The Central Court of Instruction number 6 of the National Court (AN) has rejected the personification as popular accusation requested in a “personal capacity” by the spokesperson for the Marbella PSOE, José Bernal, in the case of the mayoress’s husband – processed for allegedly “criminal organization” and “money laundering from drug trafficking” -, arguing that neither in the indictment nor in the investigation carried out “indications have been revealed that reveal the type of conduct” referred to by the applicant, regarding possible relationships of public officials with the alleged crimes.

According to an order issued by the AN last Monday, to which this newspaper has had accessthe petition was transferred to the Public Prosecutor“evacuating it through an opinion presented on November 18, 2022”, a judicial decision before which it is “appeal for reform within three days before this Central Court.”

In the document, magistrate Manuel García Castellón points out that in the present case, José Bernal requests in a “personal capacity” the appearance as popular accusation, who refers in support of his request “that He is a councilor in the Marbella Town Hall and has become aware of the existence of a procedure in which there could be activities of the investigated in the different parts into which it has been broken down” itself, which “could have harmed the interests of that City Council, or even have used it -allegedly- for money laundering activitiesalways in an indicative manner”.

Bernal’s petition states in his arguments that for this reason, and “given that the alleged crimes under investigation could have a connection to activities and/or decisions by action or omission carried out by public officials and in which there could be, presumably, an irregular allocation of public funds, is of great interest as a representative of the citizens to exercise the popular accusation in the present proceduredoing so in a personal capacity and in the aforementioned condition.”

In this sense, the Public Prosecutor’s Office in its report highlights that “the popular accusation consists of the power to appear in criminal proceedings without being the direct victim of the criminal act, which occurs in this case when dealing with crimes against public health and others, whose protected legal rights would not admit the figure of the private prosecution”, according to the order of inadmissibility.

Likewise, the Prosecutor’s Office points out in its opinion that “the exercise of popular action requires the filing of a complaintmainly because it requires the fact finding for which it is intended to be exercised”, and even if it were interpreted that “it is not necessary for a proceeding already initiated, a joint interpretation of such articles would require at least a determination of facts (not of possible crimes in general) for which personification is intended.”

Likewise, the order indicates that the appearance as popular accusation “would require the posting of a bond”, while “the applicant intends to appear at a time when the indictment has already been issued that has transcended the media, but does not specify the facts for which he intends to appear.”

In this way, the Public Prosecutor’s Office resolves that “in the description that is made of the facts in the indictment there is no mention of any public office that by action or omission could be related to the crimes mentioned, nor is it mentioned either the existence of any irregular destination of public funds. Nor is it stated in said facts that the Marbella Town Hall has been used to carry out possible money laundering”.

Thus, the Prosecutor’s Office has rejected the appearance of Bernal in the legal case because “the indictment establishes the facts that are the object of the procedural debate to the point that it would be necessary to proceed to the extension of the same if it were intended to include other new ones” and “in the research carried out no indications have been revealed that reveal the type of conduct to which the applicant refers”.

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