The Provincial Court of Soria has issued the file of the complaint filed by Christian lawyers against the elected secretary of the PSOE in Castilla y León and mayor of Soria, Carlos Martínez Mínguez, after his participation in a ‘procession’ aboard a vehicle that The ‘Papamóvil’ simulated during the Tardelcuende Patters Crime against religious feelings after paying the association the 6,000 euros bail taxes.
Christian lawyers accused the mayor of an alleged crime against religious feelings. The facts denounced indicated that Martínez Mínguez blessed the attendees using a bathroom like Hiopus, which wet in a cube with water simulating to be blessed water and threw it as a blessing. All this, reason for the Ultra -Catholic Foundation to understand that the socialist leader wanted to offend and makes Christianity’s scorn.
The Fiscal Ministry, which filed an appeal against the initial resolution of opening proceedings to which the defense joined, argued that the mayor’s conduct lacked the “objective and subjective elements necessary to constitute a crime.” This a point of the ruling, to which Eldiario.es has had access, has been signed by the magistrates in their resolution.
The Prosecutor’s Office pointed out in its appeal that the facts did not reflect a “firm, stubborn and tenacious scorn” or an “unequivocal purpose of offending.” In his report, it has been defended that the mayor’s conduct occurred in a “festive atmosphere” and that “it did not develop in a place for cult or interrupted any religious service.” In addition, they have pointed out that the act was not “objectively offensive” in the sense that defines the criminal type.
According to the magistrates, criminal law should not be used to sanction behaviors that, although they may be offensive to some sensibilities, do not meet the necessary gravity requirements to constitute a crime. “Nothing is noticed that aims at an intention to offend, hurt or disturb religious feelings,” said the car.
The ruling also emphasizes that religious freedom protected by article 16 of the Constitution includes both the material exercise of worship and respect for the religious feelings of citizens. However, in this case, it has been concluded that the mayor’s performance was not sufficiently offensive to have to be punished for justice.
For all this, the court has decreed the archive of the proceedings and has declared the ex officio coast. They have also pointed out that no ordinary appeal may not be registered against the ruling, except in the interest of law before the Supreme Court within five days.
The complaint to Martínez was stopped for months in court until after his candidacy to lead the Socialist Party, in early January. The Court imposed a bail of 6,000 euros on Christian lawyers to continue with the procedure, but that amount was not paid until January. From the PSOE they highlighted the “timely” deposit of the amount requested, which coincided with the announcement of Martínez’s new position in front of the Socialists of Castilla y León.
Within the ruling, the Court reproaches the lack of road safety, an issue that the DGT came out With a fine of 100 euros to Carlos Martínez for committing an infraction against road safety. After the sanction, the mayor of Soria considered that his performance had been “a great clumsiness” and apologized, although he refused to “consent” that this fact could serve to “harm the image of the city and the mayor’s office.” Martínez extends his apologies to anyone who could have felt offended, even from the religious point of view, insisting that there was no intentionality both PP and Vox – in the municipal opposition – criticized these actions: the PP focused more on The infraction of traffic and Vox, in religious parody.
Through a statement, Christian lawyers has announced that it will put a complaint before the General Council of the Judiciary (CGPJ) because it considers that the appeal has no suspensive effects. “In this cause we are seeing situations that are not common and others that are completely irregular. It is striking the speed that the audience has given to issue your car in this case. Irregularities have been committed, only for Carlos Martínez not to have to go to declare ”, the president of the Christian Lawyers, Poland Castellanos, has signed.
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