The question we're asking ourselves is: *Will Ábalos remain in prison?* And it's that **next Thursday the situation of the former socialist minister could change**. Let's remember that in November his admission to Soto del Real prison was approved, along with that of his former advisor **Koldo García**. All of this stems from the investigation, now practically at the doorstep of trial, of the mask scheme, the original one – we could say – in other words, of that entire **judicial entanglement**. Be careful, because for this procedure, the Prosecutor's Office and Anticorruption are asking for 24 years in prison. On the other hand, the **Popular Party**, which leads the popular accusations, goes a step further and asks for up to 30. What will we see this coming Sunday? Well, the Supreme Court deliberates and listens to the parties, that is, the popular accusations, the Public Prosecutor's Office, and also the defense, to assess whether that extreme risk still exists, as the Supreme Court accepted the Public Prosecutor's Office's argument, to keep Ábalos deprived of his liberty and avoid that extreme risk of flight. **Here, it must be taken into account that the situation of former minister Ábalos is very different from that of Víctor de Aldama. And it is that Víctor de Aldama**, when he entered prison, the one known as the commissioner, we were in an investigation phase and it could be argued that the risk of the procedure was any type of destruction of evidence. Now, when we talk about a flight risk, it is most likely that, if the former minister's release is not accepted, the Supreme Court will consider that this extreme flight risk is maintained until we know the sentence. That is, not until the trial is held, but beyond. **In the event of an acquittal, he would be released practically immediately, but otherwise, the sentence would be executed and the time he has been deprived of liberty, as provisional detention, would be deducted from the final sentence.** We are comparing months with long years in prison, if that were the case.
What is the 'mask scheme'?
The 'mask scheme' is the original investigation, or so we can call it, within that judicial entanglement in which the former minister Ábalos, along with Koldo García – his former advisor – and Víctor de Aldama are currently being pointed out in the indictment documents as a group that, when the former socialist minister took office, profited. And how did they profit? They profited through the payment of commissions for the arbitrary awarding of contracts for the supply of masks at the worst of the pandemic. Therefore, the crime here. **Specifically, the criminal act is not profiting from the sale of masks, but the arbitrary awarding of mask supply contracts.** The company, which is also in the spotlight, is *Soluciones de Gestión*, which was linked to Víctor de Aldama. And anticipating scenarios, and taking into account that the trial will practically be scheduled in the coming months, both Ábalos and **Koldo** deny the main accusation; they even go so far as to describe the words of the Public Prosecutor's Office – Anticorruption – as "fables" in their defense filings. They say they are innocent. However, we have seen **Víctor de Aldama** with a procedural strategy that has been maintained both in the investigation, led by the well-known criminal lawyer José Antonio Choclán, of cooperating with justice to reach an agreement. We also saw it in other major proceedings, such as Gürtel, where these agreements were sought by accepting Anticorruption's account of events. Well, Aldama accepts a large part of this account of events, which means that this could benefit him in a certain way, since, although seven years in prison are requested for him, that sentence could even be reduced. **However, there are other points that Aldama does not accept, but the truth is that this could inevitably drag this acknowledgment of facts, both for Ábalos and Koldo, to long sentences.**
Most likely: Ábalos will not leave prison
We don't know to what extent the defenses have full communication with each other, which we will be able to see when the accused are interrogated on the stand. In this regard, we may see an account of events that is absurd from one to another and bears no resemblance, but ultimately, the only thing that can sustain a prison sentence is sufficient evidence to set aside the presumption of innocence. In summary, we will see what happens, but the date that, without a doubt, the former minister Ábalos and his circle have marked on their calendar is this Thursday, because, after all, he is exercising his right to defense **and, although it points to a difficult release, anything can happen in judicial proceedings as long as it is contemplated by law.**
