El Juzgado de lo Penal numero 23 de Madrid ha rectificado su sentencia inicial, la ha aclarado (como se denomina en términos jurídicos), para aumentar la pena de prisión responsabilidad civil de Jaime Botín, ex presidente de Bankinter por un delito contra el patrimonio histórico (art. 321 y ss. CP) en relación con el 298 CP por contrabando de un cuadro de Picasso.
Se trata de a obra «Cabeza de mujer joven», valorada en 26 millones de euros y por la que la magistrada Elena González Bayón condenó a Botín a una pena de 18 meses de prisión y 52,4 millones de euros en concepto de responsabilidad civil. Posteriormente la magistrada procedió a aclarar el fallo de la sentencia y estableció la pena en 3 años y un día más una indemnización de 91,7 millones de euros.
La operación trataba de sacar el cuadro de España y venderlo en Reino Unido y durante la vista la Jueza entiende que quedó probado que Jaime Botín era conocedor de que el Gobierno le había prohibido sacarlo de territorio español, por lo que sería un delito doloso.
Ahora cabe esperar el recurso de apelación que están preparando sus abogados y el futuro fallo de la Audiencia Provincial de Madrid sin perjuicio de una eventual intervención del Tribunal Supremo, en su caso.
Imagen: Vanity Fair.
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