MADRID, 21 Nov. (EUROPA PRESS) -
The Provincial Court of Madrid has insisted on the PSOE and the Mixed Group that they exclude the Madrid City Council from the investigation into Luis Medina and Alberto Luceño for alleged fraud within the 'mask case' by stating that "general and prospective investigations They are not "in accordance with the law".
This is stated in an order, to which Europa Press had access, in which the magistrates dismissed the appeal filed by the PSOE, with the adhesion of the Mixed Group, against the order by which the judge opposed several errands.
In the resolution, the Chamber reviews the different cars in which it has been knocking down requests from the popular accusations on appeal, through appeals, to extend the instruction to the City Council.
Remember that by order this Section already rejected in September the taking of a statement from Carlos Martínez-Almeida in the case that Judge Adolfo Carretero is investigating as an investigated since there were no indications of criminal activity on his part.
It also brings to mind that the Chamber excluded charges against the coordinator of Budgets and Human Resources of the Madrid City Council and Funeral Home Counselor, Elena Collado, as well as the delegate councilor for the Government and Finance Area, Engracia Hidaldo.
Similarly, the magistrates of the Madrid Court consider it "inappropriate" to investigate the telephone numbers of the witnesses María de la Cebosa, director of the CIS university, and the cousin of the mayor of Madrid.
The magistrates emphasize that these resolutions have served to specify "the direction of the investigation in relation to the figures on which the concurrence of sufficient evidence is warned" in relation to the crimes investigated by the procedure.
Therefore, the instructor states, "the intention of conducting a general investigation that is not supported by the competition of relevant evidence about a possible criminal commission is not appropriate, but rather on the will to search for it by proposing exhaustive investigations with the intention of making them surface in case they attend".
"If such an investigation is carried out, it would be prospective in nature, thus being able to acquire the volume and scope that the accusing parties decide at will. General and prospective investigations are not in accordance with the law," he warns.
In another section, the Chamber opposes that Luis Medina hand over his devices, since in his opinion "it lacks efficacy in itself" while "the right not to incriminate oneself presupposes that the authorities manage to prove their case without resorting to evidence obtained by means of coercion or pressure against the will of the 'accused person'.
Remember that Elena Collado already provided the email and WhatsApp communications that she had with Alberto Luceño. "The right to secrecy of the communications of the aforementioned cannot be neutralized to satisfy the generic need to prevent or discover crimes or to clear up suspicions without a minimum but solid objective basis," she stresses.
Likewise, the magistrates support the decision of the judge to issue an official letter to the Logistics and Events Service of the Madrid City Council, so that it delivers a sufficient number of masks that were purchased from Leno so that the certification entity can carry out an analysis of their quality.