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  • Auto.A judge imputes journalists of eight media for reporting on the case of the CDR

The Prosecutor's Office has appealed the order by which a judge in Madrid accused journalists of eight media outlets, including EL MUNDO , for reporting on the investigation of the CDRs that ended the detention and imprisonment of several radical Catalan independence workers.

The journalists are accused by the holder of the Court of Instruction number 41 of Madrid of a crime of revealing secrets and have been summoned to testify next week. These are information professionals from EL MUNDO, El País, ABC, El Confidencial, La Vanguardia, El Español, Cadena Ser and RTVE.

Faced with the judge's decision, the Provincial Prosecutor's Office of Madrid considers that, "not being responsible for the criminal offense that is the subject of the investigation of the present case, the procedure against them could not be directed as investigated" and the subpoenas They should be canceled.

The investigation of journalists has its origin in a petition made by the defenses of the CDR investigated. In response to it, on October 4, the Prosecutor's Office of the National Court urged a court in Madrid to investigate a revelation of secrets by leaking the contents of prison cars when the cause was under summary secret. .

The CDR denounced before the judge of the National Court Manuel García Castellón that details of the manner in which the police operation had been carried out and leaks of the summary proceedings, consisting mainly of excerpts from the statements of the investigated and content of telephone interventions, as well as orders issued by the court. The CoR considered that these facts could be constitutive of both a crime of revealing secrets and a crime against the Administration of Justice.

The judge in Madrid opened proceedings and decided to charge the journalists. The Prosecutor's Office now recalls, on the other hand, that the proceedings were initiated at the initiative of the National Court "for a possible crime of secret disclosure by an official ", not by journalists. In addition, he argues that in the procedure against media professionals the judge does not state "the reasons why he considers the perpetrators of the facts to the media."

The Prosecutor's appeal adds that since the allegedly criminal act would be the leak to the media of data of a judicial procedure that is declared secret, the possible violation of summary secrecy "necessarily leads to article 466 of the Criminal Code , where punishes the revelation of procedural actions declared secret, being able to be active subjects of said crime attorneys, prosecutors, judges or members of a court, prosecutors, lawyers of the Administration of Justice, officials or individuals involved in the process, although establishing different penalties depending on who is the perpetrator of the crime. "

The Public Prosecutor adds that the dissemination of secret procedural actions by the media cannot be accommodated in said article, since "they are not parties to the judicial procedure, also giving the circumstance that those who have been summoned to declare as investigated are legal persons, who in no case can commit this crime. "

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