A Madrid lawyer close to the PSOE filed a complaint against Madrid Mayor Almeida, based on a clever quote from the art. 408 of the Penal Code, implying that he has neglected his duty to promote the prosecution of crimes that he may have known in the exercise of his position and therefore in times of COVID some intermediaries in contracts may have defrauded the institution he heads. Some crimes are already being investigated by the Prosecutor’s Office.
This complaint, which has no legal justification and is deliberately unacceptable, was made public by the media and aroused interest that should, with some care, be added to the entertainment pages. I can’t find any other part more suitable. Since the event must be broadcast, the most decisive factor in avoiding sharing your shortcomings with the whistleblower is the selection of the episode in which it is added.
It is clear that this provision of the TPC can only be applied to those who, by virtue of their position, have the duty to prosecute crimes, and it is not the responsibility of mayors and is only a matter for prosecutors. judges and police. , those charged with enforcing it, or, as case law says, Treasury officials when it comes to financial crimes. Mayors do not encourage judicial action, or rather, their obligations do not include this peculiarity of officials who interfere with the criminal process and are required to initiate an investigation of alleged criminal acts. Extending the norm to other officials who do not perform such functions lacks legal protection, and the doctrine of our courts is so clear and comprehensive that the complaint could be considered blatantly fraudulent, especially when the Public Prosecutor’s Office has launched the investigation.
It is also a crime, moreover, there must be an intention not to prosecute, not to advance the process. In the face of news about the existence of a crime, just inaction is not enough, investigation is sufficient. not sought. inviolability of the subject. And obviously, the lack of condemnation does not mean that the competent body to do so does not support the process. Or the same, not reporting is not tantamount to impunity for the author.
The absence of many requirements and elements that require the law to be used in a lawful and fair manner, that should not tolerate abuse, that require that it be used lawfully and fairly, that a lawyer should know, and that expose us to an act of dubious legitimacy. and less by undermining anyone’s name and reputation, or with electoral or partisan intentions.
I may be wrong, but in this case, judging by the fundamental nature of the assumption, the effects intended and achieved within the framework of a campaign to harass the Madrid PP, the results of which are immeasurable, I highly doubt it, what is known and predicted, but the campaign remains alive and, taking advantage of the goodwill of the citizen in the obtained opinions.
If a Mayor is aware of the existence of a public offense, he is obliged to report it to the competent authority (Article 262 of the Code of Criminal Procedure), which is the responsibility of any citizen (article 262). . 259 of the same law), and its violation is punishable by a fine of between 25 and 250 pesetas. I was not wrong. The law mentions a maximum of 250 pesetas, one euro and fifty cents. The legislator did not even bother to update the currency or amount of the sanction, since it is a provision whose implementation is negligible. And such a sanction also requires knowledge of the crime, says the law, which, in the case of complex facts, is not easy to identify, and in a situation not perceived more fundamentally by the senses, it appears to be an administrative fraud. .
Well, the Madrid lawyer, considered close to the PSOE, has gone from a truly repealed, unused rule to an unenforceable crime with extreme imagination and risk, but the person rewarded with fast news and coverage instantaneously. Tomorrow, when the judge presents the accusation, little or nothing will be said, and the complainant will be able to receive congratulations, having determined that if no promises have been made, he can at least move forward without limits when alleged. for higher jobs.
In election times, when there is always a crisis that has devastated the government, it is not easy to resist the temptation to act on the field of scandal and to use the courts to replace fierce debate on issues that concern everyone. . with the assisted representation of the criminal process used for purposes incompatible with its nature. This is what awaits us in the coming months.
My hope is that the opposition will not play with the same weapons and talk about our problems, and if possible with reasonable offers, not empty words.