The Plenary of the Civil and Criminal Chamber has unanimously ruled out, with its five members, not applying the special jurisdiction to the former president of the Valencian Generalitat, Carlos Mazón, as it does not find “any abuse of right” in his acquisition of the status of regional deputy. The TSJ dismisses the appeals and confirms its decision not to investigate the Alicante politician for the management of the DANA
In their reasoning, the magistrates reiterate that the former head of the Consell “did not have a guarantor position” because the legislation did not specifically attribute a legal duty to act to him.
The magistrates reiterate that the former head of the Consell “did not have a guarantor position”
The order notified today states that “the defense of the reasoned exposition made by all appellants in their writings does not go so far as to provide sufficient reasons for the Chamber’s error when assessing and concluding on the guarantor position of the specially protected person and the existence of serious and well-founded indications that lead to the Chamber’s jurisdiction.”
The High Court of Valencia thus fully ratifies, and in accordance with the report of the Public Prosecutor’s Office, the order it issued on March 16, following the reasoned exposition submitted by the head of Plaza number 3 of the Civil and Instruction Section of the Court of First Instance of Valencia.
The TSJCV rejects that the appealed order has violated the right to effective judicial protection of the appellants, since this right “does not guarantee a specific result, but only the right to obtain a reasoned, reasonable and legally founded resolution.”
In this case – the Chamber points out – “the rejection is duly explained” and it responds “both to the absence of that certain level of circumstantial evidence required to understand that the active conduct of the specially protected person could constitute a crime of negligent homicide, and to the impossibility of appreciating the criminal nature of the omission attributed to the then president of the Generalitat.”
On the other hand, the magistrates dismiss the request not to apply the prerogative of special jurisdiction to the former head of the Consell, as they do not find “any abuse of right” in his acquisition of the status of regional deputy.
In this vein, they point out that he was already a deputy before October 29, 2024, and remains so today, so there is no parallel, as the appellants argued, with the so-called “Gallardo Case,” resolved by the High Court of Justice of Extremadura.
“There it was a case of supervening acquisition of the status of parliamentarian of the Cortes of that Autonomous Community by someone who until then lacked procedural jurisdiction,” specifies the TSJCV, and it had been obtained just before the opening of the oral trial, which is not the case with Mazón, who has been a deputy of the XI legislature since its beginning, on June 26, 2023.
They point out that he was already a deputy before October 29 and remains so, so there is no parallel with the “Gallardo Case”
The order made public today also dismisses the rest of the appellants’ allegations and reiterates the arguments already set out in the order of March 16, which led to its decision to declare the High Court of Justice incompetent to investigate the former president of the Generalitat and to archive the proceedings.
In this way, it refers to the jurisprudence of the Supreme Court and insists that the analysis of regional regulations “unequivocally shows” that the then head of the Valencian Government “was not attributed a legal duty to act” in the management of the emergency, and therefore did not have the guarantor position.
On the other hand, the TSJCV reiterates in this resolution that it does not find the solid and qualified indications of crime required by jurisprudence, regarding the alleged active participation of the specially protected person in sending the alert message to the population.
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