Although the legal qualification that the investigating judge may perform does not link to the accusations, the magistrate Ángel Hurtado delimita already in the processing order the criminal conduct attributed to the State Attorney General for The alleged dissemination of reserved data of businessman Alberto González Amadorboyfriend of the president of the Community of Madrid, Isabel Díaz Ayuso. An imputation that limits the crime of revelation of secrets of article 417.1 and 2 of the Criminal Code. That distinction is not trivial. On the one hand, revelation by an authority or public official of information that he knows by reason of his position (article 417.1) “that should not be disclosed” provides a punishment that goes from a fine and a penalty of disqualification to a prison sentence of one to three years (if there is a “serious damage to the public or third cause”).
On the other, article 417.2 of the Criminal Code includes penalties of two to four years “if they were secrets of an individual” (in addition to a fine and the suspension of employment or public office for a period of one to three years).
And it is precisely because of this last modality by which at least three of the six popular accusations consulted by reason are opting, which have ten business days (until the next day 24) to present their writings of accusations or ask for the file of the procedure.
Which means that if they accuse García Ortiz of the Crime of Revelation of Secrets of 417.2 They will request at least two years in jail for the State Attorney General, as the popular accusations consulted have corroborated to this newspaper.
In addition to the private accusation González Amador exercises, as popular accusations include the College of the Advocacy of Madrid (ICAM), the Professional and Independent Association of Prosecutors (APIF), Clean hands, Freedom and Alternative Forum, make yourself hear and Vox. The Prosecutor’s Office also exercises the accusation, but during the entire procedure he has exercised more as a defense of García Ortiz and will request the archive again.
Prevarication and even improper appropriation
But the revelation of secrets will not be the only crime that includes those writings of popular action. APIF also included the crime of prevarication (That in any case does not have prison sentence, but only of disqualification) in the brief in which he requested the prosecution of the attorney general and intends to maintain that imputation despite the fact that the instructor himself has ruled out in one of his latest resolutions that there are founded indications of the commission of this crime.
Other accusations, such as clean hands, are planned Infidelity in document custody (punished with fine and disqualification sentences). And even some accusation also considers to impute the maximum representative of the Public Ministry a crime of misappropriation (or even embezzlement) for not having returned the mobile which he used on the key dates of the alleged filtration.
“This is clearly a revelation of secrets of article 417.2 of the Criminal Code,” says sources of popular action, which consider that having occurred to an individual (González Amador) “the sentence request cannot be less than two years in prison.”
The trial, as soon in autumn
Another issues that must be weighing is if they will put on the table is the commission of A possible continuous crime“Since the instructor also refers to the Prosecutor’s Office in its resolution.” “The most complicated will be to delimit the witness list”they point out in relation to the elaboration of those accusation writings.
But, at the same time, they recognize that Judge Hurtado “has done a lot of work: the story of facts will be substantially the same” from which the instructor in his processing car detailed thoroughly.
Since some of the popular accusations are scheduled to hurry the deadline to present their accusation writings, the forecast is that Hurtado dictates the oral trial opening car as too late in early July. Once transferred to the defenses of the investigated (in addition to García Ortiz, the chief prosecutor of Madrid, Pilar Rodríguez), these will have another ten days to present their corresponding exculpatory writings.
With those forecasts, The trial could be held next fall Or as afternoon at the end of the year, although some sources rule out that it is in December, because the festivities of that month advise themselves- argue- to celebrate an oral view “of two or three weeks” without minimal continuity.