Palma de Mallorca
12/09/2014 11:49
Updated: 12/09/2014 19:08
Reasons for justice and equality. So corruption prosecutor Pedro Horrach is based to request that the Infanta not sit on the dock for a tax offense in the case of Nóos Institute. Moreover, calls not process a Cristina de Borbón or Ana Torres, wife of partner Inaki Urdangarin. This is based on the doctrine Booty a doctrine established by the Supreme which allowed the banker Emilio Botín evade trial.
Horrach avoids the findings of the Court of Palma own when he declares qu e be the judge instructor José Castro , as required by law, to decide whether sitting on bench issue an order to commence trial.
The Court of Palma considered “undeniable and indisputable” that both spouses contributed to defraud the Treasury with their husbands and “had to be aware” that were part of holding companies with their husbands and from which defrauded the Treasury.
At the same time, requests Diego Torres 19 means half years in prison for Iñaki Urdangarin, and 16 and the diversion of 6.2 million euros of public money to his company -the Intituto Nóos- from which they were derived money to the FVC they had with their wives. The Court understands that both comentieron tax offense.
The prosecutor has a different vision of Hearing: “After months of poring investigation, the conclusion to be drawn is a rickety ‘could know’ which places Dona Cristina Bourbon in a position of helplessness, “says the prosecutor in his writing that criticizes the Court of Palma acknowledgment that based on” suspicion “and where denounces the” violation of the presumption of innocence “sister of Philip VI and a “lack of consistency” when imputing tax offense.
Horrach asks the judge number 3 in Palma that apply in your car’s doctrine Booty to the Infanta Cristina to not sit on the bench and enjoy equal treatment those citizens who, for similar reasons, yes they have prevented a trial.
The prosecutor argued that “it is not sustainable, for basic reasons of justice, equality and legal certainty that in the same procedural circumstances, a citizen before the courts of Vizcaya is not exposed to trial and, subject to a court or tribunal of Baleares, there will be only open trial but also to be condemned, “he says.
Similarly, requests to the previous doctrine is applied to Ana María Tejeiro, woman Diego Torres, former partner of Urdangarin, in relation to the same tax offense imputed to the Audiencia Provincial de Baleares. But Tejeiro itself would have to go to the bench as the prosecutor accused of another crime, the-money laundering which does not accuse the princess.
In the car by the last month the Court upheld the complaint of the Infanta for two tax offenses and opened the way for it to be judged, gave “freedom of judgment” Judge Castro to decide whether or not to apply the doctrine of the Infanta booty.
This doctrine of the Supreme Prosecution limits when not accuse the prosecution in the event of unaffected individuals in the case, as were the bank’s shareholders. However, in the case of Infanta Cristina crime is of public interest, although not return the affected-the law of the state, nor the prosecutor and only accuses Clean Hands. Furthermore, the prosecution and defense yes accusing these crimes both partners .
“If the holder of the legal supposedly injured, the State Bar and the Ministry Tax not exercise criminal action against a person because legitimately consider that there is not attributable to the same offense, that procedural legitimacy can not be usurped by a third party not hurt, “argues Horrach in his indictment that has access Europa Press.
Similarly, the prosecutor emphasized that “respect for the principle of equality should prevent the interpretative criteria of criminal and procedural laws become tailors drawers where everything vale “, which believes that” it is not legally possible, under the guise of interpretive nuances, orillar application “of Article 782 of the Criminal Procedure (LEC), which urges archive inquiries for whom they asked Attorney and private prosecution.
It covers an ‘identical’ case Vizcaya
To bolster their arguments, Horrach exposes a case “identical” to the king’s sister, in which the Provincial Court of Vizcaya determined that the popular accusation alone could not open the trial against people who were not subject to charge or by the prosecution or by the prosecution following the alleged commission of an offense against the Hacienda public.
Finally, the prosecutor emphasized that “clashes” with the said Article 782 the “nuance” Hearing the Balearic introduced to Castro left to the implementation of the doctrine Booty , and stating that, accusing the prosecution and the State Bar for alleged crimes prosecutors Urdangarin and Torres, Clean Hands “would be found alone entitled to open trial against their respective spouses their alleged involvement in the same criminal acts. “
According to Horrach, the” nuance “made by the Hearing” means distinctions where the law does not “, e insists that if the prosecution and the prosecution submits that there are sufficient grounds to accuse a person and ask file its complaint, the judge will agree as well.
The Office notes that the company Aizoon owned 50% of marriage Urdangarín-Borbón, drew more than a million euros of the plot. The fiscal offense Urdangarin is encrypted in a fraud of 337 138 euros in income tax dues 2007 and 2008.
The judge will decide whether sitting on the bench Infanta
The parties accusing the If Nóos have registered this Tuesday its interim written before the court. These parties are the Anti-Corruption, the State Bar, the Bar of the Autonomous Community of the Balearic Islands and Clean Hands and the Socialist group in the city of Valencia Office. In turn, the Autonomous Community of Valencia has requested to exercise civil action as impaired.
Once these writings study, the judge shall rule Castro to trial, expected in the coming weeks . This auto is not actionable in relation to those persons against whom judgment is opened. Yes be appealed if the judge does not open judgment about a person against whom charges were brought.
After the car for trial defenses must submit their writings and the procedure will be sent to the Provincial Court of Palma to put time and trial.
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