The PSOE on Tuesday filed a complaint in Murcia for the crime of corruption against the regional president, Fernando López Miras, and against the former deputies of Ciudadanos Isabel Franco, Antonio Sánchez, María del Valle Miguélez and Francisco Alvarez who failed the motion of censorship. promoted by Ciudadanos with the Socialists, and who were later appointed advisers.
This was announced by the secretary of the organization of the PSOE and minister of transport, mobility and the urban agenda, José Luis Abalos, during a debate with the Popular Party during the government control session in Senate. More precisely, Abalos accused the PP of having “bought” setbacks in Murcia and announced this complaint for corruption.
In the complaint, to which Europa Press had access, the PSOE defends that beyond the “social reproach” for “the act of transfuguismo”, in the case of Murcia “are added other elements which transcend the political level, giving rise to such that the behavior can be considered as facts of a criminal nature “. More precisely, the PSOE warns that “there is an element which transcends” the political, and which makes the behavior of the Murcian president and the former deputies of Cs “punishable”, and it is that the former deputies received “in counterpart “their vote otherwise in the motion” a reward for their conduct “, after signing that they would second the motion.
A consideration which, according to the PSOE, “there is no doubt that it materialized in the nominations of directors which they did not hold until they compromised their vote”. It was “the meaning of the agreement”, they defend. In this sense, they assure that in this case, “the vote is the object of a payment, a punishment, a reward or a gift”, which implies that it is “a typical fact which improves the conduct pursued by article 421 of the Penal Code “.
And then they collect the salaries that are currently receiving the new members of the government of Murcia, as proof of this consideration. In their complaint, the Socialists address the fact that the decision of former citizens’ deputies to break electoral discipline “is not due to a political decision”, but “had its reason for existence because of the existence of compensation to exchange for that. “.
A typical act, illegal and culpable because it is no longer part of the political negotiation “
The PSOE supports its arguments by contributing, among other things, to the accusations that the one who aspired to become president of Murcia has made on Twitter with the motion, the leader of the Citizens of this region, Aina Martínez Vidal, denouncing that the PP was trying to buy “orange” deputies. According to the PSOE, López Miras’ decision to appoint these deputies of unruly citizens as new members of his government, “in exchange for a vote, transcends the discretionary sphere of the president and becomes a typical, illegal and culpable act. because it is no longer part of their freedom or their political negotiation. ”
“It becomes an instrument of purchase of wills which could constitute an offense of corruption in competition with an offense of administrative prevarication”, they affirm in the complaint. In this sense, they insist on the fact that the conduct of the Murcian president and the former deputies of Ciudadanos “undermines the legal good protected by the crime of corruption, the very prestige and reputation of the public administration, the impartiality in its operation and the effectiveness of this service. public “.
For all these reasons, they argue that such behavior “fits perfectly with the elements of the type of passive bribery inherent in article 421 of the Penal Code, as well as with the” abusive passive bribery “contained in article 420.” The key to the conduct described is the link or causal link between the acceptance of the position, the maintenance or the offer of the position, and its actual realization, and all this in exchange for their vote, ”they point out.
They also denounce the administrative procrastination contained in article 404 of the Penal Code “since the freedom of the president in the appointment of its directors is abandoned when the reason is not only the result of a promise or an unfair consideration, but that the appointments themselves are illegal and arbitrary in obeying spurious purposes. “
From the United We Can complaint to that of the PSOE
The PSOE takes this decision in Murcia after the complaint lodged a few weeks ago by its government partner, United We Can, which lodged this complaint with the anti-corruption prosecution against the PP secretary general, Teodoro García Egea and the former senator of Cs Fernando Hervías, in addition to López Miras and the three former deputies of the formation of Inés Arrimadas.
From the first moment, the Socialists qualified the movement of the PP and the ex-deputies of the citizens of Murcia of “transfuguismo”, although they never spoke of legal proceedings. Indeed, after the announcement by United We Can to present this complaint to the anti-corruption prosecution, some members of the executive of the socialist wing distanced themselves from this decision of their government partner.
This was the case, for example, of the first vice-president, Carmen Calvo, who separated the government from the decision of the then second vice-president, Pablo Iglesias. “This decision was taken by Iglesias as the leader of a party, not as the second vice president,” Calvo said at the time. For her part, the Minister of Defense, Margarita Robles, criticized this decision of United We Can, assuring that “political life should not be continued”.