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Chiloeches Fire Trial Appeals: Analysis of Prosecutor’s Office and Convicted Appeals

It will analyze the appeals presented by the Prosecutor’s Office and by the convicted

The judgment of the trial for the Chiloches fire was known in April 2022

The Superior Court of Justice of Castilla-La Mancha (TSJCLM) will study on February 27 and 28 and March 1 the appeals presented to the sentence handed down by the Provincial Court last April in the trial of the registered fire, in August 2016, at a toxic waste recycling plant in Chiloeches (Guadalajara).

The Public Prosecutor’s Office has requested that the penalties of the owners of the waste companies convicted in this trial, such as Layna and Kuk Medio Ambiente, and some worker, be aggravated. However, it has not requested changes to the charges and former charges of the JCCM that were involved in the process.

In her appeal, the prosecutor considers that an aggravated subtype was not applied in the crime against the environment by the Court that should have been applied.

It also considers that a mitigation was improperly applied by considering that effective measures had been taken so that “that in the future could be committed with the media or under the cover of the legal person with respect to the conduct of the convicted legal person Grupo Layna SL and error in the assessment of the evidence due to insufficient factual motivation with respect to this modifying circumstance of criminal responsibility”.

The sentence handed down in April by the Provincial Court condemned five people related to the two waste management companies, such as Francisco Fernández García, Pablo Layna Calvo, Sergio Layna Calvo, Manuel Amador Layna Calvo and Juan José Gutiérrez de Loma. He considers them criminally responsible authors of a crime against natural resources and the environment.

Two companies Kuk Medioambiente SL and Grupo Layna de Residuos SL were also sentenced to pay compensation of 6.1 million euros to the JCCM, to the Tagus Hydrographic Confederation and to the current company that owns the land where the plant was located. of waste treatment.

In that ruling, the Provincial Court acquitted seven defendants of the crime of environmental prevarication, including politicians, technicians and workers from the waste company.

A macro trial that began on September 20 of last year and was seen for sentencing in December, after 45 marathon days, in which statements were taken from 18 defendants, 154 witnesses and 36 experts.

Chiloeches fire: the Court considers businessmen responsible but acquits politicians and technicians
This is how Kuk and Layna turned the Chiloeches landfill into a “powder keg”

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