Conflict of prosecutors over the applying of the amnesty legislation. The prosecutors who prosecuted the procés trial reject the order of the State Lawyer Basic, Álvaro García Ortiz, who has urged the inclusion of the crime of embezzlement within the amnesty, and name it “inadmissible and opposite to the legal guidelines.”
In a harsh writing, to which laSexta has had entry, the procés prosecutors verify their studies and reject the arguments put ahead by García Ortiz to justify the “unconditional software of the amnesty legislation” to embezzlement in the reason for the procés. In actual fact, they assert that these are “manifestly inadequate to legitimize the viability and compliance with the legality” of the order issued by the lawyer normal.
“In our opinion, the order is inadmissible and opposite to the legislation because it doesn’t adjust to essentially the most fundamental standards of authorized logic and felony legality required within the interpretation and software of the laws,” they are saying within the doc, signed by Javier A. Zaragoza on behalf of the 4 prosecutors of the method: Fidel Cadena, Consuelo Madrigal and Jaime Moreno, along with himself.
In that very same letter, they invoke article 27 of the Natural Statute of the Public Prosecutor’s Workplace to carry the Board of Prosecutors, which García Ortiz has lastly convened for Tuesday. Particularly, the aforementioned article 27 states that if “the prosecutor who receives an order or instruction that he considers opposite to the legal guidelines or that, for another motive, he considers inadmissible, he’ll inform his chief prosecutor by a reasoned report” .
Moreover, the prosecutors of the method warn that they won’t signal this doc wherein the change of standards concerning the amnesty is lastly mirrored. A doc that, as laSexta has discovered, the lawyer normal is not going to signal within the first individual.
After this practice wreck, subsequent Tuesday the 38 members of the fiscal management will meet in an environment of most pressure, in a Board of Prosecutors wherein they are going to take heed to the totally different arguments and perform a vote that, nonetheless, It is not going to be binding, as a result of the hierarchy prevails, which can impose the standards of the lawyer normal.
García Ortiz will thus ship that letter to Supreme Courtroom Choose Pablo Llarena defending that the arrest warrants in opposition to Carles Puigdemont and the remainder of the fugitives be lifted and that the amnesty be utilized to all of the crimes of the method, together with embezzlement.
