• Dina case: The Supreme Prosecutor's Office asks the National Court to investigate Pablo Iglesias for revealing secrets and computer damage

  • Reasoned statement The judge asks the Supreme Court to investigate Pablo Iglesias for a false complaint in the Dina case

The Supreme Court returns to the National High Court the investigation into the Vice President of the Government Pablo Iglesias for the Dina case.

As reported by legal sources to EL MUNDO, the Criminal Chamber has agreed this Wednesday to send again to Magistrate Manuel García Castellón the indications against Iglesias with the aim of carrying out more procedures and exhausting the investigation against the leader of United We Can.

After the decision of the High Court, the instructor must take a statement from the former advisor to Iglesias, Dina Bousselham, a key piece to exercise the accusation against the vice president of the Executive.

In this way, the Supreme Court rejects for the moment to open a criminal case against Iglesias.

In an order, a presentation by magistrate Andrés Palomo del Arco, the Second Chamber accepts the thesis of the Prosecutor's Office that defended that the head of the Central Court of Instruction Number 6 was the competent judge to continue with the investigation into the theft and dissemination of data of Bousselham's mobile.

The Prosecutor's Office appreciated indications of a possible crime of revealing secrets or discovery and another of computer damage in the actions of the leader of United We Can, but rules out that Iglesias has allegedly committed the simulation of crime or false report.

The Chamber has concluded, in line with the information provided by the prosecutor, that it is necessary to return the proceedings to the Central Investigating Court in order for it to carry out several extension proceedings, including the statement of Dina Bousselham, so that it can be heard about whether it effectively denounces the facts related to the crime of discovery and disclosure of secrets, since the Penal Code requires the complaint of the aggrieved person to proceed with those crimes.

In this sense, the Supreme Court indicates that "compliance with such requirement has in no way been determined with the precision or clarity required, to make its declining jurisdiction effective. There are many reasons to affirm it and also to deny it, according to the procedural intervention of Dina that Let us examine and the correlative act of interference in your privacy contemplated; in no case, without the required assertiveness ".

For this reason, the High Court understands that it is inexcusable to hear Bousselham about whether he "effectively 'denounces' the aforementioned act, where Pablo Iglesias, on January 20, 2016, examines the content of the card and subsequently saves it ; and even as a prius to that complaint, related to one of the typical inexcusable elements of the crime that the Instructor indicates, if the graduated Pablo Iglesias had his authorization for that day, to examine without restrictions the content of his memory card and will remain in your possession. "

And he adds: "Or in the joint formulation of those extremes, if such authorization was not mediated, if he now manifests that he consents to, tolerates and accepts that he had become aware of all the documents, photographs, including intimate and personal, files and communications contained on the card of his ownership, because if he had known that he was going to do so he would have given his express consent ".

Evidence of three crimes

On October 7, Judge García Castellón raised a reasoned statement against Iglesias for the alleged commission of crimes of false reporting and / or simulation crime, discovery and disclosure of secrets -with aggravating gender- and crimes of computer damage.

In the rationale sent to the Second Chamber, the instructor explained how Iglesias tried to pretend that he was the victim of a commission from Commissioner José Manuel Villarejo to discredit him as a result of the theft of his former adviser's mobile.

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Know more

  • Supreme court

  • Pablo Iglesias

  • National audience

  • Dina bousselham

  • United we can

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