A clear and concise order
Finally, the Attorney General of the State, Álvaro García Ortiz, has issued a forceful order to prosecutors Fidel Cadena, Javier Zaragoza, Consuelo Madrigal and Jaime Moreno. This order refers to the requests of the criminal room of the Supreme Court on the cause of the Trial, dated June 11, 2024. According to the order, the ‘crimes subject to imputation and conviction’ are included in the scope of application of Organic Law 1/2024, of 10 June, on amnesty for institutional, political and social normalization in Catalonia.
A decision based on the law
The order of the Attorney General is based on articles 22.2 and 25 of the Organic Statute of the Ministry of Public Prosecutions, which establish the differences between the general criteria of the Public Prosecutor’s Office and the public prosecutor acting in a specific case. This decision comes after the Attorney General himself blocked the agendas of the Supreme Court prosecutors, with the aim of reviewing the application of the amnesty in relation to the Board of Prosecutors.
A different interpretation
The order of the Attorney General makes it clear that the prosecutors of the Trial case confuse the element of ‘profit motive’ required by the crime of embezzlement with the element of ‘personal enrichment of a patrimonial nature’. According to the amnesty law, these facts are not amnestiable. In addition, it is emphasized that the events did not cause direct damage to the financial interests of the European Union. Now, the four prosecutors will have to respond in writing if they comply with the order of the attorney general or invoke article 27, which would involve the holding of the Board of Prosecutors.
A normal discrepancy
The order of the Attorney General recognizes the discrepancy between the prosecutors of the case of the Process and the institution in general. It is emphasized that this discrepancy does not imply a lack of recognition of the work of the Chamber Prosecutors who have intervened to date. Rather, this discrepancy is considered to contribute to the legal debate and to the formulation of more elaborate and legal criteria and solutions.
A decision that generates anticipation
The decision of the Attorney General of the State on the case of the Process has generated great anticipation. Now, we are all awaiting the response of the prosecutors Fidel Cadena, Javier Zaragoza, Consuelo Madrigal and Jaime Moreno. It will be interesting to see how they respond to the order of the Attorney General and if they invoke Article 27 for the holding of the Board of Chamber Prosecutors.
