The group of retired magistrates of the Supreme Court – as José Antonio Martín Pallín and Clemente August – and anti -corruption prosecutors also retired, such as Carlos Jiménez Villarejo and José María Mena, who are trying to reactivate the case of King Juan Carlos does not give up. After the Supreme Court rejected the complaint they had filed, these jurists have sent an appeal for supply as a last attempt before this court and are already preparing, according to sources of this group, to go to the Constitutional if, as is predictable, the Supreme Court again rejects this attempt to reactivate the cause.
The jurists argue in their appeal that the supreme has not collected the evidence they requested to try to verify the central element of their complaint, that is that the regularization of the opaque fortune of the former head of the State occurred after he had knowledge of the investigation against him, and therefore did not exempt him from the crime.
That is why the jurists demand “the incorporation into the actions of the official document contained in the Prosecutor’s Office, closed on March 22, 2022 that ends the investigation proceedings 40/2020 instructed by the State Attorney General. The incorporation of the two communications of June 20, 2020 and November 9, 2020 made to the legal representation of the honorary king Regularization carried out by the legal representation of the honorary king Juan Carlos de Borbón y Bourbon, does not meet the requirements required by article 305.4 of the Criminal Code for having been carried out after having formal knowledge of the existence of an investigation of the Fiscal Ministry on facts and actions with relevance and tax transcendence ”. The jurists believe that King Emeritus committed five crimes against the Public Treasury.
The facts by which the complaint is already investigated by the Supreme Prosecutor’s Office, who then filed the proceedings in understanding that the Emeritus King had regularized his tax situation by paying 678,000 euros in December 2020 and 4,395,000 euros in February 2021. The Prosecutor’s Office interpre They claim to know all the communications between the Treasury and the representatives of the King. The Prosecutor’s Office of the Supreme Court opened two investigation proceedings on June 24, 2020 and November 6, 2020, communicating them to the lawyer of King Emeritus, without detailing what kind of crimes he pursued.
King Emeritus had entered multimillionaire amounts through the Zagatka Foundation, chaired by his cousin Carlos de Orleans, who paid up to eight million euros for private services of Juan Carlos I and Mexican businessman Allen Jesús Sanginés Krause. Juan Carlos I did not declare this revenue at the time, but presented in February 2021 autoliquidations corresponding to five fiscal exercises – from 2014 to 2018 – to avoid the sanction.
In the appeal of plea, the judges are very critical of the Supreme Court order that rejected his complaint, which was at the same time very hard with his technical content. The car, from which magistrate Manuel Marchena was speech, believes that the facts are not crime, are prescribed or subject to tax regularization.
