The prosecution of the doctor’s November 9 in Catalonia took a giant step yesterday and thorny consequences for those affected after the prosecution filed a criminal complaint in the superior court of justice Catalan competent to investigate the volumetric Autonomic, by the conclusion of the “participatory process” despite the ban decreed by the Constitutional Court.
The letter of complaint was filed by the head of the Senior Prosecutor of Catalonia, José María Romero de Tejada, in fulfillment of the command given by his superior, Attorney General Eduardo Torres-Dulce. This had to impose his opinion, the almost unanimous support of the leadership of the Attorney General, after the Catalan Department rejected last week by majority formulate But to justify suit against it was a political event that did not disobey the Constitution.
The text filed with the civil court and criminal Superior Court of Catalonia, presided by Judge Miguel Ángel Gimeno, accuses the president of the Generalitat, Artur Mas, Joana Ortega to his vice president and counselor Education, Irene Rigau, of committing four offenses by “plan, sponsor and finance ‘consultation and” overcome partisan vision itself’ compliance with court rulings guarantees. That is, to bypass the law by knowingly mere political interest.
The prosecutor believes But Ortega and Rigau trespassed and wants to know the public money embezzledThe prosecution alleges that the conduct of the three defendants would constitute the crimes of embezzlement (public money to the completion of 9-N), administrative malfeasance (dictating unjust ruling known to mobilize officials at that time), gross disobedience (consciously violating the ban decreed by the Constitution) and usurpation of judicial power (assuming jurisdiction that is not theirs according to the division of powers).
The string of criminal types in its different variants entail, as recorded by the complaint, fork maximum penalties of one year in prison, 18 more than disqualification and fines. In the section relating to misappropriation of flow is further specifies that if the defendants do not satisfy all of the money defrauded ten days after being processed (the post-imputation) could raise their sentences to six years prison.
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How much was embezzled?
For the amount allegedly distracted, the prosecution claimed in its letter to the practice room that few errands as possible to find the funds for the ad campaign 9-N, IT spending, mailings , ballot boxes and ballots, and the cost of mobilizing the Catalan police who covered the conclusion of the consultation. The published estimate mentioned a figure of nine million euros on advertising alone.
The complaint of 30 pages was prepared by the chief prosecutor of the Technical Secretariat, Jaime Moreno Verdejo, and makes a detailed and chronological account of all the alleged criminal acts committed “direct and personal way” by the defendants subsequent to the suspension set unanimously by the judges of the Constitutional, first on October 30 and later form the Nov. 4 days.
Notes written that the various actions of the government were aimed at Mas holding 9-N. They cite as an example the existence of the website which directed participation and was active “at all times”. The preparation of the ballots by prisoners from a jail in Lleida, the “demand” by email to private radios and TVs in Catalonia to disseminate free advertisements or controlling access to schools of Catalonia.
It also records that Mas, when casting his vote, he stated in a “revealing” that he was responsible for the day: “If the prosecution wants to know who is responsible for opening colleges to look at me, I am responsible for me and my government, “he told the media. While his vice president “repeatedly appeared officially to account for data sharing and process results be suspended.” In the case of Rigau counselor, adds the attorney, his department disobeyed and transgressed by opening schools to the polls.
The next steps of the complaint are as follows. Once registered, the civil and criminal division of the high court will have to choose one room admissions, which shall consist of the president Miguel Ángel Gimeno and two other judges, who shall be chosen by lot. This court must make a ruling on the admissibility or otherwise of the complaint will remember (in this case could apply to the Supreme). If accepted, the defendants are accused and an instructor of the case, depending on Gimeno will not be appointed. To elucidate the resources of the parties a special chamber, composed of judges who are not part of the hall admission would be created.
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