The National Police wants to enter Congress in search of evidence against former PSOE deputy Juan Bernardo Fuentes Curbelo, whom they consider to be the leader of the corrupt plot that gives its name to the so-called Mediator case. Specifically, the Technological Crimes Unit pursues, it says in the brief filed before the magistrate investigating the matter, “unrestricted and exclusive access to the office of the Congress of Deputies” assigned to Fuentes Curbelo, Tito Berni for the ” criminal organization”.
In the absence of the judge ruling, the Prosecutor’s Office has exposed its position on the matter and has left the entry of the agents into the compound in the hands of the Lower House. The Public Ministry considers that only this authorization would empower the investigators, he argues, to access the “computer material” of the former PSOE deputy Antonio Fuentes Curbelo.
In the letter, which EL MUNDO has had, the prosecutor Jaime Serrano-Jover insists that he cannot pronounce himself in favor of the Police entering the building – it would be the first time that this situation occurred in Congress – as requested by the unit last Tuesday. To support his refusal to rule in favor of this unprecedented record to date, he turns to the Constitution.
“Assessing article 66.3 of the Spanish Constitution, which provides that the Cortes Generales are inviolable, the Public Ministry cannot rule in favor of what was requested in the previous official letter,” says the prosecutor. Immediately afterwards, he makes a composition of the place and the specific situation of the former deputy. “Although it is true that there is an open criminal procedure and that the petition made has already been agreed with respect to the personal address of the person investigated and the legal addresses linked to it, such a claim cannot be extended to what is requested today.” However, Serrano-Jover provides solutions so that the entry requested by the agents can be carried out.
“With the objective of complying with the purpose pursued by the investigation and in particular with the requested measure, the Public Ministry proposes to send a careful official letter to the General Secretariat of the Congress of Deputies for the purpose of authorizing the police commission access to the dependencies of the Chamber with the forecasts and preventions that they deem appropriate, including the participation of the National Police Station of the Congress of Deputies for the delivery and intervention of computer terminals or data and information storage devices, documents or any other effects belonging to the investigated Juan Bernardo Fuentes Curbelo”.
Once the computer equipment is in the possession of the acting agents, the Prosecutor’s Office requests that judicial authorization be granted so that, in accordance with article 588 sexies.c.3 of the LECrim, they carry out the proceedings that are included in the previous police official letter, even authorizing the change of access codes with the logical and appropriate precautions for this measure, measures that have already been agreed upon in identical situations with respect to the private and professional residence of the person investigated.
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