Post by account_disabled on Feb 18, 2024 10:52:17 GMT
The proposal was included in the report of the commission of experts requested by the Minister of Justice, Alberto Ruíz Gallardón. But, after including it in some draft of the reform of the Judiciary Law, he has now definitively ruled out its inclusion in the final text. Alberto Ruíz-Gallardón , Minister of Justice, has finally decided to go back on his idea of cutting the legal figure of the popular accusation and maintaining it as it currently is. “Today, the decision is that we are not going to touch it and it will remain as it is,” ministry sources confirm. The measure has been included in some of the drafts of the new Judiciary Law that the ministry is preparing and which is where, in principle, this controversial modification was going to be included. According to the legal sources consulted, this reform is still being prepared in the ministry, "there are many articles", and it will soon go to the Council of Ministers. The minister's original idea was to accept the experts' proposal to reduce the figure of the popular accusation to prevent unions, political parties or business organizations from exercising it with the aim of "avoiding its politicization and abusive use," as reflected in one of those drafts. I
n this way, only the Public Prosecutor's Office could use this legal figure. This would have important consequences in the fight against corruption since, for example, Miguel Blesa , former president of Caja Madrid, is now sitting in the dock for the preferential Phone Number List fraud because a political party, UPyD, relying on this right, he filed the lawsuit. Nor would Iñaki Urdangarín and Infanta Elena be tried in Mallorca for the Noos case . The beginning of the investigations by Judge José Castro is also due to a demand made by the Manos Liminas union on behalf of the popular prosecution. Another example of cases that have been initiated thanks to the popular accusation was the one that was pursued against the former president of the Valencian Generalitat, Francisco Camps . The famous case of the Camps suits, from which he was finally acquitted, began thanks to the complaint of an individual using the figure of popular accusation. Controversy The figure of the popular accusation has been controversial on other occasions.
The first time, in December 2007, when the Supreme Court 'forgot' about it and refused to open an oral trial against Emilio Botín , president of Banco de Santander, because he was only being sued by an individual not harmed by the case of credit assignments. . However, shortly after, the same Supreme Court did allow Juan María Atutxa to be tried despite the fact that there was also only one popular accusation as an accusation alleging that, in that case, there were “collective interests” in the fact that the politician decided not to dissolve Sozialista Abertzaleak when he was president of the Basque Parliament. In fact, the Botín doctrine is what could save Infanta Elena from being tried since only the Manos Limpies union accuses her of committing crimes, although there are other institutions involved in the case.