The prosecutor corrects Luis Medina and insists that having returned the commission for the gloves does not erase the scam

The prosecutor corrects Luis Medina and insists that having returned the commission for the gloves does not erase the scam

The prosecutor in the mask case, Luis Rodríguez Sol, has challenged the appeal filed by the defense of Luis Medina against the appearance of the Madrid City Council as a victim. Rodríguez Sol alludes to the delivery of some gloves that were not the ones that the City Council had bought and concludes: “The fact of having returned part of the money after the deception was verified does not eliminate the atypicality of the conduct, but at most it could be considered a mitigating circumstance of a crime already consummated.

Likewise, the prosecutor in the case considers it “false” that the more than 4 million dollars that Luceño and Medina returned was the difference in price between the gloves ordered, up to the elbow, and those that were delivered, pairs that arrived, covered up to the wrist. It was, on the contrary, "the result of renouncing the commissions that those investigated had agreed with the seller without altering the initial price of the product one iota."

The gloves cost $0.39 and Luceño and Medina charged the City Council $2 per pair. When he complained, they left him at his true price, although in reality what they had done was forfeit their commission. Even so, the prosecutor recovers, the 0.39 dollars were still well above the price at which the gloves were sold to citizens in supermarkets in Madrid, and which was 0.08 per pair.

“Finally, in addition to all of the above, the Madrid City Council ended up paying the surcharge of a penalty of 25,000 dollars that in justice the intermediaries should have borne as those responsible for the delivery of a material that did not correspond to what was agreed and that , however, the Madrid City Council was charged without their consent, ”Rodríguez Sol continues in his letter, to which has had access. “For this reason, without the need to go into more details of the other operations, it is evident that the only concept in which the Madrid City Council can appear in this case is that of civil actor or private prosecution”, concludes the prosecutor in this regard. .

The representation of Luis Medina Abascal considers that the Consistory is denouncing facts that at the time did not seem irregular at all. "Now they can't come and complain of something that they considered valid and for which they did not file any type of claim”, he collected in his letter, alluding to the fact that the City Council never reported fraud some.

The prosecutor, also consulted by the judge, pronounces himself in favor of not imposing a bail on the parties in person, as Medina claimed according to the jurisprudence of the Supreme Court, while estimating that the request of the investigated party that they all act under the same legal direction is a power that the law recognizes to the judge and that he has not imposed.

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