The sentence of the Supreme Court confirming the sentence to four and a half years in prison to former president of Bankia Rodrigo Rato for the scandal of the black cards will almost certainly involve your entry into jail in the coming days or weeks. The Penal Code only contemplates the possible suspension of prison sentences equal to or less than two years.
It will be the Fourth Section of the National Court, the court that judged the case on the improper use of cards for representation expenses by 65 directors and executives of the former Caja Madrid, who must decide (in a hearing to be held in when you have official notification of the sentence of the Supreme Court, probably in the next few days) when the former economic vice-president of the Government and former managing director of the International Monetary Fund enters into prison.
Rato, nevertheless, still has a trick that can prevent him, provisionally, from entering prison. A possible remedy of amparo before the Constitutional Court, if admitted for processing, could delay the imprisonment of the ex-politician. The usual criterion of the high court is to suspend in a precautionary manner the execution of prison sentences of less than five years when it admits the remedies of amparo, a circumstance that occurs in a very small proportion of cases. This happened, for example, with those firmly condemned for the ultra-rightist assault on the headquarters of the Generalitat of Catalonia in Madrid in 2013. The Constitutional Court suspended the sentences of the convicts, who reached almost four years in prison.
Rato is now facing a process similar to that of Iñaki Urdangarin, husband of the Infanta Cristina, last June, after being firmly sentenced to five years and ten months in prison for the crime. Nóos case. After the Supreme Court issued its judgment on June 12, the Provincial Court of Palma, which prosecuted the cause of corruption, quoted Urdangarin the next day and gave him five days to enter the prison of his choice.