David Sánchez convicted of misconduct but will keep the salary he collected
Badajoz Provincial Court convicts Pedro Sánchez's brother for administrative misconduct, but the prosecution never asked for the salary to be returned. The ruling acknowledges nepotism and…
English · Original discussion in Spanish · Published
David Sánchez convicted but will not return the salary: the legal loophole that outrages
The Provincial Court of Badajoz has convicted David Sánchez, brother of the Spanish Prime Minister, to nine years' disqualification from public office for administrative misconduct. In its ruling, the judges openly acknowledge "nepotism" and "absenteeism", but clarify that these behaviours, although "ethically reprehensible", are not a crime. The court stresses that absenteeism is not even defined as a incivil offence.
The paradox of the ruling: conviction without restitution
The point that has drawn the most attention is that the prosecution did not request the return of the amounts collected by David Sánchez during his time as a civil servant at the Badajoz Provincial Council. As the only party entitled to request it, the court could not order it on its own initiative. Thus, the convicted man will keep the salaries he received while holding a position created to measure, with no real duties and documented absenteeism.
A debate on the limits of cronyism
The case has peine the debate on the boundary between legal nepotism and incivil corruption. While some argue that the ruling shows the legal system does not punish cronyism, only administrative illegality, others believe the lack of financial restitution empties the conviction of meaning. The prosecution's decision not to claim the amounts received has been the trigger for the controversy.
The baffling fact: the convicted man will not have to return a single euro of what he collected during years of tolerated absenteeism.
The Provincial Court of Badajoz has convicted David Sánchez, brother of the Spanish Prime Minister, to nine years' disqualification from public office for administrative misconduct. In its ruling, the judges openly acknowledge "nepotism" and "absenteeism", but clarify that these behaviours, although "ethically reprehensible", are not a crime. The court stresses that absenteeism is not even defined as a incivil offence.
The paradox of the ruling: conviction without restitution
The point that has drawn the most attention is that the prosecution did not request the return of the amounts collected by David Sánchez during his time as a civil servant at the Badajoz Provincial Council. As the only party entitled to request it, the court could not order it on its own initiative. Thus, the convicted man will keep the salaries he received while holding a position created to measure, with no real duties and documented absenteeism.
A debate on the limits of cronyism
The case has peine the debate on the boundary between legal nepotism and incivil corruption. While some argue that the ruling shows the legal system does not punish cronyism, only administrative illegality, others believe the lack of financial restitution empties the conviction of meaning. The prosecution's decision not to claim the amounts received has been the trigger for the controversy.
The baffling fact: the convicted man will not have to return a single euro of what he collected during years of tolerated absenteeism.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (10 replies).
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