The supreme rules out to investigate whether King Emeritus committed fiscal crimes | Spain
The Supreme Court has definitely closed the door to investigate whether King Juan Carlos has committed fiscal crimes. The Criminal Chamber has inadmitted The complaint filed by a group of jurists against King Emeritus for five alleged crimes against the Public Treasury. The car, from which magistrate Manuel Marchena has been speaker, agrees the archive of the actions, in tune with the criteria of the Prosecutor’s Office, considering that the facts do not constitute a crime, are prescribed or were subject to tax regularization.
The facts for which the complaint was presented that has now rejected the Supreme had regularized his tax situation through the payment of 678,000 euros in December 2020 and 4,395,000 euros in February 2021, before knowing that there was an investigation against him for fiscal fraud. But several jurists (the retired magistrates Clemente Auger and José Antonio Martín Pallín, and anti -corruption prosecutors also retired, such as Carlos Jiménez Villarejo and José María Mena), philosophers (Santiago Alba) and journalists (Pilar del Río) asked last November to the high court that investigated Juan Carlos I when considering that regularization did not meet the legal requirements because it was made when the prosecution had already informed the prosecutor I was investigating. In addition, the complainants argued that the crimes would not have prescribed, being aggravated facts (which have a greater time of prescription) for the use of opaque structures abroad.
The Public Ministry informed the Supreme Court against admitting the complaint, and the High Court has assumed its position, remembering, precisely, that the facts denounced were already investigated and filed by the Anti -Corruption Prosecutor’s Office, and that the complaint does not provide new data, evidence or documents that justify reopening the investigation. « In legal terms, nothing has changed three years later to raise the reasoned and congruent decision of the Prosecutor’s Office and agree on the opening of a criminal process, » said the order notified on Monday, of which the former president of the Criminal Chamber has been spent and also signed by magistrates Andrés Palomo, Ana Ferrer, Vicente Magro, Javier Hernández.
The High Court charges against the content of the complaint, which it accuses of making a “fragmented and interested selection” of the file brief with which the Prosecutor’s Office closed the investigation for focusing only on the fact that Juan Carlos I paid the taxes he had not paid before when the media had already published details of the investigation opened by the Public Ministry. For the Supreme Court, admitting the complaint « would mean converting the complainants into enthusiastic valuors of tax interests that have already been satisfied -as the public hacienda has confirmed it -and do so for the persecution of some facts that the Fiscal Ministry considers that they are already constituting a crime. »
The magistrates consider « reasonable » and « consistent with the result of the investigations » the arguments for which the Prosecutor’s Office justified the archive of the investigation and understand that those same reasons « close the door to the opening of a judicial investigation on some facts that, since now it is warned, in tune with the criteria of the prosecutor, which are not constitutive of crime, are prescribed or regularized. »
(Last minute news. There will be extension shortly.)
