The first person released from prison in the ERE case is freed after the Constitutional Court overturns his conviction for embezzlement

Miguel Ángel Serrano, former general director of the former Andalusian Development Institute (IFA-IDEA), left Seville I prison on Tuesday afternoon, according to the agency. EfeHis release took place just a few hours after the Constitutional Court accepted his request for protection sentence of six and a half years in prison quashed which the Court of Seville imposed on him at the end of 2019.

This Tuesday, the Court ordered the release of the former high-ranking official of the Junta de Andalucía. His lawyer, Juan Carlos Alférez, stated on Tuesday that the government entity that made the ERE payments “could never have committed criminal offences” because “it complied with the mandates of the different budget laws.”

Serrano Aguilar was imprisoned in early January 2023 for a continuing crime of embezzlement resulting from the so-called “specific procedure” in the macro case of the ERE through which the regional early retirement funds in labor regulations files (ERE) were fraudulent and arbitrary aid.

However, according to the Constitutional Court, in a ruling by seven votes to four; Although the signing of certain agreements can be considered as resolutions falling within administrative matters, they cannot be seen as giving rise to arbitrariness because they were protected by the Budget Laws of Andalusia 2002-2009, approved by Parliament.

“The verdict, full of reason and legal logic, is a total redefinition of the law applicable to the case and which, as we have postulated from the defense, determines that the vast majority of the acts committed by the convicts are no longer criminal acts and that what “It was considered embezzlement of the entire budget item, they have been reduced to a practical minority”, his lawyer added to this newspaper on Tuesday.

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