The Government has taken a drastic decision to ensure that the Law of the State, an organ that is strictly dependent on the Executive and that by his own nature always follows the guidelines marked by the political power, hold the line of the indictment for sedition, the pro-independence leaders. The attorney general of the State, Consuelo Castro, has removed Edmundo Bal, as a lawyer, head of the department of criminal and, therefore, responsible for defending the State's position in the judgment of the procés. Bal was faced with Castro because he wanted to raise the accusation against the leaders of Catalan independentists to rebellion. Castro has given a blow of authority before the resistance shown by his subordinate.
The reason that claims officially the Executive is the loss of trust, since it is a post-hierarchical designation that you can have Castro, who came to the dome of this agency in June, out of the hand of the minister, Dolores Delgado. Bal had already transferred that do not defend at trial anything that was not according to their criteria. This is, that it would not support any position that was not yours. This castling was unworkable in its continuity in a key process.
The Government and the attorney general of the State, a position of trust that takes part every Wednesday in the commission of under-secretaries which prepares the Council of Ministers, need to have assurances that the attorney who participates in the trial is still clearly his instructions. Is the 400 lawyers in the State defending the interests of the general Administration in multiple cases and always obey the directives of their superiors.new Situation MORE INFORMATION The State attorney dismissed the rebellion and accused the leaders of ‘procés’ of sedition and malfeasance CKD and JxCat refuse to support the accounts of Sanchez after not seeing any action in the writing of the Law
In this case it has produced a new situation. By their nature, unlike the prosecutors, who have autonomy guaranteed by the law, the lawyers in the State are not autonomous, but advocates of a part, as is any lawyer. The only difference is that in this case the part, the client is the Administration, and, in the last term, its greatest exponent, the Government. But Bal, very unusual, is denied in the round to follow the guidelines of their superiors, especially Castro, who was already counsel for the State in significant cases such as the Prestige. Bal insisted on defending the charge of rebellion and refused to sign any another.
This unusual situation caused a strong tension that is resolved when Castro took responsibility for the writing in which it is accused of embezzlement and sedition, but not of rebellion to the Kalebet leaders of pro-independence catalans in prison. Just signed it, not his subordinate. Bal was decided to promote a writing that was written, where it was argued that the accusation of rebellion, the same that you have opted the office of the prosecutor, who finally asked for a maximum of 25 years as against the 12 that calls for the State bar. But Bal is not a prosecutor and have to obey their superiors. The tension between Bal and Castro has been growing until it has taken the final decision to remove him to avoid every step of the trial involves a situation like the one that is lived with the indictment.
In the Government not just to understand the controversy over this issue. All the customers decide to the line that they are following their lawyers, insist. The law provides the technical criteria, the scenarios of what can be done legally, and their potential consequences, but decisions are made by the Executive in any case, they explain.
Government Sources remind us that all the Executives have given instructions to the State attorney, which is by definition an organism is not autonomous. This time, with more relevant media and social because it was a key, it has followed the same procedure as always, to explain, with the difference that the head of the criminal section has not accepted the rules of the game.Criteria
however, part of the confusion with this topic cause it's own Executive, who came to affirm publicly on several occasions that the Law would take its own decisions with legal criteria and the Government does not entrometería, something that is now really supported as a nonsense.
The replacement has not yet been appointed, but the Executive has no doubt that any other attorney for the State shall abide by the instructions of their superiors, and it will make the prosecution for sedition, which is the one defending the Government. The Executive of Sanchez also failed to see enough to stay just on the accusation of embezzlement, which is what you did in the beginning, the Advocacy with the Government of the PP.
In this case, the Executive is located between two fronts. On the one hand, the opposition, which he blamed openly for a supposed betrayal by not accusing the leaders of the procés of rebellion, a matter on which there is an intense legal debate and that, even, speakers the reform of the Criminal Code of 1995, as Diego López Garrido reject. On the other hand, the pro-independence accuse the Government of having hardened the position of the previous Executive, from embezzlement to sedition. The decision is not liked at all to anyone, but the Government are convinced that the charge of sedition is the most reasonable and think forward, now with a new State attorney to follow the instructions hierarchical.