MADRID, 18 Mar. (EUROPA PRESS) -
The nephew of 'Tito Berni', Taishet Fuentes Gutiérrez, has asked Judge María de los Ángeles Lorenzo-Cáceres, head of the investigating court number 4 of Santa Cruz de Tenerife, to bring together the PSOE, PP and Vox in the same accusation , according to a letter to which Europa Press has had access.
In the case, charges against the United Democratic Canary Force are also considered; Aguaiuris, organization of users and consumers, and Unified Association of Civil Guards.
In the brief presented by the representation of Fuentes Gutiérrez "he opposes the admission of the appearance of the indicated entities, as independent popular accusations, and it must be agreed that they act under the same legal direction and procedural representation", in accordance with the provisions of article 113 of the Criminal Procedure Law.
If the appearance of the popular accusations is admitted, in addition to the Public Prosecutor's Office, "the truth is that there would surely be an evident delay in the processing of the procedure due to the reiteration of actions with the same purpose and meaning."
"Since it is the exercise of identical criminal actions, exercised for the same facts and against the same investigated, for a plurality of accusations, it would violate the right of those investigated to a process without undue delay," continues the brief presented before the judge.
Following the criteria of the Constitutional Court, the justification for demanding that the actions be exercised under the same legal direction and procedural representation is determined "by the convergence or coincidence and unity of interests between the parties."
Therefore, if there is convergence or coincidence and unity of interests between the accusations, the right to exercise popular action provided for in article 125 of the Spanish Constitution, "would not be violated by not admitting the appearance of all the accusations as independent parties , demanding joint action".