The party will end, but that of the ultras. Also judicial cases with political motivations, pronouncements by judges and magistrates on judicialized matters and crimes of offenses against religious feelings. The PSOE has registered this morning in the Congress of Deputies a bill to put an end to what the government understands as an unprecedented phenomenon carried out by extremist and authoritarian sectors, which is nothing more than “the systematic persecution and defamation of artists, creators, journalists and political adversaries perverting certain tools of the Rule of Law.” And it has decided to put the brakes on it with a law that cuts off the mechanisms of harassment.
No one can be caught by surprise because the Minister of Justice himself had been warning about the matter in parliament for some time when he said that “the perversion of the popular accusation by ultras and buleros is already a democratic problem” and that “far-right associations are perverting the figure of the popular accusation because they are persecuting, not crimes, but people, honest progressive politicians and their families.”
The initiative, to which elDiario.es has had access, aims for the popular accusation in judicial cases to be assigned to the oral trial phase and the initial formulation of the complaint and not to the investigation with the aim of putting an end to “the constant leaking of proceedings by accusations with political objectives and with abusive attempts to prolong and mediate a judicial process,” say socialist sources. The popular prosecution may appeal the dismissal order if it is not satisfied with the decision. The new rule also requires that in order to appear as a popular prosecution there is a “concrete, relevant and sufficient link with the public interest protected in the corresponding criminal process.” ”.
It is also prohibited to carry out popular accusations against political parties and associations or foundations linked to them and establishes the obligation to inadmiss complaints based on press clippings, already included in the doctrine of the Supreme Court on the impossibility of opening criminal proceedings with journalistic information. without the slightest hint of irregularities.
Likewise, the bill eliminates the crime of offenses against religious feelings provided for today in article 525 of the Penal Code and obliges judges to refrain from statements of political content. Failure to do so may result in disqualification. Therefore, the Organic Law of the Judiciary is reformed to include a new cause for abstention or recusal, so that when a judge or magistrate has publicly made statements in favor of or against political parties, unions, associations or other public entities or private, will not be able to participate in a process in which these people or organizations are part.
And all because in the explanatory statement, the Socialist Group understands that we must put a stop to “the appearance of manifestly authoritarian sectors that, instead of seeking a contrast of points of view based on informed debates, seek the complete exclusion of the public life of those who hold contrary positions.” In other words, limit “the use of strategies openly harmful to the fundamental rights of those people and organizations opposed to the aforementioned sectors” that have generalized “situations of harassment against certain groups, such as artists, activists, creators and also representatives political·” which are intended to “limit their rights by making abusive use of the institutions and certain legal provisions, whose configuration and real purposes are in no way intended to serve the harassment and exclusion strategies described here.”
The reform that is being promoted now, as established in its article 2, will require the modification of the Royal Decree of September 14, 1882, which approves the Law of Criminal Procedure so that popular action cannot be exercised by “the parties politicians and associations or foundations linked to them”, “legal persons or public entities of any kind and, in particular”, the Government and the General Administration of the State, the governments of the autonomous communities and those of local entities and their respective Administrations.
Those who intend to exercise popular action must act by virtue of a specific, relevant and sufficient link with the public interest protected in the corresponding criminal process. And, to this end, “at the time of appearing they must prove to the judicial authority the personal, social or professional relationship or link with the public interest that motivates their intervention in the procedure, as well as the relevance and sufficiency of said link.” However, the exercise of the popular action may be conditioned by the court to the provision of bail, “which must be proportionate to the economic means of the popular accuser, the nature of the crime and the damages and costs that may arise from the procedure, although it is already being processed. Bail will be required in any case when the prosecutor does not file the accusation,” according to the text.
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