The former Minister of Transport José Luis Ábalos He plans to testify voluntarily before the Supreme Court, which has assumed the investigation against him for his role in the Koldo case. As Ep has advanced and they have confirmed 20 minutes sources close to the deputy, Ábalos must still consult the decision with lawyer José Aníbal, who will be in charge of his defense. If the former minister finally refuses to declare motu proprio, the Supreme Court must send a request to the Congress of Deputies to allow him to investigate him for crimes involving membership criminal organization, influence peddling, bribery and embezzlement.
The former Minister of Transport and former Secretary of Organization of the PSOE has already asked to testify as a witness at the National Court, where the investigation is taking place against his former advisor, Koldo García, against the ringleader of the plot, Víctor de Aldama, and other defendants. But the investigating judge of the case, Ismael Moreno, decided to submit a reasoned statement to the Supreme Court so that this body could open an investigation against Ábalos.
In that writing, Moreno affirmed that there were “founded and serious” indications of the “main role” of the former minister in the corruption plot. Last Wednesday, the Criminal Chamber of the Supreme Court agreed to take on the investigation of the Koldo case, but only in relation to José Luis Ábalos. Moreno had asked to investigate him for criminal organization, influence peddling and bribery, but the high court considered that there were also indications of misappropriation of public funds. The investigating judge in charge of the investigations is Leopoldo Puente Segura, designated by distribution shift.
In its writing of November 7, the Supreme Court affirms that Ábalos “intervened” in the operations of the plot and participated in “the benefits derived from his membership and achievement of the contract.” Specifically, it stands out that Ábalos was able to enjoy “a home in the ‘La Alcaidesa’ urbanization, in Cádiz”, financed by the scheme. In addition, the leader of the corruption financed “a rental contract in an apartment located in the building known as Torre de Madrid that was used by a person, Jessica Rodríguez, with whom the accused was apparently related.”
The way of petition
If Ábalos rules out the voluntary declaration, the instructor must directly ask Congress for permission to summon him as a defendant through a request. Otherwise, the judge must listen to the former minister and decide whether to continue with the investigation (and forward the request), or archive it. According to legal sources, the most common thing is for the Supreme Court to ask the judge if he or she wants to testify before sending a written statement to Congress. Although the Constitution establishes that deputies and senators “they may not be accused or prosecuted without the prior authorization of the respective Chamber”it is very rare for the Cortes to reject a request from the Supreme Court.
This mechanism is regulated in the Criminal Procedure Law, which prevents the judge from initiating a procedure against a parliamentarian without the corresponding authorization. This must be requested through the Ministry of Justice. Once received, Congress must leave the writing in the hands of the Commission on the Statute of Deputieswhich will have to prepare a report within 30 days. The Commission’s proposal is then voted on in plenary. If Congress does not rule within 60 days, “the request will be deemed to have been denied.”
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