Sidney Oliveira and Mário Otávio Gomes were released on Friday afternoon
Summary
Sidney Oliveira, of Ultrafarma, and Mário Otávio Gomes, of Fast Shop, were released after paying a deposit of $ 25 million, in an investigation into MP-SP on the corruption system involving tax inspectors.
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Sidney Oliveira, owner of the Ultrafarma Pharmacy Network, and Mário Otávio Gomes, Executive Fast Shop, were released from prison on Friday afternoon, 15, with some precautionary measures. Among these, the payment of bailing of $ 25 million has attracted attention.
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In the decision, the judge of the Court of Justice of San Paolo explained that he considered the “very high economic power of the defendants, as well as the concrete gravity and the probable damage to the public coffers”, to enter into the value. The deadline for payment is five days.
Where do this money go?
The guarantee can be considered a sort of security, as it will only be used if the suspicion is considered guilty by the court.
In theory, the deposit serves to pay fines, procedural expenses and indemnities. It can be made in cash or even through objects, and depends on the police or the legal authority to observe the severity of the crime and the economic situation of the investigations.
With the payment of the deposit, the suspicions continue to respond to the trial in freedom, but with the fulfillment of other precautionary measures. The destination of the amount of the deposit varies according to the conclusion of the process, as explained by the National Council of Justice (CNJ).
When the accused is acquitted, the money filed is returned with appropriate monetary updates. Now, in the event of a conviction, the deposit pays a fine, procedural expenses and compensation. In the event of an amount, it is returned to the prisoner with adequate corrections.
However, there is also the possibility of violation of the deposit, when the accused commits some of these irregularities: the act of the trial cannot appear without a fair reason, practice an act of obstruction of the process, practice a new intentional criminal offense, resists without justification in the order of the court or a violation of precautionary measure.
In this case, there will be the loss of half of the amount deposited. Therefore, after the reduction of judicial expenses and other accusations, the rest is intended for the National Penitentiary Fund of the Ministry of Justice (Funpen), which approves resources and means to support the improvement of the prison system.
The most serious case is when the prisoner does not appear to start the phrase, which translates into the total loss of value. Once again, what remains of the discounts is intended for Funpen.
See which other precautionary measures imposed:
- Monthly frequency in court to justify the activities
- I cannot attend buildings relating to the finance secretariat
- Impossible to maintain contact with investigations and witnesses
- He cannot leave the district without a previous communication
- They must be in their homes after 20h
- Use of electronic monitoring
- Must deliver passports to court
Sidney Oliveira and Mário Otávio Gomes were arrested last Tuesday 12, in an operation of the public service of San Paolo (MP-SP) against a corruption system involving the tax auditors of the Department of inspection of the State Secretariat of Finance.
According to the MP-SP, the investigation was conducted by the group of special actions on the repression of economic crimes (Gedec), which identified a criminal group responsible for promoting retail sales companies in exchange for improper advantages.
The investigation stressed that the regime operator appointed the main operator has manipulated an administrative procedure to facilitate the regulation of the tax credits to companies. In return, he received monthly payments for the envelope through a company recorded on behalf of his mother. The investigation stresses that the inspector received over $ 1 billion in bribes.
“The operation is the result of months of investigative work, with the analysis of documents, breaks of confidentiality and interceptions authorized by the Court,” said the parliamentarian.
The people under investigation can be responsible for active and passive corruption crimes, criminal organization and money laundering.
In a declaration, Ultrafarma said that it is collaborating with the investigation and that the innocence of Sidney Oliveira will be demonstrated during the education.
Source: Terra
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