Koldo García, who was an advisor to the former socialist minister, along with Ábalos himself, were admitted to provisional prison in the Soto del Real prison on November 27. Today is the first time both have left the penitentiary center for a few hours.
Koldo and Ábalos were deprived of their liberty due to an extreme flight risk, as argued by the Prosecutor's Office and as recorded by Magistrate Leopoldo Puente in his order for provisional imprisonment, subsequently confirmed by the Appeals Chamber. The main piece, known as the "mask case," begins its final phase today, that is, the preliminary hearing of the upcoming trial, also called the preliminary hearing.
Let's remember that this investigation indicates that the businessman and alleged commissioner, Víctor de Aldama, along with Koldo García, would have taken advantage of the socialist former minister holding his portfolio to form a group with which to enrich themselves through the supply of masks in the midst of the pandemic. According to the investigation, the company Soluciones de Gestión delivered sanitary material to the public administration; however, the awarding of the public supply contract would have been allegedly granted in exchange for the payment of bribes. The prison sentences requested in this case are high. Anticorruption requests 24 years in prison for Ábalos, 19 and a half years for Koldo, and 7 for Aldama.
The popular accusations, under the legal direction of the Popular Party, go further and request 30 years in prison for the former socialist minister and his advisor, however, for the businessman they maintain the same sentence of 7 years. These high requests not only justify provisional detention, but, in case of conviction, could translate into decades in jail.
The truth is that provisional detention, justified by the risk of flight, will predictably be maintained during the trial, during the court's deliberation period, and until the day the sentence is known. Furthermore, unlike the National High Court, the Supreme Court's sentences are not subject to ordinary appeal.
Today Ábalos, Koldo and Aldama have been summoned. But why are they appearing before the high court if there is no trial yet scheduled? We go back to the typewriter to tell you.
The preliminary hearing, the step before the trial
Article 785 and following of the Criminal Procedure Law (LECrim) detail the steps to follow in this act.
The defense may raise, when they deem it appropriate, the nullity of proceedings, the violation of fundamental rights, or the nullity of proposed evidence. The assistance of the accused along with their lawyers is always required, although progress could be made on certain points if they did not appear.
It is a key hearing for the defenses, as it constitutes the last opportunity to avoid the trial. Furthermore, if they deem it convenient, the parties can request a conformity judgment, that is, to acknowledge some points or a large part of the indictment. In short, it is a procedural act that orders and shapes the future trial of the mask case.
It should be noted that Cerdán requested to appear in it, but the high court did not consider it pertinent and it should be taken into account that he is not being prosecuted in this case.
The Prosecutor's Office, to a very high percentage, grants credibility to Víctor de Aldama's statements, which may, inevitably, drag down Ábalos and Koldo. Furthermore, the alleged commissioner, in his defense brief, considers some of the Prosecutor's arguments proven, seeking at all times an agreement and to avoid prison.
