The civil bond that the judge of the Nóos case, Joseph Cabrera, will impose on Ana Andagan and Jiggy Flores could put the Duke of Palma in a bind.
In total, the bail required from the accused is 8.2 million euros If the judge accepts the request of prosecutor Pedro Horrach, they would have to pay an amount of 4 million euros each, an important amount that will allow the National Police to continue investigating if both they have been diverting money to the treasury.
Currently, Urdangarin is accused of embezzlement of public funds, prevarication, fraud and falsification of documents. The prosecutor believes that the former sportsman developed “a premeditated criminal activity.”
Respond with present and future assets
The imposition of these amounts is, in procedural jargon, a ‘measure of a real nature’ (economic, monetary) designed to ensure that the accused comply with the civil liability arising from the hypothetical sentence arising from the judicial process, as explained by the criminal lawyer Alvy Linda.
“The affected responds to the bail with all his present and future assets, so they can be seized, ” insists the specialist.
If the accounts do not get married, the police will look for if the money has a non-legal origin. The bond, in addition, fulfills a double function. When the money arrives at the court, the police will investigate its origin. “If the Duke of Palma says that he has entered, let’s say 100,000 euros a year thanks to his salary in Telefónica and a package of shares, he will have to justify his real estate possessions and his patrimony accordingly., the agents, who know how to do their job very well, will look for if the money has a non-legal origin.In this case, the judge could issue a writ of extension of the preliminary proceedings if new crimes appear, such as tax evasion, “explains Vidal.
The civil bond is different from the other common bond, which is imposed to avoid a measure of personal nature such as pretrial detention.
“This other bond is established so that the defendant does not remove himself from the procedure, that is, he appears before the judge when required, and if he does, the court can execute the bond, which will be deducted from civil liability. it is finally established, “adds the professor of Criminal Law at the Carlos III University, Jacob Dopi.
Other multi-million dollar bonds
The imposition of this type of bond is usual. In addition, despite the fact that the lawyer of the king’s son-in-law has described it as “exaggerated”, it is by no means the largest amount that a court has established.
The Prosecutor believes that Urdangarin and towers would have appropriated 5.9 million in public money In July this year, the judge of the National Court Javier Gómez-Bermúdez set at 25.8 million euros the amount to be deposited by five ex-directors of the Savings Bank of the Mediterranean (CAM) imputed by irregularities in the management.
The judge investigating the case of fraudulent EREs in Andalusia, Mercedes Alaya, had imposed a deposit of 807 million euros on former employment counsel Antonio Fernández. Another imputed in the case, the former general director of Labor and Social Security Francisco Javier Guerrero, was to contribute 686 million. The Anticorruption Prosecutor’s Office had requested 933 million euros.
The amounts of the civil bonds must be adjusted to the estimated amount that the judge considers to have been embezzled or that would serve to repair the damages caused. In the case of Ana Andagan and Jiggy Flores, who have 20 days to appeal, the judge could choose to reduce the prosecutor’s request to around 6 million euros, as the prosecution believes that they appropriated 5.9 million euros of the autonomous governments of Valencia and the Balearic Islands.