Basque court upholds sentence over diesel taken for private car

The Basque High Court has upheld a one-year prison sentence for a Biscay town council worker convicted of embezzlement over municipal diesel. The ruling is not final and can still be taken to Spain’s Supreme Court.

The case arose on 10 August 2024. The worker drove his private car into the council works depot and put 89 litres of diesel in its tank. The fuel came from a pump reserved for council vehicles and was worth €119.26.

A jury at the Biscay Provincial Court found him guilty. The judge then imposed the prison term and a €546 fine. The worker was also barred from public office or employment for one year. He must repay the council €119.26.

Evidence and defence

Camera footage from the depot formed part of the case. The court said it clearly showed the worker driving in and filling the car. He also admitted what had happened during the trial.

The worker said he had sometimes used his own car for council tasks. He argued that the diesel made up for that use. Several colleagues and a senior member of staff told the court that filling a private car from the council pump was banned.

He appealed to the Basque High Court, known as the TSJPV. Among his arguments, he said he did not have the fuel in his custody. He also disputed that there was proof of an unlawful gain or a deliberate act of taking public property.

Why the appeal failed

The TSJPV rejected those arguments. It said the worker did not need to manage the depot for the conduct to count as embezzlement. The key point was that his job allowed him to enter the site and draw fuel from the tank.

The court also examined his claim about using his own car for work. It found that this was a matter of convenience, not a demand of the service. That did not change the legal nature of taking the diesel.

According to the ruling, the worker gained an economic benefit by filling his car without paying. The judges also found that he acted by choice and knew the act was not allowed. They said his years with the works team meant he knew private cars could not use the council tank.

The decision confirms the sentence handed down after the jury’s guilty verdict. However, the worker may still lodge a cassation appeal with the Supreme Court.

Source: General Council of the Judiciary.