The draft reform of the Criminal Procedure Law will mean, if finally approved, a radical change in the way justice is administered in Spain.
The main change, as announced, consists of
withdrawing the jurisdiction of the investigation from the judges so that the prosecutors will
investigate the cases.
On paper, this change would have nothing revolutionary or undemocratic: in most of the judicial systems in our environment, prosecutors are the ones who lead
gen investigations.
Spain is the exception in this, and different governments of both the PSOE and the PP have proposed the homologation of our procedure.
But one thing is the theory and another is the possible
counterproductive effect of its implementation
.
Because in Spain, unfortunately, the close link between the current government and the Public Prosecutor's Office is a sad constant that the Executive of Sánchez and Iglesias has only taken to the extreme
, by appointing his former Minister of Justice to the post of State Attorney General
.
In fact, the first thing that a complete reform would propose is to shield the mandate of the attorney general so that it does not coincide with the four years of a legislature, as happens with the governor of the Bank of Spain.In the real context of Sanchista Spain, it does not fit to doubt the objective that is pursued when judges - who, with embarrassing exceptions, have demonstrated their independence many times - are taken from the power to instruct the cases to be handed over to officials who depend organically on Dolores Delgado.
«Who does the Prosecutor's Office depend on?
Well that »
, as the President of the Government himself would say, but there is something even more disturbing than this twist to the politicization of Justice: the vocation of opacity with which this draft is expressly born.
Despite the fact that Minister Juan Carlos Campo announced in Congress that the will of the Government is not to interfere in the work of the press,
no one is hiding the threat of a rule that regulates "access to information for the first time
on judicial processes ”and establish certain“ limitations ”.
Granting the prosecutor the power to decide what is relevant and what is better to keep secret supposes assigning the instructor a function that does not correspond to him in democracy, and supposes, above all, curtailing the right of citizens to be informed by professionals outside the procedures in course.
Is about
another attempt by sanchismo to gag the media
, who joins his Orwellian misinformation watchdog commission.
It is, above all, about protecting politicians involved in judicial processes to control time and match the rhythms of Justice to those of politics. If the gag imposed itself, the Spaniards would never have heard of scandals so decisive for the safeguarding of democratic health such as the GAL, the ERE or
Gürtel
.
Sánchez practices an increasingly uncomplexed Trumpism
from power while awarding his own authoritarian drift to the opposition, in the hope that one day journalism will not have enough oxygen to unmask him.
But as long as there are independent journalists and judges and prosecutors, that will not happen.
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