The process prosecutors reject García Ortiz’s order

The process prosecutors reject García Ortiz’s order
The process prosecutors reject García Ortiz’s order

The prosecutors of the process have reiterated to the State Attorney General, Álvaro García Ortiz, their opposition to amnesty for the embezzlement attributed to, among others involved in the process, the former Catalan president Carles Puigdemont and have called for the Board of Prosecutors to meet, after the head of the Prosecutor’s Office has shown himself in favor of forgiving that crime as well.

In a letter to which Europa Press has had access, prosecutors Javier Zaragoza, Fidel Cadena, Consuelo Madrigal and Jaime Moreno reaffirm their report and, once García Ortiz’s position is known this Friday, they invoke article 27 of the Organic Statute of the Prosecutor’s Office so that the difference in criteria is resolved in a Board of Chamber Prosecutors, the leadership of the career, which will be held next Tuesday.

The prosecutors of the Supreme Court express that what García Ortiz argued for the “unconditional” application of the amnesty to embezzlement “does not at all distort” the contrary position of the four, so that they are arguments “manifestly insufficient to legitimize the viability and adjustment to the legality of the order issued”.

“In our opinion, the order (from García Ortiz) is inadmissible and contrary to the law as it does not comply with the most basic criteria of legal logic and criminal legality required in the interpretation and application of the rules,” says prosecutor Zaragoza in name of the four.

The prosecutors also insist to García Ortiz that if after the Board he imposes that the amnesty must be applied, they will not sign said decree, but rather the attorney general himself or another prosecutor that he designates must do so.

For their part, sources from the State Attorney General’s Office have already reported that García Ortiz has summoned the courtroom prosecutors to hold that meeting on Tuesday, June 18 after prosecutor Zaragoza has invoked article 27 of the tax statute by not agree with the order given this Friday by the attorney general.

The opinion of the attorney general

García Ortiz has presented a brief in which he defends that the amnesty should be applied to embezzlement and in which he considers the arguments of the four Supreme Court prosecutors against amnesty for this crime “insufficient.”

“It is necessary to declare amnesty for all the conduct that was and is the subject of said procedures, as well as lift the precautionary measures that are pending with respect to some of the defendants,” advocates the attorney general in the document, which includes the active arrest order. against Puigdemont.

In the opinion of the attorney general, the financial damage to the Administration, resulting from the crime of embezzlement, is not comparable to “personal enrichment of a financial nature.” And he also considers that the events did not directly affect the financial interests of the European Union.

The posture of the four

It thus clashes with the criteria of Javier Zaragoza, Fidel Cadena, Consuelo Madrigal and Jaime Moreno, the four prosecutors of the process, who are against amnesty for embezzlement when they understand that the defendants did have a profit motive and that their actions did affect community financial interests.

For the four it is “undoubted” that Puigdemont, the former councilors prosecuted in absentia Toni Comín and Lluís Puig, the former vice president of the Government Oriol Junqueras and the convicted former councilors Jordi Turull, Raül Romeva and Dolors Bassa “subtracted public funds in the form of millions of euros to “execute an unconstitutional project for the disintegration of Spain against the decisions of the Constitutional Court and the Superior Court of Justice of Catalonia.”

“These funds have not been restored,” they maintain in their report, presented on Wednesday and in which they consider it “inadmissible” to apply the amnesty law to embezzlement, but, on the other hand, to those of disobedience and public disorder framed in the Catalan independence process.

It should be remembered, however, that the attorney general has the power to assert his criteria after listening to the conclave, as established by the Statute.

 
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