The Supreme Court has revoked the free dismissal of the open cases against three people for the publication on Twitter of some messages, accompanied by photographs, in which a lawyer from the Administration of Justice who had testified as a protected witness in the trial was identified of the ‘process’.
The court has upheld the appeals filed by the State Attorney, on behalf of the Justice Administration lawyer, as a private accusation, against the orders of the Provincial Court of Barcelona that agreed to the free dismissal of the cases for not being the acts constituting the crime.
The Provincial Court corrected the Investigating Court No. 16 of Barcelona, which had ordered the continuation of the proceedings through the abbreviated procedure, considering that the facts could constitute a crime against the administration of justice and/or insults.
The High Court considers that the decision to freely dismiss the proceedings is premature, so it revokes it and confirms the resolutions issued by the investigating court.
In three sentences – presentation of the magistrates Eduardo de Porres, Susana Polo and Miguel Colmenero, it concludes that, at the current procedural moment, “it is reasonable to consider that the facts attributed to the accused present, provisionally, a criminal nature as understood by the Investigating Judge , so the reason must be estimated, canceling and annulling the contested order and maintaining the resolution agreed by the Instructor”.
It adds that the legal assessment of the facts will depend on the provisional qualifications of the accusations, without prejudice to the control that corresponds to the Investigator when dictating, if applicable, the order to open the oral trial.
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