessary urbanization and compensation projects contemplated in this case.
-The extra cost paid as a consequence of having failed to comply with the contractual term initially agreed with the sellers of the land, from which the value of the apartments that should have been awarded in exchange to the sellers of the land and that remained under the property of the developer must be deducted. , valued these by the value they had in the market at the time of their final sale or award to third parties.
-And the difference between the value that the other properties in the project had on August 26, 2009 (date of foreseeable completion of the works based on a detailed study approved on February 26, 2007) and the value offered by the same properties at the time of their final sale or allocation to third parties.
Likewise, the promoter’s appeal to establish the subsidiary civil liability of the Noja City Council is also upheld, a point in which the appellant was supported by the Public Prosecutor’s Office.
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