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The AN Prosecutor appeals and requests that the shipwreck of the 'Villa de Pitanxo' be investigated by the Courts of Vigo

He does not share the "interpretation" that in his opinion the judge makes about crimes committed outside the national territory.

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The AN Prosecutor appeals and requests that the shipwreck of the 'Villa de Pitanxo' be investigated by the Courts of Vigo

He does not share the "interpretation" that in his opinion the judge makes about crimes committed outside the national territory

MADRID, 27 Sep. (EUROPA PRESS) -

The Public Prosecutor's Office of the National High Court has appealed the decision of Judge Ismael Moreno and has requested that the investigation into the shipwreck on February 15 in the waters of Newfoundland (Canada) of the 'Villa de Pitanxo', in which 21 sailors died, be assumed by the Courts of Vigo.

In a letter dated September 12, to which Europa Press has had access, the prosecutor Marcelo Azcárraga assures that the order by which the head of the Central Court of Instruction Number 2 took charge of the case "makes an interpretation" not shared by the Public Ministry about crimes committed outside the national territory.

Specifically, the Prosecutor's Office argues that the judge ignores the content of the Organic Law of the Judiciary when "it categorically clarifies that Spanish ships and aircraft are part of said territory and for the purposes of the jurisdiction of the Spanish courts, without distinction" .

"On the contrary, we consider that there are no doubts about the legal provision regarding the inclusion in the national territory for jurisdictional purposes of Spanish ships and aircraft. To this end, the National Court lacks jurisdiction to hear this case" , he maintains.

Thus, and citing the law, the prosecutor recalls that it corresponds to the "Spanish jurisdiction to hear the cases for crimes and misdemeanors committed in Spanish territory or committed on board Spanish ships or aircraft, without prejudice to the provisions of the International Treaties in which Spain is a part".

The representative of the Public Prosecutor's Office, who also refers to the criteria of the State Attorney General's Office, insists that "criminal acts committed within Spanish territory by assimilating Spanish ships and aircraft to it, remain outside the jurisdiction of the Court National".

As for the criteria followed to request that the investigation be taken over by the Courts of Vigo, the prosecutor recalls that the proceedings carried out, the report of the Civil Guard and the statements made by the accused and the witnesses "allow us to consider that the Spanish port of first arrival was that of Vigo, which must determine, in turn, the attribution of jurisdiction to hear this case".

This request from the Prosecutor's Office comes after the judge of the National High Court assumed the investigation at the beginning of this month, explaining that there was no clear legal provision that addressed the casuistry produced in these events and that could lead to a determination of jurisdiction clear if not that interpretations of different signs could arise.

However, the magistrate indicated in his order that in accordance with the principle of "ubiquity" defined in an agreement of the non-jurisdictional plenary of the Supreme Court, the competence would lie with the judge who first initiated the procedural actions in order to avoid delays. improper.

Thus, the judge concluded that in order to avoid uncertain and possible questions of jurisdiction with different courts of investigation, which could give rise to delays derived from the approach of the questions, it was appropriate "to maintain the jurisdiction of this Central Court of Instruction to continue hearing this case".

At that time, the judge rejected the inhibition proposal submitted by the Public Prosecutor's Office and by the representatives of Pesqueras Nores Marín SA and Juan Enrique Marín.

It should be remembered that the magistrate took a statement last June from the ship's boss, Juan Padín, his nephew and sailor Samuel Kwesi, the only survivors of the shipwreck. The first declared as accused and the other two as witnesses, after the judge saw evidence of 21 reckless homicides.