The rejection of the Civil and Criminal Chamber of the Madrid high court focuses on the fact that there is no crime of falsification because the now regional deputy Rocío Monasterio made a crude and rude falsehood – these are verbatim words of the judicial resolution – that precisely deprives the support material, a photocopy of low quality, of all possibility to produce legal effects, that is to say to produce a crime.
In summary, the Madrid judges point out that for the crime of documentary falsification to be perpetrated, there must be a real alteration of that document to mislead the Administration that approves those papers, estimating that they are real. The Civil and Criminal Chamber makes this decision “by failing to gather the facts related to the characteristics of the crime of documentary falsification.
However, when it is detected that it is a crude manipulation that deception does not occur, regardless of whether there is intentionality, the desire to falsify. The magistrates do not explain if there has been fraud, a will to deceive on purpose.
The Madrid Prosecutor’s Office presented the aforementioned complaint in May after investigating a complaint filed by Más Madrid in which it assured that the Vox deputy processed in 2011 and 2016 licenses with a falsified College of Surveyors visa, since it was from 2005 and corresponded to the project of the reform of a loft owned by the Valencian presenter Arturo Valls endorsed by another person.
The Public Ministry maintains that Rocío Monasterio included on two occasions a photocopy of a 2005 visa “with the intention of giving the plans the appearance of being duly visas, a fraudulent use.” Now the Civil and Criminal Chamber of the TSJM, headed by the president of the High Court, Celso Rodríguez, considers the facts reported by the Prosecutor’s Office to be corroborated, but not the legal classification that the Public Ministry understands that they entail. Against this decision of the TSJM it is possible to appeal. The Prosecutor’s Office is currently studying the possibility of this appeal.