The Provincial Court of Badajoz concludes in the ruling of the 'David Sánchez' case that those responsible involved "consciously disregarded the Law and trampled over the Law" with the aim of "achieving their purposes," including favoring the hiring of Pedro Sánchez's brother in the Badajoz Provincial Council.
In the ruling, of 378 pages, the court describes a "notoriously arbitrary" action by the accused, "whose sole foundation was the self-serving will of the specific beneficiaries," in reference to Article 9.3 of the Constitution.
The resolution details that in this case "power is exercised arbitrarily" when an authority or official issues a decision that "is not the effect of the Constitution and the rest of the legal system but, purely and simply, the product of their will, unreasonably turned into an apparent source of normativity."
According to the Court, the outcome of this procedure is "an injustice" and causes the "infringement of a right or collective interest," fitting the crime of administrative prevarication, as the facts "are classifiable as arbitrary and unjust resolutions according to that criminal concept."
It Violates Public Procurement Principles
The court states that the incorporation of Pedro Sánchez's brother, as well as the subsequent modification of his senior management position to perform "functions not proven to be necessary or urgent" that were previously carried out by lower-level administrative staff, is "violating the elementary principles of public employee recruitment."
This itinerary, as recorded, "involved awarding these jobs to a person linked by family ties," in allusion to the brother of "who held the highest responsibility in the PSOE executive and would be invested as President of the Government of Spain in June 2018," Pedro Sánchez.
It Classifies the Facts as Administrative Prevarication
The sentence groups the proven facts into three blocks: the creation of the position assigned to David Sánchez, its subsequent modification, and the creation of another position for his friend Luis Carrero, all framed within the crime of administrative prevarication under Article 404 of the Penal Code.
These episodes, according to the ruling, "respond to a preconceived plan, a unity of purpose and natural action," which begins with the "design to create a public employment position as Senior Management personnel reserved for the accused David Sánchez Pérez-Castejón with the intention of favoring him when he was unemployed."
For the latter, an "unnecessary and empty" position was created, which involved the "successive intervention of the accused who will be named, in unity of action," so that such conduct "is classifiable within the type already indicated as a single crime" of administrative prevarication.
In relation to the change of denomination of David Sánchez's position to head of the Performing Arts Office, the court finds that the accused "were guided by the desire to adapt the functions of the initial position to the operatic concerns" of Pedro Sánchez's brother, which "in fact" meant configuring a new position different from the original, eliminating 'contra legem' the incompatibility, facts that are also classified as another crime of prevarication.
Finally, regarding the creation of an additional position in the Diputación de Badajoz, awarded on a service commission to a friend of David Sánchez, the resolution maintains that said position is "empty of functions" and that its real purpose was to reserve it for Luis María Carrero, "in order to assist him in his operatic projects, from a different department," for which reason the Provincial Court of Badajoz understands that these facts "are classifiable as another crime of administrative prevarication."
The sentence concludes by stating that "there is no doubt" that the decisions by which David Sánchez was hired and "subsequently adapted the working conditions to his operatic desires and concerns," as well as to Luis María Carrero, "were manifestly unjust."