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A Zamora official sentenced to 5.7 years in prison for receiving 16 years the pension of his dead grandfather

Chamber II of the Supreme Court has sentenced to 5 years and 7 months in prison, and fine of 600,000 euros, to a Social Security official in Zamora who received his deceased grandfather’s pension for 16 years for a total amount of 549,000 euros, an amount in which he will have to compensate the National Institute of Social Security.

As reported by the TSJCyL, the Supreme Court considers this official the author of a continuing crime of fraud of Social Security benefits in ideal contest with a crime of falsification in an official document.

The sentence partially upholds the defendant’s appeal, who had been sentenced by the Zamora High Court, with confirmation from the Superior Court of Justice of Castilla y Leon, to seven years and three months in prison, for crimes of fraud in contest with falsehood in commercial document, and crime of fraud to Social Security.

The Supreme Court understands that the criminal continuity between all the actions of the defendant, included in a crime of fraud of benefits in competition with falsehood, should be appreciated, and that the new penalty is the appropriate one.

Rehabilitate the pension

In the proven facts of the court ruling, it is highlighted that the accused was a public official of the National Institute of Social Security and was assigned to the Provincial Office of Zamora, as Head of the Pension Control Section.

To carry out the crimes he used the keys for the processing of Social Security pensions and he used “his ancestry” as chief of the civil servants who worked in the Section.

Thus, in February 2000, he ‘rehabilitated’ the pension of his grandfather, who died in August 1993, for which he was personally and unduly receiving benefits whose amount was 549,541.21 euros, until, in April 2016 , resulted in discharge due to death.

It is also considered proven that he made changes to the record of his father’s retirement benefit, so that he it covered 35,994 euros more than debit.

Likewise, she offered to help a friend who told her that she had financial problems, for which she proceeded to rehabilitate a widow’s pension that had been discharged due to the death of her beneficiary, which she replaced by said friend, who from that moment he began to receive a widow’s pension.

In the same way he proceeded to rehabilitate a orphan’s pension for the benefit of the child of that friend receiving unduly the pensions on the part of that one. The total amount received was 13,263 and 5,147.40 euros, according to the proven facts.

Criminal continuity

The aforementioned friend was also sentenced by the Zamora Hearing (she did not appeal the sentence) to 1 year and 10 months in prison for a continuing crime of Social Security fraud. For these last two facts, the two defendants must jointly and severally compensate the National Institute of Social Security in the amount of 19,259.77 euros.

The Supreme Court appreciates in its sentence the criminal continuity between the four facts considered proven, as there are “elements of subjective connection, homogeneity of action, commissive means, affected legal good, material identity of infringed precept, unfair personal unity and a clamping effect due to the use of an identical occasion. Which, in this case, is decisively marked by the appellant’s situational capacity to alter the data in the benefit files of which the different people benefited by the actions were creditors. fraudulent “.

It also recalls that the judgment under appeal does not offer enough data to appreciate a significant temporary rupture between the four actions, so that, in these imprecise conditions, this rupture cannot be presumed to the detriment of the defendant. When setting the new penalty, the court takes into account the criminal continuity of the four actions and also the special devaluation of the action – the sixteen years during which the fraud lasted, the status of public official of the author- and the result – the amount defrauded by more than 549,000 euros-.

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