The period of one day agreed by the judge so that the former vice president of the Government, Rodrigo Rato, post the 65 million bond and avoid the seizure of your assets comes to an end. Both Rato and the twenty defendants in the case investigating the origin of the former minister’s assets must present their respective bonds this Monday, the total amount of which exceeds 220 million euros.
In his order to open the oral trial, known on June 2, the head of the Court of Instruction number 31 of Madrid, Antonio Serrano-Arnal, gave everyone one business day – counting from the moment they collected the notification, that is, last Friday – to proceed with the payment, or their assets would be seized. The purpose of the bond is to ensure possible civil liability in the event that a conviction is finally handed down.
Resources against bail
However, some defenses have already announced that they will raise this decision before the Provincial Court of Madrid not understanding the criteria followed by the court when setting these amounts.
And the fact is that, although the opening of oral proceedings is firm, as foreseen by the Criminal Procedure Law (LECrim), minor jurisprudence has been admitting appeals for personal precautionary measures, such as the amount of the bond.
Experts acknowledge that this is a controversial issue, but refer to judgments such as the one handed down in 2018 by the Provincial Court of Barcelona, which considered that the right to effective judicial protection “should lead to the admission of the appeal in setting the bond and its amount.”
According to legal sources consulted by Efe, the judge in the “Rato case” explained that the bail had been agreed based on the indictment presented by the Anticorruption Prosecutor’s Office, an end that the defenses deny, willing to appeal to a second instance.
In total, the magistrate imposed more than 220 million euros in bonds to all the accused; of that amount, 65.1 million must be contributed by Little while; 40.4 million for the lawyer Sunday Plazas, and 27.5 million for the former minister’s brother-in-law, Santiago Alarcó.
However, the court already ordered in September 2015, five months after the start of the case, the seizure of Rato’s assets, including his pension as former managing director of the International Monetary Fund (IMF), for 18 million euros, by not making the bail effective after being charged.
The last order of the judge leaves the former secretary general of Telefonica, Ramiro Sánchez de Lerín, with another of the highest amounts, 10.3 million, although its joint and several liability will be determined in execution of the judgment, with the declaration of the subsidiary civil liability of Telefónica.
For their part, each of the eleven remaining defendants will have to provide bonds worth 4.5 million, among them, who was Rato’s “right hand” at Bankia, Jose Manuel Fernandez Norniella, considered by the researchers “collaborator” of the former minister.
Also Alberto Portuondo placeholder image, supposed figurehead and whom the first indications pointed out as one of the architects of this plot, as well as the former personal secretary of the former vice president of the Government, Teresa Arellano.