The Supreme Court (TS) has confirmed this Thursday the sentence of eight and a half years of disqualification imposed on the former president of the Provincial Council of León, Marcos Martínez Barazón, for his participation in the Leonese branch of the 'Púnica' plot. The high court considers it proven that the provincial institution used an irregular procedure to award institutional advertising to the companies of consultant Alejandro de Pedro, circumventing the controls provided for in public procurement.
The Criminal Chamber has rejected the appeals filed by Martínez Barazón and by the other three convicted for a continuous crime of administrative prevarication. It has also dismissed the claims of the Prosecutor's Office and the popular prosecution, which sought to extend the sentences to crimes such as fraud against the Administration, document forgery, embezzlement of public funds, and bribery.
The sentence thus leaves firm the penalties issued in May 2023 by the National High Court (AN). Along with Martínez Barazón, the former general coordinator of the Provincial Council, Pedro Vicente Sánchez, and the former comptroller Manuel Jesús López Sánchez have been sentenced to eight and a half years of disqualification. In the case of Alejandro de Pedro, considered one of the main intermediaries of the plot, the penalty is set at four years and three months of disqualification.
Fractioned invoices to circumvent controls
The events date back to 2014, when the Provincial Council approved a series of monthly invoices of similar amounts, always less than 6,000 euros and processed urgently despite there being no need to justify such a procedure. The amount invoiced between May and October of that year reached 18,150 euros.
This system allowed services to be paid without calling for an open tender, requesting other offers, or allowing different media to opt for institutional advertising. The officials of the Provincial Council also incorrectly resorted to the doctrine of unjust enrichment to ensure that the invoices were paid immediately.
The Supreme Court maintains that there was a unilateral award contrary to the Public Sector Contracts Law and considers it sufficiently proven that the accused were aware of the procedure used. The resolution indicates that the institution made payments that should never have been approved in that manner and rules out that they were merely administrative defects without criminal significance.
The court maintains, however, the acquittals for the crimes that could have led to prison sentences. During the trial, it was proven that the advertising services were provided, while the accusations could not demonstrate that the invoices served to cover up personal reputation work or political advice for the provincial leaders.
Martínez Barazón had replaced Isabel Carrasco at the head of the Provincial Council after her assassination in May 2014. He was arrested months later, went through provisional prison and ended up expelled from the PP, although he subsequently managed to revalidate as an independent the Mayoralty of Cuadros in the 2015, 2019 and 2023 elections. He ended up leaving office at the end of 2023 after the electoral authority determined that his conviction made him ineligible.
Pedro Vicente Sánchez also remained for months at the head of the Puebla de Lillo City Council despite the conviction by the Audiencia Nacional. He finally left the Mayoralty in April 2024 after the Central Electoral Board demanded the execution of the loss of his status as councilor.
The macro-case continues with Granados at the center
The Supreme Court's ruling puts an end to the Leonese part of a macro-case opened in 2014 around a network of irregular public contracts that mainly affected administrations governed by the PP. The investigation was divided into numerous branches due to the variety of organizations, companies and political leaders involved.
The judicial journey of 'Púnica' now continues in other proceedings. The Audiencia Nacional has sent to trial the former Madrid councilor and former general secretary of the PP of Madrid Francisco Granados along with 40 other people for alleged irregularities related to the awarding of public land and certain works of the Madrid Metro. In that piece, dozens of companies also appear as civilly liable or participants for profit.
