スペインのマドリッドの裁判官は、9/25にスペインの議会周辺で政府の 財政削減政策に反対する抗議デモでの34人の逮捕者を国家に対する犯罪であるとして国立裁判所に送る
La juez devuelve el caso de los 34 detenidos el 25-S a la Audiencia Nacional
Les considera posibles autores de un delito de invasión con fuerza o intimidación del Congreso
La Audiencia ya rechazó hacerse cargo del caso tras recibir el atestado policial
Toda la información sobre el 25-S
Mónica Ceberio Belaza / F. Javier Barroso / Manuel Altozano Madrid 1 OCT 2012 - 12:30 CET
The court returned the case of the 34 detainees on 25-S to the National Court
We considered possible perpetrators of the crime of invasion force or intimidation of Congress
The Court has already rejected take the case after receiving the police report
All information about the 25-S
Monica Ceberio Belaza / F. Javier Barroso / Manuel Altozano Madrid 1 OCT 2012 - 12:30 CET
The coroner Plaza de Castilla which dealt with the case of the 25-S arrested during marches held in Madrid under the slogan Surrounds Congress returned the case of 34 arrested in the High Court. Although the court said Friday that it was not competent to judge these facts because they had committed crimes against the state, the judge thinks so and forwarded the matter to the Court. The order may be appealed by the parties. Lawyers for those arrested are now studying the content of the resolution.
moreThe judge frees 34 detainees but complained of a crime against the stateA potpourri of angry and left-wing groupsThe convener of the 25-S: "Silence is the best way to defend myself""You're crazy! You're crazy! "
The judge on Friday charged 34 detainees, in a car for all generic, without specifying, crimes of "attack, and against the high resistance state institutions". Lawyers have jointly appealed this ruling because they claim that during the hearings the judge asked no questions about whether Congress arrested assaulting thought out or prevent the deputies or somehow disrupt the order in the House, as reported by scholars Beatriz Monastery and Raul Maíllo. The lawyers expected today following implementation of the specific charge for each.
But the judge opted for a different solution: in the 34 cases is inhibited in favor of the National Court. Consider that there is evidence of crimes against the state and, moreover, the police report is an extension of the open proceedings in the High Court against the promoters of the march, with the judge because Pedraz in which there are eight defendants. Sources indicate that the High Court last week declined jurisdiction after reading precisely those measures its extensions.
The crime for which the judge sees evidence of crimes is enshrined in Article 493 of the Penal Code, which states: "Those who, without raising publicly invadieren with force, violence or intimidation headquarters of the Congress of Deputies, the Senate or Legislative Assembly of the Autonomous Community, if collected, will be punished with imprisonment of three to five years. "
We like to know who added that offense [against institutions], because there is not even evidence
One of the defense lawyers
"Neither of reading rights in the police or the court, or the crowded, nor of the questions asked by the judge and the prosecutor shows that detainees can complete the type contained in that article," said Erlantz Ibarrondo, lawyer Three of the detainees. "We would like to know who it is that has added that crime, because no crime enough, not even evidence to imputárselo. View this after having been last week for six or eight hours in legal limbo is strange. "
The arguments raised by the judge, in the car, are the same as that contained the police report was sent first to Pedraz and this, with the agreement of the prosecution, found insufficient evidence to assess crimes against the state.
"On the 25th went to the scene of the call the protesters, which they found that the police were there to protect the development regulate the plenary that was unfolding in Congress," the self. "The police had put up fences for this purpose. Throughout concentration caused incidents occurred because some of the participants tried to go beyond the security perimeter established by the Congress of Deputies, and prevent their Lordships leave the floor, threw objects at police officers who were there, assault occurred, demonstrators also trying to jump the fences of protection. "
The judge said the protesters wanted "a break with the existing system by the resignation of the entire Government, the dissolution of Parliament and head of state, abolition of the current Constitution and start the process of creating a new system political, economic and social. "
Now, notwithstanding what may happen with the resources, Madrid judge must send a copy of the proceedings to the court this Pedraz to be the one to decide whether to assume the case or not, but most likely not then given his statement last Thursday. In that case, Judge Madrid must raise an issue of jurisdiction in the Criminal Division of the Supreme Court, which will decide which court is competent.
The decision of the magistrate court in August of Madrid has caused surprise in the High Court because the court had already ruled on the issue. The judge makes the decision for the 34 joint although it had opened separate piece of each individual to investigate their conduct. Among those sent to the High Court is also the person arrested in a bar in Atocha by allegedly throwing a glass at a police officer, an incident that occurred a mile of Congress.
The two judges of the courts 12 and 26 - who investigate the alleged crimes of those arrested in the demonstrations on Wednesday (3) and Saturday (2) have not appreciated crimes against state institutions. No accumulation has asked her five court cases to number 8 and so far have agreed inhibited in favor of hearing.
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