The Popular party seeks to avoid trial by destruction in year 2013 of computers hard disks of extreasurer of formation Luis Bárcenas when judge of national audience Pablo Ruz investigated box B of formation. The government party is prosecuted as a legal person in this case for computer damage and cover-up, along with its current treasurer, Carmen Navarro; Lawyer Alberto Durán, and responsible for informatics José Manuel Moreno.Learn More
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As a last resort to avoid bench of defendants, PP has invoked so-called loot doctrine, jurisprudence of Supreme Court of year 2007 which states that in crimes in which re is a direct disadvantaged can not hold a trial if y do not accuse or The prosecution or interested party. In this case, prosecutor of Madrid, directed by José Javier Polo, does not appreciate crime and has requested file since beginning of investigation. In addition, Extreasurer Luis Bárcenas, as owner of destroyed hard disks, desisted from penal action in September 2016.
The cause has been sustained with popular accusation headed by United Left, Observatori DESC and Association of Democratic Lawyers for Europe (Adade), also persons in investigation of Box B of PP that is followed in national audience, so-called case Bárcenas.
The loot doctrine was implanted in 2007 and served to file case for crime against public Treasury that was followed against deceased president of Banco Santander Emilio Botin. The PP now asks judge of Madrid Rosa Freire, who investigates case computers, to apply it to crimes of computer damage and cover-up, and avoid becoming first Spanish game submitted to trial since in 2012 law regulates possible Criminal responsibility for political formations and trade unions.
In his writing, PP lawyer, Jesús Santos, recalls that, according to supreme, "it is not possible to maintain a criminal case open only at behest of popular accusations." The lawyer states that " alleged aggrieved of crime [Luis Bárcenas] has no interest in continuing criminal process" and "also does not concur general or public interest that Fiscal Ministry holds".
According to Santos, crime of computer damage – responsible of systems of PP allegedly formatted up to 35 times hard disks of Bárcenas-is a crime of private character and Bárcenas, which desisted from accusation, is " only holder of legal good "Protected" by that penal type. The lawyer, a former prosecutor of national court, points out that, if crime of damages cannot be judged, it is not possible to conceal it, which necessarily derives from it.
On November 16, fourth section of Provincial court confirmed processing of PP as a legal entity. The Court recalled in that resolution that computer Moreno made deletion of hard disks of computers of Bárcenas, according to him, after verifying that se storage devices were empty. Bárcenas, before retiring as an indictment, pointed out that in one of deleted hard drives re was data on management of Box B of party as listings of donors, schedules of people with whom he had met, receipts of payments with parallel accounts , Excel spreadsheets with election campaign budgets or account details in Switzerland.