The governing chamber of national Audience adopted on 20 November new rules on issue of issues that will assume that Judge Julio de Diego will be left out of court to prosecute so-called Bárcenas case, separate part of Gürtel case On PP box B of Diego was magistrate who last May forced, with his favorable vote, that president of government, Mariano Rajoy, had to testify in person on July 26 in central trial of plot of corruption.Learn More
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The new rules of delivery, agreed by President of Criminal Chamber of Audiencia, conservative conception Espejel, with presidents of four penal sections of Tribunal will also imply, according to judicial sources, that magistrate Progressive José Ricardo de Prada will no longer be in charge of paper (writing) of sentence in trial on parallel accounts of party.
On April 3, a Providence – Judicial resolution for secondary affairs-of second criminal section of hearing established that Court of Justice of Box B would be chaired by same three magistrates who have prosecuted case Gürtel : The President (and speaker) Ángel Hurtado, of conservative sector, and judges of Diego and Prada. The new rules of delivery shall apply to all cases except those in which oral trial was initiated. This implies, according to judicial sources, to leave providence of April without effect and that Court of trial of Box B, for which it has not yet set a start date, has a new composition.
According to judicial sources, Hurtado and Diego will leave court, and ir posts are occupied by President of second section of criminal, María José Rodríguez Duplá, and magistrate Juan Pablo Gonzalez, who shall carry paper. Prada is held in court, but new rules deprive him of writing of most politically sensitive sentence for People's Party. According to legal sources, this court would be much less inclined to recite President Rajoy in case popular accusations were requested, as happened in trial of Gürtel case.
of Diego and Prada presented a letter in which y showed ir conformity, in general, with new rules of assignment of papers and issues, but in which y requested that composition of those courts that were already expressly set forth above, as is case of box B judgment. It also alleged advisability of not modifying composition of courts in "particularly sensitive" procedures.
These petitions were unanimously dismissed by governing Chamber of national audience, including, among ors, president of Audiencia, José Ramón Navarro, and presidents of Social halls, Ricardo Bodas; Of contentious, Eduardo Menéndez, and of Penal, Concepción Espejel. Legal sources emphasize fact that Espejel did not refrain to participate in vote in which proposals of Prada and Diego were rejected despite having been removed, when he was president of second section of criminal, prosecution of Different pieces of case Gürtel for lack of appearance of fairness due to its supposed proximity to Popular party.
The Government room justified adoption of new rules of delivery in departures of several magistrates of audience and in incorporations of Espejel as new president of room of Penal and of Rodriguez Duplá as new person in charge of section second of what Criminal. "It is not possible to establish two models of composition of tribunals, which distinguish between causes of special sensibility and those that are not, because law does not contemplate this distinction." Moreover, re is no way to establish objective criteria, which distinguish between sensitive causes and ordinary causes. If this were to happen, it would be necessary to establish why a cause is particularly sensitive and which is not, which would be prejudging on m, ' unanimous resolution of governing body of national audience.
Sources of hearing point out that new standard of distribution does not only follow usual criterion that president of each section presides over all trials he wishes to direct. If Concepción Espejel was not able to preside over trials of Gürtel case, which relapsed in second section was because he was challenged and removed along with his former colleague of tribunal Enrique López. After its arrival, new President Rodriguez Duplá has decided to continue with this criterion, thus changing composition of all trials that reach section, for which it has been necessary to change rules of delivery.