The TSJ gives folder to Mazón research for its DANA management

Pocazo to the investigation into the president of the Generalitat, Carlos Mazónfor its management of the DANA on October 29. The Civil and Criminal Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has dismissed two supplication resources filed against its previous order on December 23, which the Plenary of the High Court agreed to the inadmissibility of the complaints and Complaints against the Chief of the Consell.

In this new resolution, to which ABC has had access, the Chamber coincides with the criteria of the Fiscal Ministry and rejects the violation of rights that the recurring-iostitia Europe and Fetap-CGT-, while indicating that the indications provided by These “are clearly insufficient and unfounded in order to apply the competence standards associated with the prerogative of aforement.”

«Not only do they not allow to grant the data offered the consideration of decisive indications, but also approach us to a extremely complex research In order to demarcate behaviors -the institutions and organizations involved as well as the people involved in decision -making are numerous -and finding indiciarious elements quite referred to both the criminal character of the facts -and in this phase only the omission of duty is mentioned of relief and administrative prevarication with some insinuation regarding homicide-, as to the involvement in them, intentionally or in their negligent, agorado case, ”says the car.

The magistrates argue that “absolutely the criminal character of each and every one of the aforementioned facts in the complaints and complaints presented”, but explain that the archive of the same “is protected in the absence of sufficient indications to impute these facts to the aforementioned person and thus assume the special competence »that is legally attributed to the Superior Court.

In this way, the magistrates estimate that the investigation must go through an instruction court that, if they find sufficient indications in an aggressing, as is the case of Mazón, will send a justified exhibition to the TSJ, pointing out the reason for rejecting complaints in pure competition Judicial, without denying that they can constitute a criminal illicit, but attending to the absence of rational, serious and founded indications.

«Despite insisting on the crimes committed and the information provided, the orphanhood of serious and founded indications that lead to the competence of the Chamber is maintained, having, consequently and as the Fiscal Ministry appreciated, the decision of inadmissibility and file and archive », Provided on the basis of the provisions of article 313 of the LECrim, according to the order advanced by the provinces.

“Light insufficient and unfounded indications”

Thus, they estimate the indications offered by the recurring “clearly and unfounded” in order to apply the competence standards associated with the prerogative of aforement functional or other, of the position held by the complaint, limited to identifying as such: one «supposed inaction of the accused before the alerts issued by the AEMET since October 25, 2024 »and the italic is ours allowing to highlight the words of the appellant that move away any idea of ​​solidity; the non -timely activation of the Special Emergency Plan for the Risk of Flood (Patricova) »; the lack of request for national resources; and attributing to the late alert to Valencian citizens the cause of hundreds of dead and thousands of material damage ».

The magistrates, in addition, remember that “the principle of guilt for their own fact, inspiring of criminal law in a democratic system, prevents it from being able to be able to objective powers of criminal responsibility for the mere fact of the position or position it occupies a concrete person in the field of an organization, by erroneous or ineffective that can be considered the decisions taken ».

In this regard, they insist that in the resource there is no facilitated indication element that was endowed with those characterizations “of seriousness and robustness enough”, or in relation to the two typical behaviors mentioned by iustitia Europe or with any other, that allow applying the Personal jurisdiction.

«You want or not, the information that works in the resources subject to examination, in addition to demanding various checks, They do not allow connecting concrete behavior of the aggorated with this situation of helplessness that demands the crime of omission of the duty of relief, and even less provide data that authorize to infer that, knowing a situation of these characteristics with respect to a given person, the president of the Generalitat decided not to act », wields.

And the same goes for the imputed prevarication, since it argues that it is not seriously explained that the omissions attributed were of the exclusive competence of Mazón and that they were located outside the legal system. «It was needed to contribute those solid indications that, beyond the subjective appreciations Of the complainants and complainants, they will authorize both to face our Ratione Persee competence, as well as avoid and according to the Supreme Court in similar cases, the beginning of a prospective investigation, a kind of ‘general cause’ for the investigation of what happened during Dana management, ”they point out.