Article 23 of the EOMF: certifying matters by superiority

The artwork. 23 of the EOMF says the next:

The members of the Public Prosecutor’s Workplace are the authority for all functions and can all the time act on behalf of the Establishment. At any time throughout the exercise {that a} Prosecutor is finishing up in achievement of his capabilities or earlier than beginning the one assigned to him by advantage of the system of distribution of issues among the many members of the Prosecutor’s Workplace, his quick hierarchical superior could, by the use of a reasoned decision, advocate for himself the matter or designate one other Prosecutor to dispatch it. If there’s a discrepancy, the hierarchical superior widespread to each will resolve. The alternative will likely be communicated in any case to the Fiscal Council, which can categorical its opinion.

This text in my view is an actual nonsense, as it may result in abuse with out restore. I’ve lately met on the Public Prosecutor’s Workplace two certifications of this nature, one in Madrid and the opposite in Las Palmas. The one in Madrid It consists in that the Chief Prosecutor of the Superior Court docket assumes a matter through which a subordinate answerable for the identical agrees the file. The matter is advanced and has loads of crumb. The Chief Prosecutor disagrees, and points a Decree claiming the matter for additional investigation.

So far as we’re involved right now, as required by the Statute, the certiorari was communicated to the Fiscal Council months after it, however nothing greater than the certiorari decree was offered to the members. All of the documentation of the Proceedings that gave rise to certiorari, at the very least that related to know the explanations for it, was stolen from the Fiscal Council. In actual fact, the Chief Inspector Prosecutor motivated the denial on the premise that it was pointless and that it concerned secret proceedings, on January 26, with out there being a grievance within the Fiscal Council for that denial. Properly, the Fiscal Council, solely with the Decree of the Chief Prosecutor and with out additional documentation, is proven by a overwhelming majority in favor of certiorari, with the only abstention of 1 member. That is how a matter is faraway from a prosecutor.

¿How can the Fiscal Council categorical its opinion on an important matter if it doesn’t know the content material of the file (as a result of it’s mentioned to be secret, though I’ve many doubts), should you have no idea if there have been superior orders – which might solely come from the Lawyer Normal – to proceed the investigation; or even when the Prosecutor who’s faraway from the matter is just not listened to? In actual fact, what’s mentioned within the Fiscal Council is secret, then plainly collaborating within the content material of the Proceedings of the Prosecutor’s Workplace to the members to secretly debate a fundamental situation {of professional} ensures, plainly it doesn’t violate any proper of anybody.

In any case, the particular person underneath investigation, who occurred to be a Prosecutor, might have been requested right here in case he agreed that such info must be offered to the Council. However the Council accepts what they provide it silently. And it does so as a result of this physique has been inserted within the hierarchy of the Prosecutor’s Workplace for a very long time, collaborating in its vices, abuses and lack of respect for prosecutors. It does so as a result of the appointments depend upon the hierarchy, these which are voted on within the Fiscal Council however that rely so as to not overly upset whoever is in cost.

The opposite certiorari comes from The palms in a case of the utmost significance. As it’s in course of, for the second I maintain quiet about what there’s.

I believe that, or ensures are offered to prosecutors within the train of their capabilities, guaranteeing the impossibility of unchecked certifications, and the appointment system can also be regulated objectifying the deserves (within the matter of Madrid, the Chief Prosecutor who advocates has a mandate already expired), or this of fixing the legal course of to attribute the investigation to the Public Prosecutor’s Workplace goes to be a joke politics, on the service of politicians, constructed on unobjectionable technical foundations.

And the prosecutors, in the meantime secret (the data that’s provided to the Carrera on these mentioned within the Fiscal Council is scandalous), with out perceiving the unmistakable aroma that each one this offers off.

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