When should they stop counting?The interests of an economic claim in a procedure? When is the amount claimed by the court delivered or when is it returned to the presumably damaged administration? The doctrine of Court of Accounts is that it must be in this second moment and that difference, which in the case of the sentence for the consultation of November 9, 2014 (9-N) is one year, represents a substantial reduction in the amounts to which the former president Arthur More and the ‘former minister’ Francesc Homsamong others, had to pay interest, legal sources informed EL PERIÓDICO DE CATALUNYA.
The Chamber of Justice has deliberated this Monday the appeal presented by Homs to try to reduce the sentence imposed based on when the interest should stop being applied. According to the defendant, these should have ceased at the moment the amount claimed was consigned, in July 2019, when the first sentence of the Court of Accounts took place. The doctrine of the court, which has now been ratified, on the other hand, is that it must be done when the administration allegedly damaged, in this case, the Generalitat, is returned the amount that corresponded to it, because the consignment was made in a precautionary manner, since that it was still possible to file appeals.
The resolution, for which the counselor Maria Rosario Garcia Alvarezand has had the support of the prosecution, explains that after the request of the investigating delegate for the parties to state the nature of the payment or guarantee of the consignment, “they stated that It was not a refund but a guarantee”. And this can be appreciated because they all appealed it even in cassation before the Supreme Court. This guarantee or precautionary nature does not imply a payment, so the interest continues to run.
The State Legal Services argued that through this appeal a review of what was resolved in a final judgment cannot be sought, but only a decision on whether the liquidation of interests practiced and claimed from the appellant has been legally correct in execution of that sentence. firm.
Conviction in 2019
In July 2019, the Chamber of Justice of the Court of Accounts slightly raised the expenses of 9-N, and this meant a small increase in the millionaire amounts that the counselor Margarita Mariscal de Gante had ordered to return to the ‘former president’ of the Generalitat Artur Mas, the ‘former ministers’ Francesc Homs, Joana Ortega and Irene Rigau, and six other senior officials from that Government.
The accounting supervisory body added 41,831 euros to the amount for which they had initially been sentenced for organizing the consultation on November 9, 2014, which was set at 4,988,620.11 euros, instead of the 4,946,788.16 euros of the first sentence.
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The Third Chamber of the Supreme Court considered that the challenges presented by Mas, Homs and the exalted officials of the Generalitat Josefina Valls, Jordi Vilajoana, Ignasi Genovés, Jaume Domingo and Teresa Prohias, also sentenced, did not meet the appeal interest necessary to process them, therefore that the judgment of the Court of Accounts became final with that last amount plus the corresponding interest.
The circumstance occurs that Mas and Homs are also prosecuted in the procedure that is currently being followed by 1-O and the foreign action of the Government together with 30 other people, such as the former Catalan president Carlos Puigdemont or the president of ERC, oriol junqueras.