Judge dismisses generalitat can act as charge in ‘Pegasus case’


Magistrate of the National High Court holds that the law does not provide for public legal entities to act as a popular charge

With Minister Margarita Robles, Director of CNI, Esperanza Castellero (right) and former Director Paz Esteban.
With Minister Margarita Robles, Director of CNI, Esperanza Castellero (right) and former Director Paz Esteban.Alberto Di Lolli

The Generalitat de Catalunya would not be able to exercise the charge in the Pegasus case. National High Court JudgeJose Luis Calama has rejected their request to appear as a popular allegation, holding it “obviously clear” that there is no specific legislative authority for public legal entities, as is the case with the Generalitat, to take popular action. to be able to.

The judge’s order incorporates the principles of the Constitutional Court and the Supreme Court in this regard, which establish that the normal system of criminal procedure law does not allow the presumption that public entities may exercise popular prosecution.

The magistrate also noted that this legitimacy could be supported by the statute of Catalonia, as the Generalitat argued in its petition before the court.

The magistrate’s conclusion coincides with that of the prosecutor’s office, which also saw the Catalan government’s request not feasible. The order highlights that public action for its practice in criminal procedure specifically corresponds to public ministry, “having no place for exercise by popular legal persons outside of cases in which this possibility is legally considered.” Has been done.” , without having any specific legal provision in the present case in which the person sought by the Generalitat may be protected”.

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cause of Central Court of Instruction No. 4 Focuses on alleged spying of the Prime Minister, Pedro Sánchez and ministers Margaret Oaks You Fernando Grande-Marlaska You louis plane, in this last case in the provisional degree. Access to the data on their mobile phones would have occurred through the transition to the Pegasus program.

These infections have been proven National Cryptologic Center (CCN), dependent on CNI. On the other hand, the platform civil laboratory revealed that as per their study, 63 figures related to the freedom movement were also spied on. Those matters—including the affairs of the President as of today, Peter AragonsThey are not investigated in the National High Court.

To exercise the charge, the Generalitat still has the possibility of appealing to the Criminal Chamber. In any case, if his appeal is considered of little use for the time being, because the case has been declared secret, which means that only the prosecutor’s office has access to it.

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