The Superior Court of Madrid sits on the bench Judge Silva

Question

The Superior Court of Madrid sits on the bench Judge Silva

Answer 1

The Superior Court of Justice of Madrid agreed Wednesday to open trial against Judge Jose Elpidio Silva for his performance in the case Blesa. The living civil and penal institution justifies the decision known Thursday for a " continuing offense of trespass, malicious delay in the administration of justice and two counts against individual freedom ", as recorded in the car. These offenses are punishable by a maximum penalty of 30 years' disqualification and open ten days to pay a deposit of 60,000 euros to secure the financial liabilities that may be doomed.

Judge Jesus Gavilan instructor of record, indicated in writing that "the existence of a prima facie case in the defendant's conduct justified the opening of the trial." The judge also referred the resolution to the General Council of the Judiciary (GCJ) to proceed to declare the suspension at its discretion. The judiciary has decided this afternoon to initiate proceedings for the preventive suspension of Judge Elpidio functions José Silva, after announcing the Criminal Division of the Superior Civil Court of Madrid had decided to open trial against him for his role in the case involving the former president of Caja Madrid Miguel Blesa.

The judges of this room believe that there are clear indications about Silva prevarication when he investigated the president of Caja Madrid and decided to imprison him. The Court understands that Silva 's performance was "abusive " and that exceeded mere administrative offense.

However, the standing committee of the General Council of the Judiciary has given three days later the prosecutor and the judge himself Silva to do reports and allegations about acting before suspending. When a court finds that a judge should sit on the bench for an offense, as in this case and also in his day as did Judge GarzÃ_n, the Judicial Council is required by law to provisionally suspend function during the processing.

Judge Silva reacted quickly. He called the media to a press conference after meeting the decision of the Superior Court of Justice of Madrid where he announced that he would file a grievance against Judge Jesus Sparrowhawk for an alleged crime of trespass to which he attached 200,000 signatures of citizens. The judge described as " nonsense" the car to trial. Silva is considered " victim torticero operation and diverted" a part of the Judicial and Prosecutorial that aims to " terrorize all judges."

The prosecution, meanwhile, calls for 30 years of disqualification and the " inability to obtain at the time of sentencing any employment or office in the field of administration of justice, in particular those involving the exercise of the judicial function " according to the preliminary investigation presented Wednesday by the chief prosecutor of Madrid, Manuel Moix. The prosecutor made ​​public after the decision TSJM proceed Silva called the " absolutely irregular and contrary to any possible interpretation in law."