One of the accusations of the Ábalos case resorts to the constitutional that the PP represents them

Lawyers Alexis Aneas and Immaculate Jaén have asked the Court of Guarantees After not progressing your appeal Against the decision of Judge Leopoldo Puente to unify all the accusations and allow only the PP lawyer to be in the room where witnesses and investigated during the instruction have been declared.

They consider that unification, as agreed, violates defense rights without helplessness and With all guarantees in equal weapons Already the assistance of the article 24 of the Spanish Constitution and the constitutional right to exercise the popular accusation of article 125 of the Magna Carta, according to the Amparo appeal to which ABC has had access, in which in which They ask for the suspension of said unification.

The representatives of the Association see that, although the Criminal Chamber, in its order of December 11, 2024, confirmed the unification of popular accusations, did not indicate, as the instructor magistrate decided, that “said unification implies the exclusion of the appearances of the investigated or witnesses, nor the restriction of not receiving judicial notifications but through only and exclusively by the designated popular accusation ». Nor did the Second Chamber clarify whether that was what the car implied when Liberum requested a car clarification.

Immediacy of instruction

For the recurring, “not attending the Declarations of the investigated And/or witnesses, it is prevented in real time to know the manifestations expressed in these appearances, thus infringing the principle of immediacy that must govern, except for legal imperative, the actions within the instruction phase ».

«And, it can’t save this inferiority of conditions -Continuan- to the use of recording, telematic or other mechanisms, as it would be subject to their effectiveness and, in any case, always late to the popular accusation and defenses that, in real time they have access to the statements. This temporary lag of information to popular accusations cannot be saved by the good faith of the assistant lawyer who, like any person, can understand or interpret The words poured by the investigated and/or witnesses subjectively ».

For Liberum, «this work capacity deficit of the rest of popular accusations, has been accredited on December 12, 2024, before the statement of Mr. José Luis Ábalos Meco since, during that day, during that day, Popular accusations do not receive exact communication of the content of the celebration of the sight indicated, so it was impossible to exercise its constitutionally attributed functions in art. 125 of the Spanish Constitution ”, complain to the Constitutional.