Court Decision Overview
The Lisbon Court of Appeal (Tribunal da Relação de Lisboa) ruled on Friday that while Ricardo Salgado suffers from Alzheimer's disease, he is not at the level of incapacity he claims. This assertion was labeled as a "procedural strategy" by the judges.
Details of the Ruling
The judges confirmed Salgado's sentence of six years and three months in prison for allegedly corrupting former minister Manuel Pinho with a total of €4.9 million between 2005 and 2009. They noted that despite Salgado's mental health condition requiring care, he does not meet the legal criteria for incapacity.
Examination Findings
In their ruling, the magistrates referenced examinations conducted in September 2023 to support their conclusion. They stated, "This is a legitimate procedural strategy that Salgado has chosen, even if advised by his legal counsel.
Legal Defense and Human Dignity
The court considered Salgado's defense claim that he lacks the ability to fully understand and participate in the trial, emphasizing that there was no violation of human dignity principles. If convicted, Salgado's defense requested a suspension of the sentence, which was denied by the court as it was not demonstrated that he is in a state akin to being unaccountable.
Additional Sentences
The court also confirmed a 10-year prison sentence for Manuel Pinho and a 4-year and 8-month suspended sentence for his wife, Alexandra Pinho, related to crimes of corruption, money laundering, and tax fraud.
Next Steps
Manuel Pinho has announced his intention to appeal, while Salgado's attorney, Francisco Proença de Carvalho, declined to comment on the ruling. The initial decision was made by the Central Criminal Court of Lisbon in June 2024. Notably, the ongoing investigation into excessive electricity tariffs does not involve EDP directly but includes accusations against the former minister. Pinho has been under house arrest since December 2021, while other defendants remain free.
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