This Thursday, the Court of Justice of the European Union (CJEU) gave a positive opinion on the transfer by Spain to Portugal of the person responsible for the Philatelic Forum scam, Francisco Briones, so that he could serve the sentence to which he was sentenced. .
Francisco Briones Nieto, a Spanish national serving a sentence of 11 years and 10 months in prison in Spain for fraud, was also sentenced in Portugal to six years and six months in prison for the offense of qualified fraud.
Briones was responsible for the Philatelic Forum, creating a fraudulent pyramid system in both countries, but, as the CJEU said in a statement, “the facts covered by the Spanish and Portuguese decisions are not identical.”
The Spanish national audience questioned the European court about its interpretation of the law in the failure to comply with a European arrest warrant issued by Portugal, deciding that the sentence imposed in that country would be served in Spain, saying that the facts for which he was convicted were identical.
The CJEU considered that “although the mode of activity was identical, the activity was carried out through different legal entities.”
They also considered that the fraudulent activity continued in Portugal after the opening of the investigation procedure and the cessation of the activities in Spain.
The European Arrest Warrant was sent by Portugal in 2021, when Francisco Briones Nieto was already serving his sentence in Spain.
Author: Lusa
Source: CM Jornal
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