The judge rejects Luis de Guindos testifying in writing and requires him to go to the Hearing in person
Judge José Luis Calama of the National Court has demanded Luis de Guindos, vice president of the European Central Bank, to go as a witness to the cause that analyzes the management of the Popular Bank. In this way, he rejects the ex-minister's request to testify in writing that he had requested him on January 9.
According to the order of the National Court, against which appeal for reform can be filed within three days and, on a subsidiary basis, appeal for appeal within five days.
De Guindos asked the judge to testify in the case, by means of a written report and the corresponding interrogation should be sent to him.
The former minister referred to his current position as vice president of the ECB and explained that attending the appointment in person would force him to disregard his professional responsibilities for at least the day of the citation.
In order to avoid the damages of the displacement in his professional functions and under the protection of article 412.4 of the law of criminal prosecution, which exempts him from attending the judge's call but not of declaring, he requested that his statement as a witness could be practiced by means of a written report .
However, Judge Calama considers that this legal precept establishes a “procedural privilege that must be subject to restrictive interpretation, from an institutional optimum” and emphasizes that the testimony statement in the Court “entails the genuine application of the principles of orality, contradiction and immediacy ».
Therefore, he has decided to keep the citation of Luis de Guindos for next April 2 and has suggested that the former minister propose a series of dates between March and June to practice his testimony according to the normal regime established for any citizen.
It also states that, if in any case, De Guindos takes advantage of the legal prerogative provided for in article 412.4 of the criminal prosecution law, it must express it in a restrictive manner by means of the relevant document.