The First Section of the Provincial Court of Navarra has sentenced two former employees of Itaroa cinemas to nine months in prison for each of them after having appropriated 89,070 euros between 2011 and 2013 from the collection of cinemas and ITRGES Services company store. The court obliges both to jointly and severally indemnify the company with the amount that they improperly appropriated. The sentence can be appealed to the Supreme Court and the mitigating factor of undue delays is applied due to the delay in judging.
the accused, a 41-year-old from Pamplona and another 33, had been working in these cinemas since 2005. One of them had even been a manager and another was in charge. The court states that “among her functions was the closing of the cinema stores, which consisted of checking the daily sales tally and the charges made and the tonnage of the boxes”.
It adds that “the defendants, previously agreed and with the intention of obtaining wealth, from January 2011 to October 2013, made payments to third parties through tickets with negative amounts thus squaring the boxes. Using this method, they appropriated 89,070.60 euros.
In October 2013, the defendants voluntarily requested sick leave, acknowledging owing each one 46,808.82 euros. Of said amount the settlement payment was deductedyes In the labor procedure in all instances it was declared that there was no defect in the consent of the accused when signing the acknowledgment of debt or voluntary resignation.
The Chamber settles that the facts constitute a continuing crime of misappropriation. “This is a crime against property that requires the active subject to receive money, effects, values that become illegitimate possession to the detriment of another,” says the sentence.
The Court concludes that three essential elements have been fully accredited: “the defendants had access to the boxes, keys to close and reopen shifts, access to the rest of the central computer and remains of POS terminals, and its function was to perform cash settlement and cash closing. In addition, they acknowledged making negative entries, discounts or cancellations between 2011 and 2013 and signed an acknowledgment of debt with the company together with the voluntary withdrawal of it.
WHATSAPP AS TEST
Although in the trial, the defendants affirmed that such discounts or cancellations “were carried out following, at all times, the orders given by the coordinating manager”, the Chamber says that “the whatsapps provided to prove itit is observed that they refer to percentages and some of them to discounts on movie tickets for a specific period of months, they did not refer to sales of menus and the like in stores“.
The Court highlights that in the labor process that ended in 2015 with the dismissal of both, there is a debt acknowledgment document “Clear, patent and evident that it cannot be assessed as the result of any coercion, since assuming the dilemma of signing the acknowledgment and dismissal or refusing to do so facing disciplinary dismissal and possible criminal consequences, it is an option that cannot identify with a threatinsofar as it does not imply the induction of fear of suffering an unlawful damage, but the mere warning of a justified right in the present circumstances, both in its managerial-disciplinary and criminal aspects”.