The first trial against the so-called patriotic police has ended in acquittal. The Provincial Court of Madrid has rejected this Friday to condemn the former Deputy Director of Operations (DAO) of the Police Eugenio Pino and the chief inspector under his command Bonifacio Díez for having given the UDEF a pendrive with data obtained illegally on Jordi Pujol Ferrusola so that will be used against him in the case opened in the National Court .

The court reproaches Pino for his actions, but rules out that he committed the crime of revealing secrets attributed to him by the eldest son of the Pujol, nor those of false testimony and procedural fraud that Podemos added, which in the trial carried out the popular accusation.

According to the Superior Court of Justice of Madrid , the acquittal is based on the fact that, despite the numerous testimonies provided in the trial, "who, how and when he accessed the entirety of Jordi Pujol Ferrusola's 'computer life' is unknown" . And it has also not been possible to clarify "how and through whom this information came to the power of the Deputy Director of Operations."

Similarly, it has not been possible to clarify "whether the information was provided by the internal affairs commissioner Martín de Blas, if it came from the Method-3 detective company, or if it was the result of collaboration with ex-detectives from said agency. Nothing of all this it has been possible to prove ", say the magistrates, who clarify that the trial was not focused on finding out how the pendrive came into the hands of the two accused, but to find out if the decision to transmit that information to the UDEF had been a crime" to the effects that proceed ".

The court does consider as proven that in March 2015 the DAO "decided to use" the pendrive that it had received, "knowing that it did not come from an intervention with prior judicial authorization. At its request, it was the accused chief inspector who delivered the digital memory to Udef, the police unit that was investigating Pujol Ferrusola.The ruling indicates that Bonifacio Diez did not know the illegal origin of the data it contained.

"The conduct of the DAO Eugenio Pino is far from a correct professional act," he maintains the sentence, "and its obscurantism about the origin of the information seriously endangered the investigation of Jordi Pujol Ferrusola," says the court. "The actions of Eugenio Pino seriously violated the duties of loyalty of the judicial police towards the procedural investigation, but as there was no evidence of a prevalence of his official position in obtaining the illicit informative material, nor a use that, beyond serious omissions or formal inaccuracies, it can be classified as far from the indicated professional guideline, it does not seem that it is possible to make a criminal reproach ".

The sentence adds that even if this behavior could be reproached, it would be protected by the fulfillment of the duty to prosecute the crime, and "beyond procedural or formal irregularities, including possible disciplinary responsibilities, by limiting the conduct to remission (of the content from the pendrive) to the investigative operational unit, would not be unlawful. "

In relation to the crime of procedural fraud for which we accused, the magistrates clarify that there can be no crime of procedural fraud if there is no profit motive or property damage. "Even assuming all the facts supported by the accusation to be true, it is not possible to speak of a procedural fraud. It does not seem from the logic or maxims of human experience that it can be affirmed that the conduct of the accused was guided by the will to cause patrimonial damage fraudulent, not even that they came to consider it as a serious probability of causing a risk in the assets of the injured party. "

Even in the "rhetorical hypothesis of considering that they acted with the intention of deceiving the judicial authority, it is more feasible to think about the probability of having catastrophically contaminated the entire judicial case, with clear procedural benefit for the investigated, rather than deceiving first to the judicial authority so that this leads to an erroneous resolution that directly or derived benefits in the patrimonial sphere of a third party at the same time as damage to the affected party. "

Regarding the crime of false testimony of which Eugenio Pino was accused, the sentence maintains that no one who is finally accused in criminal proceedings can be, at the same time, accused of false testimony for having failed the truth in any previous statement of that same procedure provided in the condition of witness.

The sentence is not final and can be appealed to the Madrid Superior Court of Justice.

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