According to the presiding judge of the collective, the Court of Leiria decided to change the legal classification of the crimes they were accused of, dropping the aggravation of active and passive corruption.
In reading the judgment, the Court of Leiria condemned, in legal terms, the doctor, to five years' imprisonment, a sentence that he suspended for the same period, for crimes of passive corruption, falsification of documents and qualified mockery.
The doctor was also sentenced to pay about 60 thousand euros to the Regional Health Administration, money that will have to regularize to ensure the suspension of the sentence.
The pharmacist was also sentenced to four years and ten months, suspended for the same period, for crimes of active corruption, forgery of documents and qualified mockery.
The third accused, husband of the pharmacist and electrician by profession, was sentenced for the same crimes to four years and three months in prison, also suspended.
Each of these two defendants will have to pay ARS 25 thousand euros. The pharmacy, in the county of Chamusca, district of Santarém, where the non-purchased medicines will have been billed, was awarded an accessory penalty of 300 days at the rate of 100 euros.
For the Court of Leiria did not prove the loss of 657,808.17 euros to the National Health Service (SNS), which appeared in the indictment of the Public Prosecutor. During the trial, according to the presiding judge, a mockery of the state of around 110 thousand euros was tried.
In reading the judgment, the judge pointed out that the doctor admitted that not all the prescriptions prescribed by him at the Hospital of Caldas da Rainha had been preceded by a medical act, "nor were they raised by the respective beneficiaries."
The doctor "admitted most of the facts, he just did not admit the proceeds of his private clinic," said the judge, noting that, in doubt, the defendants can not be condemned.
According to the MP's order, "at least between September 2010 and December 2013" the defendants "acted as a group, in a concerted and organized manner", to "obtain high patrimonial advantages illegitimate resulting from the fraudulent obtaining of reimbursements of medicines paid by the SNS ".
The pharmacist and husband appealed to the clinician – who accepted – "to issue medical prescriptions forged with prescription drugs that they would later process, simulating their delivery" at that pharmacy, which the doctor would receive in the course of their activity in the sector private – mainly in homes – and in a public institution of the SNS, specifically in the hospital of Caldas da Rainha, in the district of Leiria.
The DCIAP explains that the "fraudulent scheme" consisted of obtaining forged receipts issued by the physician on behalf of SNS users "with prescription of selected drugs, preferably due to the high SNS contribution in their payment, as a rule between 69% and the 100% ".