The Prosecutor’s Office asks for three years in prison for a Crime of fraud for a lawyer who undertook in 2014 to defend some clients – who came to make payments – and not fulfill his mission, which is why he is also charged with a crime of professional disloyalty.
The case comes from the Court of Instruction No. 1 of Arzúa and will be judged in the 2nd Section of the Provincial Court of A Coruña next Thursday, November 10.
According to the Public Prosecutor’s Office in its brief, the defendant, a lawyer collegiate who worked in a law firm in A Coruña, was contracted in September 2014 by the victim to defend his sentimental partner and his son, both in provisional prison.
After having contacted the two prisoners, “he promised them that he would secure their release within approximately a month”, preparing the defense of both once were releasedin view of the trial to be held and in which they appeared as defendants.
The accused came to person as defense attorney for both of them and presented a writ of appearance dated October 17, 2014. From that moment on, he held conversations with the clients, to whom he insisted that he would get the defendants out of jail.
“Acting with the desire to get rich”
“Despite this, acting with the desire to get rich and without any intention of fulfilling the professional obligations assumed” required the contracting party as a provision of funds, two payments of 3,000 euros in September and December 2014, as well as 600 euros , in November, for the payment of prosecutors.
Thus, he made the clients believe that he was taking legal steps, filing appeals or requesting the judge to release him, when did not submit any brief before the competent court, which determined that the father and son were imprisoned until the time of the trial on February 10, 11, 12 and 15, 2016.
By virtue of the ruling of February 24, 2016 of the First Section of the Provincial Court of A Coruña, the clients were convicted to the sentences of nine years in prison, as authors of a crime of kidnapping, and two years and six months in prison, for a crime of illegal possession of weapons.
crimes and penalties
For all this, the Prosecutor’s Office sees a continued crime of fraud, for which it requests a sentence of three years in prison and a crime of professional disloyalty, for which they request a 20-month fine, with a daily fee of 12 euros, subsidiary personal liability in case of non-payment and four years of special disqualification from practicing law.
In addition to paying the costs, the accused must compensate the injured parties with 6,600 euros for the cash deliveries made and 10,000 euros, each of them, for moral damages.