The lawsuits and complaints against the president of the Generalitat, Pere Aragonès, and the consellers Jaume Giró and Laura Vilagrà for the guarantees to those indicted by the Court of Accounts have not even passed the first judicial examination. The Superior Court of Justice of Catalonia (TSJC) has ruled out investigating the top officials of the Government by not appreciating “criminal relevance” in the decree they signed to allow the Catalan Institute of Finance (ICF) to provide the defendants with bonds.
Convictions on costs and reproaches of the Supreme Court: the failures of Vox in Justice that silences the party
In an order, the Civil and Criminal Chamber of the TSJC, in accordance with the criteria of the Prosecutor’s Office, agrees to reject for processing the complaints presented by Vox and the Catalan Civic Coexistence entity (CCC) as well as the complaint of the leader of Ciudadanos en Catalunya, Carlos Carrizosa, against Aragonès and his councilors for the crimes of prevarication and embezzlement of public funds.
The Government authorized last July by decree to the ICF to lend Artur Mas, Carles Puigdemont, Oriol Junqueras and the rest of the exalted charges prosecuted a guarantee to cover the bail of 5.4 million euros in the cause opened by the internalization of the process. The Court of Accounts rejected the Government’s endorsement and initiated the seizure of their assets from the defendants.
In addition, Vox, CCC and Ciudadanos initiated the criminal procedure for the guarantees, cut short by the TSJC. The court rules out the crime of prevarication because the decree of the Government was a “genuine political act” issued on the basis of powers recognized in the Statute, whose legality control must be carried out by the Constitutional Court.
Nor do the trials appreciate the denounced crime of embezzlement. “Nothing allows us to affirm that the legal framework approved by the Government is arbitrary by itself and that it makes possible an unfair administration of public funds without further ado,” points out the TSJC, which highlights that the decree enables a loan for bonds that must be returned in final conviction case.
According to the judges, if the thesis of the complaints from Vox, Ciudadanos and CCC were taken “to the last consequences”, “any possibility” of granting coverage to a public servant would be denied against the risk of suffering financial damage due to his performance in the administration that has yet to be judged, as is the case in the case of the Court of Auditors. This situation, the judges emphasize, “lacks express support in any mandate from the constitutionality bloc.”