• The lawsuit The Prosecutor's Office complains against Rocío Monasterio for documentary falsification

  • Madrid Arturo Valls sues Rocío Monasterio for renovating a Lavapiés loft without a license

The Justice will not investigate the leader of Vox Rocío Monasterio for the alleged irregularities that the

Prosecutor's Office

had seen in her work as an architect. The

Superior Court of Justice of Madrid,

before which Monasterio is registered as a regional deputy, has rejected the complaint filed against her by the Public Ministry "as the facts related to the crime of documentary falsification attributed to the defendant did not meet." .

The Prosecutor's Office argued in its complaint that on two occasions Monastery had included in the plans it presented to the

Madrid City Council

to obtain a building license in a building a black and white photocopy of the visa stamp of the

College of Surveyors and Technical Architects de Madrid

of a first project in the same building in 2005, instead of the mandatory visa stamps that each new project requires. And that he had done it "with the intention of giving the plans the appearance of being duly endorsed, a fraudulent use". That constituted, according to the Prosecutor's Office, a crime of falsification in a public document.

However, the magistrates of the

Civil and Criminal Chamber

disagree with the criteria of the Prosecutor's Office and maintain that for there to be material falsehood "it is a nuclear requirement that the alteration of the truth has a considerable minimum of appearance, a sufficient entity that is capable of inducing to error ". For the magistrates, in this case we are faced with a gross or rude falsehood, which precisely for this reason deprives the material support of any possibility of producing a legal effect.

The introduction of a graphic reproduction of a visa issued by the Association of Surveyors of the year 2005 in plans of a project "corrected" later than 2016, "in a way so crude and perceptible to the naked eye without the need for expertise, that it is incapable of misleading some on the authenticity to any person in general and much less to technicians of the urban department who had to validate it ".

This leads "without any doubt to the conclusion that the crude operation of inserting the visa in the plans or documents that make up the urban development file by means of black and white photocopying could not in any way take effect as an authentic and due visa."

"It is difficult to understand, in view of the obvious inappropriateness of the stamping of the image of the visa, what claim could have been held by whoever carried out this operation, but the truth is that, from the criminal point of view, for the purposes of the Considering the facts in relation to the crime of falsity, the crudeness of the procedure does not allow to affirm the criminal nature of the facts. It is not conceivable that the photocopied and poor quality insertion of the 2005 visa in the plans provided in 2016 could generate some semblance of authenticity ", conclude the magistrates.

The decision can be appealed, but only before the very Chamber that issued it, which makes it very unlikely that the decision to file will be corrected.

According to the criteria of The Trust Project

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