The revelation of messages from the President of the Government, Pedro Sánchez, to José Luis Ábalos, beyond leaving the close relationship between them even after their cessation, And the animosity of the PSOE leader towards his “barons” More answers, has no criminal relevance for judicial investigation to the former Minister of Transportation, legal sources coincide. But beyond that appreciation, on the other hand, the messages disseminated by the world yes They can mark the course of the magistrate instruction of the Supreme Court Leopoldo Puente to the extent that they end up joining the procedure.
And it is that being facts outside the object of the procedure –The alleged Awards for the benefit of the “Koldo plot” in exchange for gifts and payments in metallic – if these data – including two pendrives intervened to Koldo García, exassor of Ábalos, during the registration of his home in February last year – add to the investigations of instruction and, therefore, there is transfer of them to the parts person in the cause, The risk of nullity of the procedure It appears on the horizon.
For that, we will have to wait for the report that the Central Operating Unit (UCO) of the Civil Guard will deliver to Judge Puente about the analysis of all the information seized to Koldo García. An opinion that should be Intimate data screening or alien to the object of the cause. Extreme this regard to which judges are usually especially cautious to avoid stepping on the red line of nullity.
It is enough to remember that in an equally media investigation such as the one that will sit on the bench to the former president of the Generalitat Jordi Pujol and his children by illegal association, money laundering and tax fraud, among other crimes, the instruction was delayed more than two and a half years for Clean the private data summary of the Pujol family, that recurrently complained that the proceedings continued to include intimate information of the accused that should be purged and separated from the summary, as happened.
Not in bucket, the defense of Ábalos – which has already been scrambled several times against the seizure of those data that he considers oblivious to the procedure – will make his right to privacy to try to knock the instruction due to violation of fundamental rights.
But for that to be so, that information must be part of the cause – something that, for now, has not occurred and that it seems complicated that a magistrate of the Supreme Court allows it to happen, compromising the course of the investigation. So far, the filtration of these messages – of which both the UCO and the Ábalos itself or the surroundings of Koldo García – will give an investigation by revelation of secrets, usually condemned to the archive in similar cases (thus has happened, for example, in judicial investigations such as that of the 11M attacks or the one that sat on the bench to the Infanta Cristina by the “case” would be acquitted by the Provincial Court of Palma).
The sources consulted point out that, if the information has been disseminated by the environment of Ábalos, it would be a reaction to the fact that the Anti -Corruption Prosecutor’s Office You have also put the focus on your son Victor –The judge has commissioned a report on his assets to the Civil Guard in search of Rastro of possible payments of the “Koldo plot” to the former minister-. It would be, in that case, a warning to navigators to try to protect your family from judicial investigation.
Revelation of secrets
Something similar to what happened in his day, without going any further, with The former PP Luis Bárcenas And his papers on the “Box B” of the PP, a succession of revelations about his former party that was redoubled at the moment in which his wife, Rosalia Iglesias, was also charged (would finally be convicted) by the media “Gürtel case.”
Article 197 of the Criminal Code punishes with prison sentences from one to four years to whom «to discover the secrets or violate the intimacy of another, without their consent, He seizes his papers, letters, email messages or any other documents or personal effects ». In addition, it provides sentences of Two to five years in prison “if the data is disseminated, revealed or yielded.
For this same crime, the State Attorney General, Álvaro García Ortiz, on account of the Dissemination of reserved data from the boyfriend of Madrid president Isabel Díaz Ayusobusinessman Alberto González Amador (specifically an email of the month of February last year in which his lawyer admitted the fiscal fraud imputed to him to reach a pact in accordance with the Prosecutor’s Office).