The Court has prevented the defendants from using the ‘black’ cards Caja Madrid benefiting from the reform of the Penal Code which entered into force on July 1 to avoid going to trial, after the High Court has endorsed the argument put forward by the prosecution of ’15MpaRato’.
Depending on the platform, the Penal Code promoted by the PP could assume that the former directors of Caja Madrid and Bankia could avoid conviction by the Bankia case. Specifically, the defenses of some defendants claimed that the use of black card meant a diversion of money and misappropriation. Precisely the new code does not see crime of misappropriation when money is distracted rather than appropriate it, so in principle they could escape being held accountable for the costs incurred opaque cards.
However, the High Court has denied this possibility. In a ruling, the judges said that “the conduct alleged against the appellant continues provisionally qualifying deserving of misappropriation under the new Article 253 of the Criminal Code after the reform by Organic Law 1/2015”.
Specifically, the rapporteur, Carmen Lamela says that the ‘black’ card was delivered to Serrano “not owned, but precisely in custody, through which it was at their disposal a money from the bank, whereupon the accused to dispose of it beyond the use it had authorized “. Therefore both Serrano and the other directors would have been appropriate “in this way the fund entity”, to allocate to non-representation or “performance based” activities that have entrusted their expenses.