The Supreme Court Sentenced A Social Security Official To Five Years In Prison For Receiving 16 Pensions From His Late Grandfather

2021-02-01   |   by CusiGO

The second chamber of the Supreme Court sentenced a social security official to five years and seven months’ imprisonment and a fine of 600000 euros for failing to receive a pension from his grandfather who died in 1993 between 2000 and 2016. The worker served as the chief of the pension control section of the Samora provincial authority and won the lawsuit according to the judgment, “His ancestors” committed a continuing crime of fraud on social security benefits than other workers, and another was falsifying official documents. He received 549000 euros. After partial acceptance of the defendant’s appeal, the judgment quashed the judgment of the court of first instance in Samora, which was confirmed by the high courts of Castilla and Leon and sentenced to seven years and three months’ imprisonment.

According to the Supreme Court’s decision, there is evidence that the worker, in accordance with his status, agreed to “restore” the key to his grandfather’s pension, which died seven years ago in August 1993, in February 2000, and maintained it until April 2016, when he released him from the death pension. During this period, he received a total of 549541 euros in illegal benefits and had to repay the National Institute of social security (INSS).

In addition to this fraud, the convicted person has made other changes to the accounts receivable of some members of his recent circle. That’s how his father’s pension was. His file was revised up. Through this manipulation, he got an extra income of 35995 euros. This intervention is not the only evidence of the Supreme Court’s decision. He also helped a friend who told him that she had financial problems, so he restored a widow’s pension, which was paid after the beneficiary’s death and made her friend a new beneficiary. In addition, she started an orphan’s pension for her son. The total amount of fraud was EUR 13263 and EUR 5147 respectively. The woman was sentenced to one year and ten months’ imprisonment at a hearing in Zamora, but did not appeal. She and another convicted person had to jointly pay the national security agency 19259 euros.

In its judgment, the Supreme Court recognized the continuity of crime between the four facts that are considered to have been proved, because there are such elements as “subjective connection, consistency of action, means of entrustment, legal property affected, material characteristics of the commandment violated, etc, In this case, it is crucial that the appellant has the ability to change the data in the file of benefits owed by different individuals who benefit from the fraud. ” Similarly, it recalled that the appeal decision did not provide sufficient data to assess the significant temporary interruption between the four proceedings and, therefore, in such imprecise circumstances, it could not be presumed that such interruption was adverse to the accused. In determining the new judgement, the court took into account the criminal continuity of the four proceedings, as well as the special value of the proceedings – the duration of the fraud for 16 years, the author’s status as a public official – and the result of the fraud exceeding 549000 euros.