HE José Luis Pascual Martín, magistrate of Elche Criminal Court Number Oneannounced his decision upon the criminal complaint filed by the prosecutor’s office “Save Elche 1923” platformblamed here Former Elche CF president José Sepulcre and former general secretary Antonio RocamoraIn Elche club’s accounts for the season 2013-2014.
This platform is available through the Ministry of Finance. A 36-month repression was requested for two former leaders of the Franjiverde unit, alleging accounting irregularities alleged differences between payments recorded with transfers and cancellations of funds from the club to the Elche CF Foundation prior to accounting adjustment.
In the decision available to this newspaper, the judge understands: all these possible irregularities have not been sufficiently proven and remember: “A crime is committed when accounts are falsified in a way that causes economic harm.” At the same time, the magistrate of the Elche Criminal Court Number One draws attention to the statement “supporting the accusation formulated by the Public Prosecutor’s Office in the light of the foregoing, which is attributed to irregularities or errors in the provisional financial statements of Elche CF.” , These are not considered serious in any way and do not require criminally relevant action, especially given that Elche CF’s annual accounts are not prepared by Elche CF managers. Approved by the Board of Directors and audited by the Elche CF auditor.”
In addition to all this, it also states that the “possible crime” incident, which was filed a criminal complaint by the Public Prosecutor’s Office and attributed to the defendant, is a deliberate crime, and therefore, any material damage that may occur to the same person is also “committed deliberately”. Against the company or one of its partners (which has not yet been confirmed), against irregular or unrealistic accounts, There must be intentional harmand in the current situation, Although there are some irregularities reflected in the expert reports, it cannot be said otherwise that these were produced with the aim of harming the managed organizations or their partners.”.
The judge also explains in his decision: “Expenses specifically related to bonuses awarded to Elche CF players, which remain to be calculated while BDO visited Elche CF for some time 1,530,670 Euros were accrued and credited, the existence of an error in the cash balance was also corrected and corrected“In addition, the fact that the club made cash transactions as a result of the sales made in the Elche CF club store as well as the execution of season ticket and ticket sales campaigns cannot be based on the existence of damage.”
For all these reasons, the court understands: “ did not reach the level of certainty required for conviction for the offense under investigationConsidering that there is insufficient evidence of accounting or document fraud and that any errors or irregularities that may occur are intentional by the defendant. For all this, The evidence on record is not sufficient to convict the defendant.Because, from a technical point of view, there is no evidence from which incriminating elements can be derived that are effective in refuting the temporary presumption of innocence that protects all people according to the doctrine of recurrent and peaceful jurisprudence, which requires acquittal. is charged with all positive statements.”
Finally the judge In its decision, José Sepulcre Coves and Antonio Rocamora decided to “acquit” Mateo.