Tuesday, October 19

An official who received his dead grandfather’s pension for 16 years was sentenced to five years


Facade of the Supreme Court headquarters.

Facade of the Supreme Court headquarters.
EP

The Supreme court has condemned 5 years and 7 months in prison and to the payment of a € 600,000 fine to an official of the Social Security in Zamora who collected for 16 years the pension of his deceased grandfather, getting to pocket a total of 549,000 euros.

It is a jail sentence lower than that imposed by the Zamora Court and ratified by the Superior Court of Justice of Castilla y León (7 years and three months in prison) since the Supreme Court considers that there was criminal continuity in his fraud and partially estimates your resource.

The Criminal Chamber considers him the author of a continuous crime of fraud of Social Security benefits in an ideal contest with a second of falsehood in an official document, and forces him to return these 549,000 euros to the National Institute of Social Security (INSS) .

Head of the Pension Control Section in the Provincial Directorate of Zamora of Social Security at the time of the events, the convicted ‘rehabilitated’ his grandfather’s pension in February 2000, died in August 1993, according to the proven facts of the sentence.

This allowed him to collect “personally and improperly” benefits that amounted to 549,541.21 euros until, in April 2016, he was terminated due to death. In addition to that, he modified the file of his father’s retirement benefit, so that he received 35,994 euros more than he owed.

To achieve this, the sentence indicates, he used the keys for the processing of social security pensions and he used “his ancestry” as chief of officials who worked in his department.

The condemned man also offered to help a friend with financial problems. She restored a widow’s pension that had been discharged due to the death of its beneficiary, which she replaced by her friend, who from that moment began to enjoy this benefit.

He did the same with a orphan’s pension, in this case for the benefit of this woman’s son, who improperly received the pensions. The total amount received was 13,263 and 5,147.40 euros, according to proven facts.

This person was sentenced by the Zamora Hearing to one year and ten months in prison for a continuing crime of Social Security fraud, although the Supreme Court does not expressly rule on her because she did not appeal the sentence. Both must jointly and severally compensate the INSS with 19,259.77 euros.

The magistrates see criminal continuity throughout the fraudulent action described as there are “elements of subjective connection, homogeneity of action”, among other circumstances, as well as “a clamping effect due to the use of an identical occasion”.

All of this is marked “decisively by the appellant’s situational capacity to alter the data in the benefit files.”

They also recall that the sentence does not provide sufficient data to appreciate a significant temporary break between the four actions and that, under these imprecise conditions, such a break to the detriment of the convicted person cannot be presumed.


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