The Madrid judge investigating the
case of the kick in the door
has agreed to archive the case for five of the six police officers charged so far.
These are the agents who complied with the order of their superiors to knock down the door of the apartment where a party was being held without respecting the regulations against the coronavirus.
The criminal procedure for an alleged trespassing continues against the deputy inspector who directed the operation.
The investigating judge thus follows the criteria of the Madrid Prosecutor's Office, who support moving forward towards a jury trial, but for the moment only against the police command.
The order issued agrees "the continuation of the present procedure for trial before the jury court against the agent of the National Police No. 89,666 for an alleged crime of trespassing."
Then, it definitively files -that is, it could not be reopened- the case against the other five policemen in application of one of the causes of exemption from liability contained in article 20 of the Penal Code: act "in fulfillment of a duty or in the legitimate exercise of a right, office or position ".
The judge's decision is not final and can be appealed before the Provincial Court of Madrid.
That is the intention of the prosecution attorney,
Juan Gonzalo Ospina
.
The magistrate has also agreed to take statements from those who were at the party, as witnesses, and to collect documentation on the rental of the house.
It has not accepted, as the prosecution wanted, that the information that gave account of the support of the Minister of the Interior, Fernando Grande-Marlaska, to the actions of the agents be incorporated into the case.
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