In the coming days we will see how this case against the attorney general ends, in which everything is dirty, as Miguel Ángel Rodriguez wrote when transmitting his version of the agreement of conformity to various media outlets.
With the experience of the Spanish courts of justice in general and the Supreme Court in particular regarding “conformity agreements” – through which various protagonists of a tax crime try to reach an agreement with the purpose, generally, of avoiding a custodial sentence – the judicial action of which the Attorney General of the State is the subject is unintelligible.
In this case, as in all cases, it has been the legal defense of Mr. González Amador that has proposed the agreement of conformity, acknowledging in writing that his client had committed two tax crimes and then proposing an agreement to reduce as much as possible the scope of the sentence. The public prosecutor’s office cannot propose a conformity agreement, since this would mean failure to comply with the duty to prosecute the crime. The agreement of conformity only applies when the tax inspection has discovered that the crime has been committed and has thus brought it to the attention of its author. It is from that moment, and after express recognition by the author, when the agreement of conformity can be proposed. There is no other way in our legal system to put a conformity agreement into circulation.
The hoax that Miguel Ángel Rodríguez transmitted that it had been the prosecutor in charge of the alleged criminal conduct of Mr. González Amador who had proposed the agreement of conformity, and that it was the attorney general of the State who acted with the purpose of boycotting it in order to directly harming Mr. González Amador and indirectly the president of the Community of Madrid, Isabel Díaz Ayuso, was just that: a hoax. What had really happened was reversed and the Government of the Nation was accused of making political use of the Prosecutor’s Office.
In the Spanish legal system, as I just said, there is no room for a conformity agreement as Miguel Ángel Rodríguez transmitted it to various media outlets. The Public Prosecutor’s Office can never be at the origin of the agreement. The author of the tax crime must always be present, and he must expressly acknowledge it. This is what the chief prosecutor of Madrid recalled in her explanatory note with the endorsement of the State Attorney General. Neither of them can have committed any crime by denying false information.
It is impossible for the Supreme Court to ignore this. Consequently, it is not understood that, in the face of a complaint against the chief prosecutor of Madrid and the attorney general of the State for that explanatory note, instead of rejecting it outright and filing the matter, he recognizes that the crime of disclosure of information has not occurred. secrecy with the explanatory note, but begin to speculate that public knowledge of the agreement of conformity may have occurred due to a breach by the Public Prosecutor’s Office of the duty to respect the secrecy of communications between González Amador’s lawyer and the prosecutor in charge of the case.
Based on this speculation, the investigating judge has launched an unprecedented investigation, which has led to what could be described as an “invasion” of the headquarters of the State Attorney General’s Office, as if the head of a criminal organization were really being persecuted. terrorist organization or the boss of a drug cartel.
The image that is transmitted is of a lack of impartiality on the part of the Second Chamber of the Supreme Court. It gives the impression that the Supreme Court considers the presumption of innocence of the State Attorney General destroyed, but that, by not finding evidence of this, it is mounting an operation that is unbearable for the prosecutor and forces him to resign or that has a political cost. so high for the Government that it ends in its dismissal.
In the coming days we will see how this case ends, in which everything is dirty, as Miguel Ángel Rodríguez wrote when transmitting to various media outlets. his version of the agreement of conformity.
#dirty
