The National audience has determined that a neighbor in the south of Tenerife receive compensation of 4,000 euros after having spent a year in jail despite not having a criminal record and being innocent of the charges of money laundering and illicit association with which he was charged.
This citizen is the son of RC, another of the involved in an alleged mafia plot and of which he was also acquitted.
In his case, a compensation of 10,000 euros was recognized, of which he has not seen any amount because the money was used to pay debts with the Social Securitysince during the years in prison it was impossible to pay them.
In this alleged plot 21 people came to be accused who were finally acquitted and each of whom weighed a 10-and-a-half-year prison request.
He defended his innocence
Suspicions pointed to the investments in the construction of a tourist complex in Adeje, called Marina Palace, came from laundering operations and hashish trafficking.
But finally it was shown that it did not exist “not even a quantifiable forecast of the allegedly laundered money”.
This news had great importance in the media, including national, during those years
In the case of this citizen who will be compensated, initially the Ministry of Justice rejected his claim for financial responsibility so that he would be compensated for remaining in jail between the end of 2011 and December 2012.
From the first moment defended his innocence and so it was ratified in an acquittal sentence issued four years later.
Related to criminal organizations
Then he demanded that he be compensated with almost 64,000 euros, plus interest, of which 2,000 would correspond to the moral damage suffered by not being able to leave the national territory, another 16,000 for not being able to use his bank accounts, 6,000 for having entered a penitentiary center of Madrid and Salamanca far from his family environment in Tenerife and the same due to the seriousness of the accused crimes.
And it is that during the instruction he was associated with criminal organizations or mafia clans that were supposedly located in an urbanization of which his father was president.
He also asks to be compensated with another 12,000 euros for the public repercussion of his arrest.
Even after his provisional detention was decreed, he was forced to appear monthly in court until the trial in 2016.
Years ago, the Constitutional Court modified the legislation and imposed new conditions to compensate all those who suffered preventive detention unfairly.
Specifically, it established that those who were acquitted or a free dismissal order would have this right, provided that damages had been caused.
The Constitutional Court concludes that it is not possible to differentiate between those who are innocent due to acts that never existed and those who have been released due to lack of evidence.
Despite recognizing that in this case the damages derived from the deprivation of liberty are already a cause of non-pecuniary damage, aggravated by the distance from his home in Tenerife, withdrawal of the passport and bank limitations, the compensation is limited to 4,000 euros for all items. .
