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João Rendeiro admits to having been convicted in the main process of the Banco Privado Português (BPP), of which he was president, but does not want to be subjected to the effective prison sentence of five years and eight months determined by the Lisbon Court of Appeal in July 2020. In exchange, accept the “punishment” and a payment of 500 thousand euros, reports this Wednesday the Correio da Manhã.
The defense of João Rendeiro filed an appeal before the Supreme Court of Justice, in which it is proposed to end the criminal process with the accused accepting “the penalty but not in effective prison” and a payment of half a million euros to a community association (Crescer).
“The appellant admits sanction but not in jail itself, because he believes that there is scope for the suspension of the punitive measure applied, but in a more proportionate dosimetry criterion [como o entendeu a primeira instância]”, you can read in the lawsuit referred to in the Cofina newspaper.” The accused, to be convicted, must be sentenced to a penalty that, being ablative of freedom, is in a logic of legal accumulation between that applicable to the crime of computer falsification and that of document falsification, that of imprisonment within the limit of five years or less, in terms of granting the power / duty to suspend the sentence. “The defense of the banker admits that as a counterpart the condition for the suspension of the prison sentence could be aggravated,” set at 500 thousand euros ” .
“Take a case in hand with the profile of this [crimes informáticos e falsificação de documento] and to demand an effective prison sentence for the Justice to demonstrate that it is in line with the criteria of public censorship of what happens in the banking system is taking the balance of punitive prudence too far, which are the guiding criteria of a just sentence because it is provided“, alleges the defense of the banker.
It should be noted that João Rendeiro was sentenced in 2018 to five years and eight months in prison, in a court of first instance. for crimes of computer fraud and, also, forgery of documents that harm the AFF. At that time, he was also ordered to pay 400 thousand euros to an institution so that the sanction applied was not effective.
