The Court of Matosinhos acquitted on Thursday the former mayor Narciso Miranda who was accused of embezzling money from a mutual association. The acquittal, however, was marked by some controversy, at least for one of the crimes for which Narciso Miranda was accused.
The judge gave as proven by some of the facts of the crime of participating in business, but the Public Ministry (MP) not mentioned in the indictment is true that equip Narciso Miranda public official and only those employees can be convicted of that crime, as established in the Penal Code. The information was confirmed by the PUBLIC lawyer of former mayor, Artur Marques.
The Public Ministry (MP) not stated in charge order that the Association of Mutual Aid Custóias has the quality of public service institution is thus registered with Social Security. And this fact depended to equate the former mayor to a government official. The court had earlier tried to remedy the situation through a substantial amendment of the indictment, which was caught by the lawyers of the accused, including Narciso Miranda opposed the change.
He was concerned embezzled 17,500 euros. The prosecutor, who will appeal the decision, you can start new proceedings to resolve this failure, but Narciso Miranda could also argue that it was already tried and acquitted by these facts.
The judges also acquitted an architect, daughter Narciso Miranda, and sentenced a former member of this to a suspended sentence of six months in prison for forgery.
“It was a fair decision and is a very extensive judgment and technically well-founded” considered the lawyer Artur Marques.
The MP accused Narciso Miranda, who for 29 years led the Council of Matosinhos, for simulation of crime, embezzlement and economic subterfuge in business. In 2011, while leading the solidarity association in which, supported the MP would have set up a scheme to appropriate € 17,500, Narciso Miranda had also reported to the police the theft of an iPhone 3GS that has never ceased to be in his power.
The daughter of Narciso Miranda (which included the management of a company), and a third defendant convicted, manager of a company, were accused of forgery, aggravated fraud, embezzlement and economic subterfuge in business. The only defendant sentenced in this case was manager of Egusalis company, branch company providing cardiology exams services.
The court stressed that Narciso Miranda agreed with the former partner of daughter simulate the provision of services the mutual tasks that never intended to be provided and the purpose of which was the illegitimate enrichment.
The business simulation damaged the association at € 17,500, however, the judges did not give as evidence that Narciso Miranda has appropriate the money.
It was the president of the Assembly of Mutual Aid Association Custóias who denounced Narciso Miranda, when, after the departure of former mayor, an internal audit March 2011 revealed numerous irregularities. With Lusa
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