The Civil and Criminal Chamber of the Superior Court of Justice of Madrid has rejected for processing the complaint filed by Begoña Gómez against the judge investigating her, Juan Carlos Peinado, for continued crimes of prevarication. It is the third complaint against the instructor that the magistrates reject, including the one filed by the President of the Government, Pedro Sánchez, using the State Attorney’s Office.
In a resolution notified this Wednesday, the magistrates unanimously resolve that “there are therefore no reasons to consider the crime of prevarication committed in the terms that this crime has been described by our jurisprudence” in the battery of resolutions that had been challenged by the defense of Gómez to maintain that the magistrate was carrying out a prospective investigation knowingly and arbitrarily in his orders and rulings.
After analyzing the document, the Chamber states that “of these resolutions” detailed in the complaint, “some are not within the jurisdiction of the accused magistrate and others have not merited the formulation of the appropriate appeal by the complainant” and, “of those that have have been appealed, some have been confirmed by the body objectively competent to do so, which in this case was the Provincial Court, and others revoked, so the procedure has been redirected in terms that are not harmful to the rights of the complainant.
«For the most part, these are resolutions that either do not have relevant effects on the case, or do not contribute any substantive content to the investigation or, in short, have not disturbed the procedural rights of the defendant, a disturbance that is essential to consider the existence of the prevarication attributed to the defendant,” the resolution says. And, with respect to those that were revoked by the Provincial Court, they did not, in the opinion of the magistrates, show “the tortuous departure from the norm that the complainant alleges.”
«There is no departure from the logical interpretation of the order that is of such an entity that it allows us to conclude that the application of the law and the resolution itself are arbitrary. Therefore, there are no reasons to consider the crime of prevarication committed in the terms that this crime has been described by our jurisprudence,” they point out before signing that the complaint is inadmissible for processing.
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