Shakira negotiates “intensely” an agreement to avoid trial for fraud against the Treasury

Shakira’s legal team (Isabel Mebarak Ripoll) is stuck in a “intense negotiation” with the State Attorney’s Office, the toughest part, and the prosecution to prevent the Colombian singer from sitting on the defendant’s bench for allegedly having defrauded the Spanish Tax Agency of 14.5 million euros between 2012 and 2014, sources close to the artist have confirmed to EL PERIÓDICO. The goal is to reach an agreement as has happened with other celebrities, such as Cristiano Ronaldo and Samuel Eto’o.

Last May, the Barcelona Court endorsed the decision of the investigating judge to terminate the investigation and concluded that there was “sufficient evidence & rdquor; to continue the judicial process against the artist from Barranquilla for several crimes against the Public Treasury for non-payment of taxes. The consequence of that resolution that rejected the appeal filed by the defense was that Shakira, finally, will be judged.

The prosecution, which filed the complaint against her, as well as the State Attorney, which represents the Tax Agency, now have the floor and must present their indictment. Then she will touch the defense. After the judicial setback of the Barcelona Court, Shakira’s lawyers have intensified the efforts to try to reach an agreement and be able to obtain a consent sentence. In this case, the trial against the singer will be a mere formality and will last as long as the artist takes to accept the terms of the pact in court.

a lesser sentence

The agreement would go through a reduction of the sentence in exchange for the acceptance of a lesser penalty than the one that would correspond to him (with a fine included), the assumption of responsibilities with the acceptance of the accusations attributed to him and the payment of the debt with Tax authorities. This last aspect is solved, since Shakira has long recorded the 14.5 million euros that the Tax Agency claims. One of the obstacles will be to quantify the penalty that she will also have to pay and that she establishes taking into account the fee defrauded.

If the negotiation between the defense and the accusations comes to fruition, the singer will not only avoid a trial in all forms and that can last for days, with the consequent wear and tear due to her media exposure, but will also avoid the risk of entering prison if there is a harsh conviction. And it is that the crime of fraud against the Treasury supposes one to five years in prison and the prosecution accuses the vocalist of six of these crimes in its complaint. Judges can suspend the execution of entry into a penitentiary center if the sentence does not exceed two years in prison.

Your residence in Spain

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The legal debate of this process is whether Shakira was a habitual resident in Spain since 2012 and remained in the country the minimum of 183 days a year that requires paying taxes to the Spanish Treasury, apart from occasional, punctual or sporadic departures. to do for his performances. This is what the prosecution maintains, while the defense has so far argued the opposite: what was sporadic were her stays in Spain.

The Barcelona Court considered that the photographs that the investigated herself posted on social networks, her plane tickets or the payments made by people at her service are “suitable means” to prove her residence in the country. “That is, it is not so relevant when the clinic was paid, but when it was visited,” specifies the resolution. On the other hand, the judges do not consider an exculpatory fact that the artist has provided a certificate of tax residence in the Bahamas.

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