Administrative prevarication

The Supreme Court (TS) confirms the conviction of a mayor and other individuals for irregularly awarding, verbally and without any legal procedure, a million-euro public works project for the construction of a sports center in a municipality in the Region of Murcia.

In short, in 2003 the mayor decided directly to commission the construction of the sports center to a company without following any legal procedures, there were no contracting documents, public tender, or budget allocation. Additionally, the awarded company subcontracted the entire project, which was also not allowed according to regulations. But the most serious issue arose when the project was completed, in 2004, all sorts of false documents —contracts, certifications, minutes— were created to make it seem like everything had been done legally in order to pay for the project and receive public subsidies.

The case went to court, where the Provincial Court convicted the mayor of prevarication and document forgery. The mayor appealed to the TS arguing that there was no unjust decision because the project was approved later and the documents were signed correctly, insisting that it was only administrative irregularities. However, the TS considered that what happened was much more serious since a written decision was not necessary, it was enough for it to have legal effects and be knowingly unjust. Furthermore, it emphasized that the documents were prepared afterwards, with the full intention of deceiving and obtaining public funds improperly. Thus, the TS rejected the appeal and confirmed the conviction for all those involved.

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