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Spain’s National Court Acquits Duato, Suspends Arias Sentence and Caps Advisor Peña’s Term at Nine Years

The decision highlights how Spain’s plea-deal framework, coupled with strict intent requirements, determines penalties in major tax fraud proceedings.

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Overview

  • The Audiencia Nacional acquitted actress Ana Duato after finding insufficient evidence that she knowingly participated in tax evasion schemes managed by her fiscal advisor.
  • Actor Imanol Arias received a two-year, two-month sentence for five tax offenses under a plea deal that keeps the term suspended and avoids imprisonment.
  • Fiscal advisor Fernando Peña was convicted for orchestrating an international network of opaque companies in Costa Rica, England, Canada, Uruguay and Luxembourg to conceal client and personal revenues.
  • Although Peña was initially sentenced to 80 years, Spanish law caps his prison time at nine years by limiting overall terms to three times the longest individual penalty.
  • The verdict remains provisional as the prosecution and defense teams have the right to appeal first to the Audiencia Nacional and then to the Tribunal Supremo.