Why won't Shakira go to jail if she has been sentenced to three years in prison?

Shakira has reached an agreement in accordance with the accusations and has accepted a sentence of three years in prison and the payment of a fine of 7.3 million euros. Furthermore, to avoid going to prison, she has agreed to pay an additional 432,000 euros. According to the written agreement signed between the parties, “it is appropriate to impose prison sentences of six months on the accused for each of the six crimes.” In total, they amount to three years in prison. At the same time, she is sentenced to pay a fine of 50% of each of the six defrauded installments, the total amount of which amounted to 14.5 million euros.

And why in this case has it been possible to replace the prison sentence with the payment of a fine if the sentence exceeds two years in prison?

In this case it has been possible to exchange the prison sentence for a fine because the penalty for each of the crimes individually does not exceed one year in prison. The penalty imposed is six months in prison for six crimes, with none of these exceeding the minimum one year, which according to the old Penal Code, which pertains to this case, could be replaced by a fine. In addition, his entry into prison is suspended for two years with the commitment that he will not commit a crime again.

Are there precedents?

One of the recent ones was the conviction of Gemma Montull, who was financial director of the Palau de la Música and who was sentenced to four years in prison for the looting of the cultural institution, although it was commuted to work to benefit the community. . He received a four-year prison sentence for the crimes of embezzlement of public funds and misappropriation, influence peddling and money laundering, but the sentence was suspended considering that he lacked a criminal record and that the three sentences imposed for each of them were crimes did not exceed two years in prison.

Does it invalidate the rest of the pending cases?

This compliance agreement does not invalidate the rest of the cases that Shakira has pending with the Spanish justice system for alleged tax fraud. The artist, who has a contentious administrative process open in the National Court for tax fraud in the year 2011. In a statement, she recalled that she had to pay 60 million euros for that case, which she describes as “nonsense” because that year I was not even close to being a Spanish resident. And at the same time, she has another court case pending for another complaint from the Prosecutor’s Office for having allegedly evaded 6.6 million euros in the 2018 financial year.

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Peggy McColl

Mentor l NY Times Bestselling Author. Hi, I'm Peggy McColl, and I'm here to deliver a positive message to you!

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