The Criminal Court number 8 of Malaga has agreed that a trial be held against the former administrator of the promoter Aifos, Jesús Ruiz Casado, for a punishable insolvency offense, accused of allegedly passing assets to another company, of which he was also owner, to avoid embargos. Thus, it dismisses the defense’s claim that this case was res judicata.
The magistrate suspended the trial last April to study the previous question posed by the lawyer of the accused on which this case was res judicata, since an investigating court dismissed similar facts on the grounds that they had no criminal relevance; soliciting the lawyer therefore “the immediate file” of the current procedure.
Now, through a car, to which Europa Press has had access, the judge dismisses the exception of res judicata, on having understood that the requisites are not met, since there is no identity of subjects, because each process has “different prejudices” ; nor of object, since the credit rights supposedly violated “are totally different in each case”.
Another thing, the magistrate points out, is that the facts that are seen in this case “are atypical or not all the elements of the type object of accusation are duly accredited, as the fiscal ministry has been maintaining”, but adds that this “inexorably demands the celebration of the oral trial “, which has already been suspended several times and which at the moment has no date.
In this case, which has had more than eight years of education, the prosecution is carried out by Law Firm 57 on behalf of its clients, who requests Ruiz Casado four years in prison for allegedly transferring to another company, of which He was also an administrator, a total of 138 farms. For its part, the Malaga prosecutor initially does not accuse.
The private accusation in this case, directed by the lawyer Carlos Cómitre, in representation of a marriage that bought a house from the promoter, who never received, considers that the goal of Jesús Ruiz Casado to carry out this transfer was to “hide” the creditors of Aifos, which went into liquidation at the end of 2014, those assets and avoid legal actions on them.
According to the lawyer’s brief of preliminary findings, the defendant “designed and orchestrated an apparent dation operation in payment” of 138 farms worth 17.2 million euros plus VAT to another company of which he was also an administrator. It is specified that most of these were free of charge, “against the remaining assets of Aifos, which was mortgaged” for the most part.
In this way, it is indicated in that document of the private accusation, to which Europa Press had access, that these assets “were hidden from the creditors, preventing them from being subject to enforcement and persecution procedures in the more than 400 lawsuits filed against them. Aifos before the intended donation was orchestrated in payment “.
Among the farms was, as stated in the initial conclusions of that accusing party, “the right to fly over the ground floor of three blocks of the Terrazas de Torreblanca promotion”, in the Malaga town of Fuengirola, whose freezing order was ordered by a court, although it could not be blocked by that dation in payment.
This part considers that this right of assigned flight “only has real value within the Aifos heritage, since it refers to one of its constructions already made”, reason why it concludes that “the transfer of the same for free can only hide a clear intention to avoid, precisely, its seizure by the creditors “of the promoter.
This case was filed twice by the court, but the Court decided in March 2014 to reopen it, considering that, although the embargo had not yet been ordered when the dation occurred, at that time “about 400 complaints had already been filed against Aifos “, so” it was foreseeable that the insolvency situation that led to the contest would occur “.
The private accusation affects the approach put forward by the Court in that the creditors saw the payment of their credit rights as “difficult” with the actions of the accused and “were forced” pending what is resolved in the insolvency proceeding which possibly would not have happened if the transfer of assets had not occurred. “
For this reason, this party considers that the facts correspond to a punishable insolvency offense, for which it is requested that Ruiz Casado be sentenced to four years in prison and a 20-month fine. In addition, it is requested that these two buyers be compensated with the amount of 69,000 euros, a figure for which they were listed as creditors in the Aifos tender.