The Prosecutor of the Supreme Court has requested the inadmissibility to process and the file of the complaint That former Magisterads of the High Court and Ex -Fiscal presented last November against King Juan Carlos for several crimes against the Public Treasury allegedly committed between 2014 and 2018.
In a 30 -page letter sent to the Supreme Court, to which ABC has had access, prosecutor Fernando Rodríguez Rey ensures that the complaint «does not contain acts of criminal relevance“And criticizes” inaccuracy “and” lack of clarity in the story of facts “prepared by the signatories of the complaint.
This is Santiago Alba Rico, Clemente August Liñán, Pilar del Rio Sánchez, Carlos, Jiménez Villarejo, José Antonio, Martín Pallín, José María Mena Álvarez, Miguel Mora Díaz, Javier Pérez Royo, Josep Ramoneda Molins, Eduardo Ranz Alonso, Blanca Rodríguez Ruiz Joaquín Pablo Urías Martínez and Eduardo Ranz Ranz Alonso.
They all hold in the complaint that such crimes would have committed after its abdication to the crown of Spainwhen, therefore, “he no longer enjoyed the prerogative of inviolability and irresponsibility that article 56.3 of the Constitution gives to the one who holds the dignity of King of Spain and is head of the State.”
However, as the prosecutor explains, the facts subject to the complaint were already investigated by the Supreme Prosecutor’s Office. Then, he filed the proceedings because Don Juan Carlos had regularized his tax situation by paying 678,000 euros on December 9, 2020 and 4,395,000 euros on February 2 and 3, 2021before knowing that there was an investigation against him for fiscal fraud.
The prosecutor is hard against the complainants: «It must be noted that the complaint of the complaint does not contain an orderly exhibition and clear of the different economic operations that were subject to investigation at the headquarters of the Prosecutor’s Office. Neither of the different reasons that justified the archive of each of them ».
It also accuses them of not expressing “sharply” what are the concrete facts, “among all those referred to in the text of the complaint”, on which the imputation of the five fiscal crimes not properly regularized is based, “Not even the concrete tribute fraud».
Thus, the prosecutor intuits that “it seems to refer to the personal income tax linked to the expenses made by Don Juan Carlos de Borbón y Bourbon after June 19, 2014“That they were listed by the Zagatka Foundation and from which tax contingencies would result in IRPF in 2014 to 2018,” he explains.
But the prosecutor does not stay there. Consider that it is an initiative «certainly peculiar“Because” the ‘review’ in judicial headquarters “of a file decree dictated in such proceedings is intended. “And it is done,” he continues, “on the part of those who were not complainants or, of course, part of those prosecution proceedings, and therefore, They did not have access to the acuity». As a consequence, he concludes, they cannot appeal or present any appeal.
It does not provide data
Prosecutor Rodríguez Rey explains that the complaint «does not provide data, facts or different or additional test sources»To the contents in the file decree of the Fiscal Ministry and does not attach any documentation that supports the imputation. «It is still paradoxical that, after about 2 years and 8 months, a complaint is filed based on a decree that agrees, precisely, is the file, is the file And without another basis than the resolution itself”He adds.
In conclusion, the Prosecutor’s Office accuses the complainants of presenting a story «compressed and incomplete“Of the facts that were investigated and of the actions developed,” without due order and systematic, which omits relevant data and incurs in certain inaccuracies. ” Among the latter, he points out as the most «striking»Those that relate the archive due to tax regularization with the funds that the king« received through the Lucum Foundation or with donations of which he was beneficiary by transfers from Allen by Jesús Sanginés Krause through Nicolás Murga Mendoza ».
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