Fact Check: Dos ex consejeros del PSOE quedan sin castigo por un ERE de 100 millones tras 15 años sin ser imputados
What We Know
Recent judicial rulings have confirmed that two former Socialist Party (PSOE) ministers in the Junta de Andalucía, José Antonio Viera and Antonio Fernández García, will not face punishment for their involvement in the misappropriation of over €100 million in public funds allocated to Santana Motor, a car manufacturing plant in Linares, Jaén. The Sección Séptima of the Audiencia Provincial de Sevilla ruled on January 27, 2025, that the crimes of administrative prevarication, embezzlement, and document falsification had expired due to the statute of limitations, which is set at 15 years for such offenses under Spanish law (Article 131 of the Penal Code) (OKDIARIO, ABC).
The funds in question were distributed between 2001 and 2010 in an attempt to sustain the failing company, which ultimately closed in February 2011, having accumulated losses of €270 million (ABC). The court noted that there had been no formal charges against Viera and Fernández for over 15 years, which led to the expiration of the case (OKDIARIO).
Analysis
The claim that two former PSOE ministers have escaped punishment for their roles in a significant financial scandal is substantiated by the recent court ruling. The ruling highlights the procedural aspects of the Spanish legal system, particularly regarding the statute of limitations on serious crimes like embezzlement. The defense successfully argued that the timeline for prosecution began in 2003, when the alleged misappropriation of funds started, and that no formal charges were brought until 2019, exceeding the 15-year limit set by law (ABC, El Mundo).
The sources reporting on this case, including OKDIARIO and ABC, are reputable news outlets in Spain, though they may have varying editorial slants. OKDIARIO is known for its critical stance towards the PSOE, which could influence its framing of the story. ABC, while traditionally more centrist, also reports critically on political corruption, particularly involving the PSOE. Both sources provide consistent information regarding the legal proceedings and outcomes, lending credibility to the claim that the two ex-ministers will not face legal consequences.
The broader context of the ERE scandal, which has been a significant political issue in Spain, adds weight to the implications of this ruling. The ERE case has already exposed numerous irregularities in the management of public funds by the PSOE in Andalucía, and the failure to prosecute Viera and Fernández further complicates public trust in political accountability (ABC).
Conclusion
Verdict: True
The claim that two ex-consejeros del PSOE have escaped punishment for their involvement in a €100 million embezzlement case after 15 years without formal charges is accurate. The judicial decision to declare the crimes prescribed underscores the limitations of the legal system in addressing long-standing corruption cases, particularly in the context of political accountability.
