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The Supreme Court rejects an appeal by former judge Presencia against the sentence that convicted him for a false complaint

He accused a chief prosecutor of Talavera of a crime of corruption "with full awareness of his falsehood".

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The Supreme Court rejects an appeal by former judge Presencia against the sentence that convicted him for a false complaint

He accused a chief prosecutor of Talavera of a crime of corruption "with full awareness of his falsehood"


The Supreme Court has refused to admit the appeal of former judge Fernando Presencia against the ruling of the Provincial Court of Toledo that endorsed sentencing him to two years and ten months in prison for a continued crime of false denunciation and another continued crime of slander with publicity and against The authority.

The Criminal Chamber tells Presencia that the reasons for its appeal --violation of the right to due process and with all the guarantees; violation of the right to an impartial judge; and violation of the right to equality and moral integrity-- are outside the channel of the Supreme Court because it does not allege anything related to a criminal precept.

Regarding the possible violation of the European directive for the protection of whistleblowers, the Chamber explains in its order of inadmissibility, collected by Europa Press, that it cannot prosper either because in fact "the falsity of the accusations and statements made by the appellant have already been proven ".

In the sentence of the Provincial Court of Toledo of March 2021, which confirmed the decision of Criminal Court number 3, it is recalled that Presencia, "fully aware of its falsehood and moved by the express will to attack the honor and harm" the chief prosecutor Ángel Demetrio de la Cruz, filed a complaint against him that led to the opening of a complaint file.

Presencia attributed to that prosecutor crimes of prevarication, bribery and crimes against land use planning, indicating that he had received "numerous verbal complaints" from professionals and lawyers, about the existence of a network of corruption in the Talavera Courts "around the actions polemics of the chief prosecutor".

The former judge took the matter not only to Anticorruption but "with full awareness of its falsehood" he went with the complaint both to the Superior Court of Justice of Castilla-La Mancha and to the Ombudsman, to the president of the General Council of the Judiciary and to the State Attorney General's Office.

The first instance judgment also includes the important activity with the Presencia media to disseminate his complaint, and includes several articles from Confilegal and as well as interviews on television such as 13TV.

This inadmissibility of the Supreme comes after this past Wednesday it emerged that the High Court imposed a fine of 6,000 euros for violating "the rules of procedural good faith" incurring a "manifest abuse of law."

It should be remembered that Presencia is being investigated by the reinforcement magistrate of the Central Court of Instruction Number 6, Joaquín Gadea, for alleged crimes of libel, slander and against high State institutions for the accusations launched against Supreme Court magistrates.

Gadea began to investigate on June 21 following a complaint filed by the chief prosecutor of the National Court (AN), Jesús Alonso, against Presencia for the statements made about Supreme Court magistrates, including the then president of the Supreme Court and the General Council of the Judiciary (CGPJ), Carlos Lesmes.

The Supreme Court already denounced Presencia before the CGPJ on June 10 for spreading "radically false" and "slanderous" accusations that bear no relation to the "truth" about the patrimonial situation of the high court magistrates.

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