What is a civil bond and why does it apply?
Pablo Ruz notified yesterday to the parties in the Pescanova case a car in which he imposes a civil bond on ten individuals and six companies. It is an order for precautionary measures, which can be adopted prior to a trial. The document written by the magistrate himself recognizes that the case is in an “initial phase of the investigation”, something that the defense of Manuel Fernández de Sousa emphasizes to announce the filing of a petition.
Why is it adopted? The civil bond is set to exist, in the opinion of Pablo Ruz (rather by the criterion of anti-corruption prosecutors, who have marked the course of action of the magistrate throughout the process), indications of criminality, legal experts explained to FARO. From this trial could derive an economic responsibility of the accused, hence claiming the bonds.
Does it entail entering prison?
No. The civil bond, not to pay it within the period set by the judge (ten days, in this case) entails the seizure of the assets that are in the name of those affected. Several lawyers, representing the plaintiffs in the case, explained yesterday to this newspaper that they do not rule out claiming a criminal bail when the defendants testify, between October 15 and 17. This precautionary measure would entail, if adopted and be breached, the entry into prison.
Why ask for bail now?
The judge here applies what in law is qualified as “danger in the procedural delay.” That is to say, as it is estimated that the process can be delayed for a long time, it is intended to ensure that the accused and alleged subsidiary responsible respond with their assets. This type of measure is intended to prevent the ownership of the assets of the persons to whom a civil bond is requested from being changed.