The judge dismisses the case against the former mayor of Dos Hermanas due to statute of limitations

The judge dismisses Vox's complaint against former mayor Toscano and Salazar due to the statute of limitations on the crime of prevarication, as no embezzlement or influence peddling was found.

The Court of First Instance of Dos Hermanas has issued a provisional dismissal of the case opened against the former socialist mayor Francisco Toscano and the former senior official of Moncloa Paco Salazar for the latter's hiring between 2012 and 2017. The presiding judge of court number 7 of the Civil and Instruction Section decided to archive the complaint filed by Vox, considering that the possible crime of prevarication had expired and that there was insufficient evidence of embezzlement or influence peddling.

According to the judicial ruling, which this newspaper has accessed, Salazar's hiring by the Dos Hermanas City Council "disregarded the essential procedures" of the selection process, which could constitute a crime of prevarication. However, the judge emphasizes that "since it carries a penalty of disqualification from public employment or office for a period of seven to ten years and a statute of limitations of ten years," the complaint was filed on July 17, 2025, more than 13 years after the events, meaning the crime had expired.

Regarding the crime of embezzlement, the judge indicates that the actions taken "do not allow for the absolute absence of work activity by Salazar to be proven," nor that Toscano "engaged in any wrongful conduct of improper omission." She adds that, "regardless of whether the hiring (...) could be reproachable from a political or even ethical standpoint, it cannot be classified as a criminal offense in any way."

On influence peddling, the ruling states that it has not been "properly established that Toscano, in his capacity as mayor, and taking advantage of the superiority of his position, exerted any influence over the members of the Local Government Board to approve Salazar's selection." Had it been proven, it would also have expired.

The case originates from the hiring of Paco Salazar, a former senior official of Moncloa, who received a salary of 2,000 euros from the Dos Hermanas City Council between 2012 and 2017 despite the complaint stating that he "did not attend his workplace, as he was working in Madrid, first at the PSOE headquarters and later in Moncloa." Vox filed the complaint in July 2025, while Salazar appeared before the Senate's Koldo case investigation committee.

The judicial decision marks the closure of an investigation that lasted several months but failed to provide sufficient evidence to support the more serious charges. The judge concludes that "regardless of the political reproach, there is no basis for a criminal offense." The ruling is not final and can be appealed to the Provincial Court of Seville.

This dismissal occurs in a context of increasing media attention on irregular hiring in local administrations. In recent years, several Andalusian city councils have been subject to investigations for similar practices, although many have come to nothing due to the statute of limitations on the crimes. The autonomous community of Andalusia has strengthened control mechanisms, but the Dos Hermanas case highlights the difficulties in pursuing actions that, while ethically questionable, do not fit into criminal law.

The ruling also underscores the importance of prompt processing of complaints, as the passage of time works in favour of the accused. In this case, the complaint was filed when more than 13 years had already passed since the start of the hiring, preventing any conviction.

From Toscano's circle, there has been satisfaction with the dismissal, although they have avoided making public statements. For its part, Vox has announced that it will consider the possibility of appealing, believing that "the statute of limitations should not be an obstacle to holding political responsibilities accountable." The party has reminded that Toscano has been mayor of Dos Hermanas for decades and that this case tarnishes his career.

In short, the dismissal of the case nullifies the initial accusations and closes the criminal avenue, although the matter could have political repercussions at the local level. The judge has ordered the provisional dismissal, meaning that the proceedings are suspended, but could be reopened if new evidence emerges in the future.