The minister has requested to use this formula planned for the members of the Executive | The magistrate considers that the technologies allow the updating of the provisions of the law
The judge of the National High Court José Luis Calama has accepted the request of the Minister of the Presidency, Felix Bolanosto declare in writing as a witness in the case in which the infection of the cell phones of the Prime Minister, Pedro Sánchez, and three ministers with Pegasus is being investigated, but suggests that you reconsider doing it by videoconference to ensure the good outcome of the case and its processing in terms of agility and usefulness. This is how El Periódico de España publishes it.
The magistrate, very much in favor of this formula, prevented Luis de Guindos from doing so in writing in the Popular case, when he tried it as vice president of the European Central Bank, and legal sources told this newspaper that from the National Court he had transferred to the Government the convenience of giving a statement by videoconference, an option ruled out by Bolaños, which prefers the formula of the written questionnaire, despite the loss of immediacy that it entails, which marries with difficulty the desire for maximum collaboration with the Justice that he had expressed.
In an order, the head of the Central Court of Instruction Four states that a letter has been received from the Undersecretary, General Technical Secretariat, Government Secretariat, attaching a letter from the Minister of the Presidency, Relations with the Courts and Democratic Memory, Félix Bolaños, in which you request to provide a written statement.
The communication to the National High Court expressly states: “I. That, on June 6, 2022, I have been summoned to testify, as a witness, in the preliminary reference proceedings on July 5, 2022 at 9:00 a.m. II. In said summons I am informed that, in accordance with the provisions of article 412.2. 1 of the Law of Criminal Procedure, I can report the facts in writing about which I have had knowledge by reason of my position. III. Consequently, by means of this letter I come to request that what is appropriate be agreed to inform in writing about the facts that are the object of my statement & rdquor ;.
forced to accept
The judge accepts the written statement in accordance with the provisions of article 421.2 1 of the Law of Criminal Procedure, which states that the president and the other members of the Government “are exempt from attending the summons of the judge, but not from declaringbeing able to report in writing on the facts of which they are aware by reason of their position & rdquor ;.
Without prejudice to the foregoing, says Calama, the witness is suggested to practice bidirectional and in real time of the videoconference “to ensure the good outcome of the case and its processing in terms of agility and usefulnesswith a visual, auditory, and verbal interaction with the witness, and in unity of act”.
To this end, the resolution continues, it is appropriate to consider holding the witness statement via videoconference, offering the Minister of the Presidency, Relations with the Courts and Democratic Memory, to testify through said means, if he wishes, indicating by the same the dates and times in which it could proceed in said form, without alteration of the functions inherent to his positionbecause as the Supreme Court recalls, “the criminal process has not been able to avoid the advance of new technologies, and the use of the videoconference system for the practice of procedural acts of undoubted evidentiary relevance, is already part of the habitual practice of the courts of justice & rdquor ;.