Solicitud de la Junta Directiva para que SAS sea considerado como civil subsidiario en contrato de Cádiz.

The lawyers of the Andalusian Health Service (SAS) requested the Third Instruction Court of Cadiz as «a possible person responsible for the branch in the case of the awarding of contracts by this agency.» This information regarding the individual is dated March 17 and represents the second step in the procedure in this instruction adopted by the Andalusian board in just one week.

On the 10th, the head of the Third Instruction Court of Cadiz, Rosa María García Jover, accepted the individual «as injured» before the request made by the regional administration in this regard. SAS lawyer María Angustias Moreno states in her submission that this lawyer was aware of the actions related to the previous procedures indicated in the section, which are personally approaching through the written submission, on behalf and representation of the Andalusian Health Service, as a possible subsidiary civil liability.

The regional lawyer asks the judge to «serve him to admit it,» and from this moment, his legal status is this new subsidiary civil approach, because he says that the «successive procedures» are understood with him, in addition to providing the judge of the Provincial Legal Consulting Directorate of the Andalusian Health Service «for notification purposes.»

The Penal Code defines in its Title V the civil liability derived from crimes and procedural costs. In Article 121, it states that «the state, the autonomous community, the province, the island, the municipality, and other public entities, depending on the cases, respond subsidiarily to the damages caused by the malicious or culpable offenders, when they are authority, agents, and employees by the same or civil servants in public services or public services. Direct the operation of public services.»

«If the civil liability of the authority, agents, and contracted by the same public officials, the request must be directed simultaneously against the administration or the public subsidiary entity,» continues the Penal Code in this provision. In Article 126, it states that «payments made from the fine or the civil branch» will be directed, among other aspects, «to the repair of damages and compensation for damages.»

This request from SAS for the individual to be considered a civil branch in the Cadiz case was raised at a press conference, following the meeting of the Board of the Minister of Economy, Finance, European Funds, and the spokesperson of the Andalusian Government, Carolina España. When asked about this procedural step and its apparent contradiction between the request to be considered a subsidiary responsible party, España said, «we are calm» and «at no time is it contradictory.»

«From the Andalusian government, what we want is to always collaborate with justice, provide the maximum information available to clarify this situation as soon as possible,» said España, who made the decision in autonomous legal services, as well as the decision will be considered «the most appropriate and suitable.»

FUENTE