The reform PSOE now wants to eliminate the investigation of Begoña Gómez and the Attorney General

A legal reform promoted by the PSOE to protect fundamental rights from “persecution through abusive judicial actions” will end the investigation of Begoña Gómez and leave the case open to state attorney general Alvaro García Ortiz. ropes. And the bill – which excludes popular accusations from the investigation phase, limiting their role to the presentation of the complaint and the oral phase of the trial – expressly stipulates that the legal changes also apply to court proceedings in March. If it were so and taking into account the fact that the prosecutor’s office does not see the composition of the crime, then in the first of them the instructor would be obliged to agree to the material as soon as the ministry requests it. Something would not have happened in the trial against the Attorney General due to the existence of a private prosecution carried out by the defense of businessman Alberto González Amador, the boyfriend of Madrid President Isabel Díaz Ayús. Of course, in both cases, popular accusations could at least appeal the dismissal.

“If no indictment is brought by the public prosecutor’s office or private prosecution,” says the proposal registered by the PSOE, “the criminal process will be archived and it cannot continue only on the charge formulated by the people’s indictment, except for crimes in which there is an exclusive public interest.” .

As for its application, the proposal is clear. Its only transitional provision states that “the amendments made to the Criminal Procedure Law and the Organic Law on Judicial Authorities shall apply to proceedings pending at the time of entry into force of this Organic Law, as well as to proceedings commenced after that moment.” .

In the investigation of the wife of Pedro Sánchez for influence peddling, corruption in business, professional invasion and misappropriation – which was launched on the complaint of Manos Limpies – in addition to a group of officials, Vox, Hazte Oír, Iustitia fulfill the popular accusation in Europe and the Movement for the Political Revival of Spain . If the reform takes effect, Vox and Iustitia Europa will not be able to press charges, as the bill excludes political parties from holding mass events. But above all, if we leave them all out of the investigation under the leadership of Judge Juan Carlos Peinado, the decision on the possible file will remain in the hands of the prosecutor’s office, which from the first moment closed ranks with Begoña Gómez for After she entered force, if applicable, reform would not take long to request a dismissal, which Peinada would be required to accept absent additional charges (popular action, as noted, should only appeal the dismissal).

Although the investigation carried out by the Supreme Court (TS) to reveal secrets to the Attorney General would be seriously compromised, although it was not intended to be immediately archived, the case in which the deputy prosecutor of the superior court, Ángeles Sánchez Conde, ” number two ” García Ortiz joined his hierarchical superior without seeing any criminal evidence against him due to the leak of the confidential data of Isabel Díaz Ayusa’s boyfriend. In this case, the popular criminal prosecution is carried out by Manos Cleans, the Professional and Independent Association of Prosecutors (APIF), the Madrid Bar Association (ICAM) and the Foro Libertad y Alternativa, but after their suspension from the investigation, the decision to postpone the investigation, for represented by the prosecutor’s office, will face resistance from the private prosecution (which defends businessman), which will stop a possible urgent case.

Something similar could happen with another investigation into the entourage of the president of the government, which Judge Beatriz Biedma is keeping open for David Sánchez – with the creation of his top management position in the Badajoz Provincial Council in focus -. Although the prosecutor’s office supported the progress of the investigation, it recently opposed the summons as the investigator’s brother Pedro Sanchez, who finally appeared yesterday before the investigator.

To justify changes in the law that weaken the implementation of mass action, the PSOE refers in the justification of the proposal to “abuses”, which, according to the complaint, “are used by some groups not to explain possible criminal actions, but to systematically attack unaffiliated social sectors and political opponents through criminal proceedings in which their rights to honor and effective judicial protection are constantly violated and content leaks instruction”.

“Today’s information society, in which news or journalistic value judgments are easily disseminated through digital channels and communication networks, generates a stream of messages, reports, testimonies, events and discoveries that are not always verified or subject to false motives,” he argues. In these cases, he adds, the initiation of a criminal case “without a minimal evidentiary or indicative basis can cause reputational damage that is difficult to recover for the affected person or persons, which makes it necessary to regulate the investigative activities of judicial authorities in these cases.”

To this end, it examines “the limitations of its intervention at the investigative stage, thus excluding the full participation of the public prosecution at the aforementioned procedural stage.” The legal changes mean that the popular prosecution can appear “at any time” before an indictment is filed, “although it will only be able to fully intervene in the process after the investigation is complete and only if “the judge considers the facts to be clearly criminal. However, he clarifies, “he will always have the right to appeal the gratuitous dismissal under the dictation of the investigating judge.”

And he explains the reasons for such a change of course: “This figure was conceived as a counterweight to the prosecutor’s office, so its full intervention at this stage is not justified, because the investigating judge has wide powers in conducting the investigation.” Marginalizing the popular action, he explains, “it is possible to preserve the secret or covert nature of the investigation stage, allowing only the directly interested subjects to know about it: the prosecutor’s office, the offended and injured as a result of the crime and the person under investigation.”

In addition to preventing an instructor from admitting a complaint based on press clippings (for which it cites Supreme Court case law), the PSOE intends for those seeking mass action to accredit “a specific, relevant and sufficient connection with public interests are protected in the relevant criminal proceedings.”

And in order to combat information leaks, he explains, the popular action “will not have access to the judicial procedure and will not have the right to take any actions at the investigative stage.”