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12-01-2023, 07:19 PM
Radio Sintonia:
The Provincial Court of Las Palmas confirms the sentence of three years in prison to Domingo González Arroyo.
The Provincial Court of Las Palmas confirms the sentence to a total of three years in prison to Domingo González Arroyo imposed in April 2021 by a Criminal Court for fraud to the RIC, Reserva de Inversiones de Canarias and reduces to two years the sentence to his former driver and collaborator in the fraud, understanding that his responsibility was not the same as that of the former mayor of La Oliva, senator and regional parliamentarian.
The ruling to which Radio Sintonía Fuerteventura has had access collects, "that partially estimating the appeal filed by the procedural representation of A., and dismissing those filed by the procedural representations of Mr. Domingo González Arroyo and the commercial entity CALAOFU against the judgment dated April 20, 2021 of the Criminal Court Number Two of Arrecife, with headquarters in Puerto del Rosario, it is partially revoked regarding the imposition of A.'s sentence and regarding the distribution of responsibility, leaving its content as follows:
That I must condemn and condemn the defendants A. and D. Domingo González Arroyo as criminally responsible authors of a crime against the Public Treasury, without circumstances modifying criminal responsibility, to the penalty of one year and one year and six months of imprisonment respectively, with special disqualification for the right of passive suffrage during the time of the sentence, a fine of EUR 218 924.51 and EUR 437 849.02, respectively, with subsidiary personal liability of five and ten months, respectively, in case of non-payment, and deprivation of the right to obtain subsidies or public aid or enjoy tax or social security incentives or benefits for a period of three years.
That I must condemn and condemn the defendants A. and D. Domingo González Arroyo as criminally responsible authors of a crime against the Public Treasury, without circumstances modifying criminal responsibility, to the penalty of one year and one year and six months imprisonment, respectively with special disqualification for the right of passive suffrage during the time of the sentence, Fine of and 188,696.10 and 377,392.20 euros, respectively with subsidiary personal liability of five and ten months, respectively, in case of non-payment, and deprivation of the right to obtain subsidies or public aid or enjoy tax incentives or benefits or Social Security for a period of three years.
That I must condemn and condemn CALAOFU S.L. as criminally responsible author of a crime against the Public Treasury to the penalty of a fine of 377,392.2 euros.
In concept of civil liability, the convicted A. in a maximum of 25% and D. Domingo González Arroyo in the maximum 100% must jointly and severally compensate up to 25% and individually the second with respect to what exceeds the State Public Treasury in the amount of 218,924.51 euros for the crime corresponding to the year 2009, plus the interest of the tax arrears and without prejudice to the legal interests.
Likewise, the convicts A. and D. Domingo González Arroyo as well as the mercantile CALAOFU S.L. must compensate in a maximum of 25% the first and D. Domingo González Arroyo and the commercial entity in the maximum 100% must jointly and severally compensate up to 25% and jointly only the second and third with respect to what exceeds the State Public Treasury in the amount of € 188,696.10 for the crime corresponding to the year 2010, plus interest on late payment of tax and without prejudice to statutory interest'.
The convicted persons are also ordered to pay the costs of the present proceedings.
The procedural costs of this appeal in the proportion of 2/3 are imposed on the appellants whose appeals have been dismissed, the remaining third is declared ex officio.
Finally, the Court points out that against this resolution pursuant to article 792.4 in relation to article 847 of the Criminal Procedure Law, an appeal for CASATION may be filed for violation of the law of the reason provided for in number 1 of article 849 of the same procedural law within five days of its notification, by means of a document that will be presented to this Court.
The Provincial Court of Las Palmas confirms the sentence of three years in prison to Domingo González Arroyo.
The Provincial Court of Las Palmas confirms the sentence to a total of three years in prison to Domingo González Arroyo imposed in April 2021 by a Criminal Court for fraud to the RIC, Reserva de Inversiones de Canarias and reduces to two years the sentence to his former driver and collaborator in the fraud, understanding that his responsibility was not the same as that of the former mayor of La Oliva, senator and regional parliamentarian.
The ruling to which Radio Sintonía Fuerteventura has had access collects, "that partially estimating the appeal filed by the procedural representation of A., and dismissing those filed by the procedural representations of Mr. Domingo González Arroyo and the commercial entity CALAOFU against the judgment dated April 20, 2021 of the Criminal Court Number Two of Arrecife, with headquarters in Puerto del Rosario, it is partially revoked regarding the imposition of A.'s sentence and regarding the distribution of responsibility, leaving its content as follows:
That I must condemn and condemn the defendants A. and D. Domingo González Arroyo as criminally responsible authors of a crime against the Public Treasury, without circumstances modifying criminal responsibility, to the penalty of one year and one year and six months of imprisonment respectively, with special disqualification for the right of passive suffrage during the time of the sentence, a fine of EUR 218 924.51 and EUR 437 849.02, respectively, with subsidiary personal liability of five and ten months, respectively, in case of non-payment, and deprivation of the right to obtain subsidies or public aid or enjoy tax or social security incentives or benefits for a period of three years.
That I must condemn and condemn the defendants A. and D. Domingo González Arroyo as criminally responsible authors of a crime against the Public Treasury, without circumstances modifying criminal responsibility, to the penalty of one year and one year and six months imprisonment, respectively with special disqualification for the right of passive suffrage during the time of the sentence, Fine of and 188,696.10 and 377,392.20 euros, respectively with subsidiary personal liability of five and ten months, respectively, in case of non-payment, and deprivation of the right to obtain subsidies or public aid or enjoy tax incentives or benefits or Social Security for a period of three years.
That I must condemn and condemn CALAOFU S.L. as criminally responsible author of a crime against the Public Treasury to the penalty of a fine of 377,392.2 euros.
In concept of civil liability, the convicted A. in a maximum of 25% and D. Domingo González Arroyo in the maximum 100% must jointly and severally compensate up to 25% and individually the second with respect to what exceeds the State Public Treasury in the amount of 218,924.51 euros for the crime corresponding to the year 2009, plus the interest of the tax arrears and without prejudice to the legal interests.
Likewise, the convicts A. and D. Domingo González Arroyo as well as the mercantile CALAOFU S.L. must compensate in a maximum of 25% the first and D. Domingo González Arroyo and the commercial entity in the maximum 100% must jointly and severally compensate up to 25% and jointly only the second and third with respect to what exceeds the State Public Treasury in the amount of € 188,696.10 for the crime corresponding to the year 2010, plus interest on late payment of tax and without prejudice to statutory interest'.
The convicted persons are also ordered to pay the costs of the present proceedings.
The procedural costs of this appeal in the proportion of 2/3 are imposed on the appellants whose appeals have been dismissed, the remaining third is declared ex officio.
Finally, the Court points out that against this resolution pursuant to article 792.4 in relation to article 847 of the Criminal Procedure Law, an appeal for CASATION may be filed for violation of the law of the reason provided for in number 1 of article 849 of the same procedural law within five days of its notification, by means of a document that will be presented to this Court.