The national court has denied Congress of Deputies access to reports of summary of Bárcenas case, on box B of PP, to be used in parliamentary Committee on financing of conservative training. The second section of criminal hearing decided on 22 November, by a majority, not to give chamber a number of documents-in particular police and Treasury reports-which it requested. According to court, documents are reserved until opening of oral judgement-something that has not yet occurred-and if se reports were given, "presumption of innocence" of defendants "could be compromised" by a "parallel investigation not "Subject to guarantees of criminal proceedings."Learn More
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The resolution has a particular vote of progressive Magistrate José Ricardo de Prada. This disagrees with opinion of or four members of second section: "There is no reason why what is accessible to parties and, legitimately, by way of se, to general public, is beyond access of a parliamentary committee of inquiry" ".
The majority sector, in its car, distinguishes between concepts of "publicity" of judicial processes and diffusion of se. According to m, " socaire of advertising does not fit" to preach indiscriminate access to documents and judicial proceedings that can jeopardize rights that attend subjects of process. ""
Prada also rebates this argument. According to him, distinction between publicity and diffusion "in addition to lacking any legal support, is not at all applicable to this case". The dissenting magistrate considers that submitting documents requested by Commission "does not imply or imply indiscriminate dissemination or dissemination of this".
The judge of Prada considers that his companions of court make "a mere general questioning of work of Committees of parliamentary investigation" when se coincide with prosecuted matters. "The object of a parliamentary investigation is in no case to determine responsabiildades penal but political, on matters of general interest to citizenry, as is a possible case of corruption," recalls dissenting magistrate. "The conclusions that are reached, whatever y may be, leave perfectly untouched right to presumption of innocence, will not be binding on courts or affect judicial rulings," he adds.
In case of Box B, he recalls Prada, "Parliamentary research does not refer to people, but is related to a political party," which, moreover, is not accused in criminal proceedings of national audience.
The Central criminal court, in same sense, has also denied Parliament access to police reports of Valencian branch of Gürtel. These resolutions have endorsement of prosecutor's office.