García Ortiz imposes on the 1-O prosecutors to use the amnesty to Puigdemont they usually reject it for being an “inadmissible” order | EUROtoday

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The Attorney General of the State, Alvaro Garca Ortiz, this Friday ordered the prosecutors of the processes to report in favor of amnesty to the fugitive Carles Puigdemont and the remainder of the 1-O leaders who had been convicted by the Supreme Court and pardoned by the Government of Pedro Sánchez.

The lawyer common, who’s going by way of his lowest hours on the head of the establishment, has issued a decree during which he defends that the embezzlement of public funds have to be erased with the Amnesty Law and that “it is appropriate to declare amnesty for all the conduct that was and are the subject of the case, as well as lifting the precautionary measures that are pending with respect to any of the defendants.”

For their half, the Chamber prosecutors have responded that “the arguments presented to justify the application of the unconditional application of the Amnesty Law to the acts constituting embezzlement in this special case do not in any way distort the legal criteria expressed in our reports and the solutions proposed therein, so that they are manifestly insufficient to legitimize the viability and adjustment to the legality of the order issued by you”.

Prosecutors reiterate that the order is “unfounded” and “contrary to the laws” by not conforming to the “most basic criteria of legal logic and criminal legality.”

In his decree, García Ortiz states that “the Amnesty Law for institutional, political and social normalization in Catalonia aims to reduce the territorial, political and social conflict suffered in Catalonia around the so-called independence process.”

In the 133-page doc, to which EL MUNDO has had entry, the lawyer common refutes the thesis of the misappropriation of public funds defended by the Sala prosecutors. Javier Zaragoza, Jaime Moreno, Consuelo Madrigal y Fidel Cadena and accuses them of “compromising the impartiality of the Public Prosecutor's Office.” “The draft reports presented profusely use arguments that go beyond the strictly legal level, that compromise the necessary image of neutrality and impartiality of the Public Prosecutor's Office and that, therefore, are completely inadmissible,” maintains the lawyer common.

It highlights that “the original version of the Organic Law proposal of amnesty for institutional, political and social normalization in Catalonia did not condition the amnesty for crimes of embezzlement to the fact that the criminal conduct was not oriented towards the achievement of enrichment. or to any other types of conditions or requirements” however, he provides, that its “introduction was due to the desire to attend to the recommendations made regarding this matter by the Venice Commission“.

And he provides that the “profit motive” required by the crime of embezzlement shouldn’t be confused with the “personal enrichment of a patrimonial nature” of these acts that the amnesty legislation considers not amnestiable. According to the Attorney General, the monetary injury to the Administration, ensuing from the crime of embezzlement, just isn’t akin to “personal enrichment of a financial nature.”

Board of Chamber Prosecutors

In addition, García Ortiz – who’s on the verge of indictment for the leak of confidential knowledge of the couple Isabel Diaz Ayuso– affirms that the experiences of the prosecutors of 1-O “do not respect the provisions contained in the FGE Instruction number 1/2016, of January 7, on the intervention of the Prosecutor in European preliminary rulingsinsofar as it is intended to promote separate European preliminary rulings without having previously obtained the consent of the State Attorney General.”

Last Tuesday, García Ortiz met with prosecutors Zaragoza and Moreno and already anticip that he doesn’t share his opinion on the embezzlement and that, subsequently, he would give him the alternative order that the Second Chamber of the High Court have to be knowledgeable in favor of the amnesty. Prosecutors demanded that that order be given in writing.

This discrepancy signifies that the so-called 'generalship' of the Prosecutor's Office, the Board of Court Prosecutors, should rule on the Amnesty Law. Its standards are prescriptive however not binding. The Board of Court Prosecutors will meet subsequent Tuesday at 9:30 a.m.

Previously, the Chamber prosecutors, heavyweights of the Fiscal Career, will problem a doc during which they may invoke article 27 of the Organic Statute of the Fiscal Ministry.

Furthermore, the 1-O prosecutors anticipate that if the lawyer common maintains the order to amnesty the embezzlement, he should designate different prosecutors – previous to the appliance of article 25 of the Statute – to report back to the Supreme Court on the erasure of the crimes of the proceedings.

The 'Tsunami case' teacher quickly suspends Puigdemont's summons

Judge Susana Polo, teacher of the 'Democratic Tsunami case' within the Supreme Court, has issued an order quickly suspending each the European Investigation Order (OEI) and the request for judicial help in prison issues despatched to Switzerland, to to quote the previous president of the Generalitat of Catalonia Carles Puigdemont within the case.

The decide makes the choice in response to what was agreed within the ruling of June 11 during which she gave 10 days to the events in particular person to report on the entry into pressure of the Amnesty Law.

The teacher “temporarily” suspends each the request for judicial help in prison issues despatched to Switzerland and the European Investigation Order. The solely factor that she doesn’t droop is the notification of the resolutions issued within the current case to Puigdemont, who so far has not appeared.