Authorities in Alicante County Court Rule on Embezzlement Case Involving Orphaned Nephews
In a case heard by the Alicante County Court, a woman from Sant Joan d’Alacant faced a nine-month prison sentence after being found guilty of embezzlement connected to funds intended for her two underage nephews. The money, totaling 148,000 euros, was allegedly diverted for the personal benefit of the accused. After the children were orphaned, they were placed under the caretaker tutelage of their aunt, with the payment arrangements subsequently scrutinized by the court as part of the proceedings.
The sentencing decision was issued by the Tenth Chamber following a compliance agreement reached with the defense and the special prosecutor’s office. On behalf of the injured parties, lawyer Gracia Carrion acknowledged that the nephews, who have since reached adulthood, were each awarded 80,000 euros as compensation, a portion of the funds allocated before the trial began. The outcome underscores the court’s attempt to restore some of the financial harm suffered by the two siblings who were cared for by their aunt after losing their parents.
According to year-by-year records, the nephews were 13 and 17 years old at the time their parents died—the father in 2009 and the mother in 2013. After those losses, they went to live with their uncle under his custody for a period of years, with the court detailing how the funds were managed in the ensuing years.
Judicial findings indicate that between 2013 and 2019, approximately 148,027 euros were handled in the name of the nephews. The court noted a sequence of cash withdrawals and bank transfers from accounts associated with the nephews, with many transactions appearing to benefit the accused. The financial record also shows allocations that reached the minors directly or through related accounts controlled by those responsible for their care.
Specifically, the record shows two separate streams of income for the nephews: an orphan’s pension totaling 109,181 euros, plus other family-derived sums including 12,600 euros from their grandfather and approximately 40,000 euros from their mother. An additional 170,000 euros arose from the sale of property following the grandfather’s death, further illustrating the complexities of the family’s financial situation at that time.
By the end of February 2019, the court noted that the accused effectively controlled both individual and joint accounts belonging to the nephews, a situation that ended when the authority over those accounts was revoked. Throughout the proceedings, prosecutors documented the spending attributed to the nephews and the expenditures of the family, tallying about 3,328 euros in documented disbursements attributable to the accused and a broader monthly family spending average of 80,051 euros between 2013 and 2019.
The panel of judges adopted a cautious approach, ensuring that the punishment and the civil restitution aligned with the severity of the embezzlement and the age of the minors at the time of the alleged offenses. The decision also reflects the court’s broader mandate to protect vulnerable family members and to restore financial equity for those harmed by malfeasance in guardianship arrangements. The execution of the sentence was postponed for two years, contingent on the condition that the accused commit no new crimes during that period. If a new offense were to occur, the deferred sentence would be activated immediately, subject to applicable legal standards. The ruling thus places emphasis on rehabilitation, deterrence, and restitution within the framework of Spanish criminal and family law. (Source: Alicante County Court records, reviewed by the court’s administrative oversight team; subsequent commentary provided by the prosecutor’s office and the defense counsel.)