They send a deputy from Podemos to the Supreme Court for beating his wife

Miguel ngel Bustamante, denounced by his wife for a crime of gender violence. The medical report reflects that the woman suffered a wound and a bruise on her lip.

United We Can deputyMiguel Angel Bustamante He has been denounced by his still wife for a crime of gender-based violence and abuse in the family. A cija judge has referred the proceedings to the Supreme Court, given the status of the investigated party.

According to sources of the investigation to THE WORLDthe Podemos parliamentarian has been denounced by his wife for crimes of physical abuse in the family, injuries, coercion, threats and revealing secrets.

The complaint was filed on the 24th before the Family and Women Unit (UFAM) and was immediately sent to the Court of First Instance and Instruction 1 of Cija (Seville). It was accompanied by a police report and an injury report stating that the woman was the victim of a punch to her face. Specifically, the medical report ruled that the woman, who is in divorce proceedings with Bustamante, had suffered an injury to the inner region of the upper lip and ecchymosis on the lower lip.

The woman reported that she had been the victim of physical and psychological abuse for years, that it was not the first time that her husband had punched her and that she was afraid to report him because he was a well-known person, according to police sources. The alleged abuse dates back more than four years and began during the second pregnancy of the couple’s child, according to her version.

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When the complaint was filed in the Cija Court of First Instance and Instruction, the magistrate Ana Maria Len Gallego initiated preliminary proceedings as a result of the police report received for the crimes of domestic and gender violence and family abuse. The instructor issued an order last Wednesday where she considered that the facts present indications of the commission of a criminal offense and in which she asked the fiscal Ministery to report on the competence to investigate these facts. For his part, the Prosecutor’s Office maintained that given Bustamante’s status as a judge, specifically his status as a deputy in the General cutsproceed the inhibition to the Supreme Court.

Immediately afterwards, the instructor issued another order where she decided to send the case to the Criminal Chamber of the High Court in accordance with the provisions of the article 71.3 of the Constitution, where it is stated that this body is competent to instruct cases against deputies and senators. In addition, the resolution states that in the same terms the Article 57 of the Law of Criminal Procedure (LeCrim) maintains that the Criminal Chamber of the TS will hear the investigation and prosecution of cases against the President of the Government, the presidents of Congress and the Senate, deputies and senators, among others. Hence, the judge agreed to the inhibition to the High Court, to which it plans to refer all the actions that affect the alleged case of gender violence carried out by the deputy of United We Can for Seville.

However, that order is not final and has been appealed by the victim’s defense team, considering that the magistrate has violated the article 544 ter of the LeCrim. The aforementioned article establishes that the investigating judge will issue a protection order for victims of domestic violence in cases where, there are well-founded indications of the commission of a crime or misdemeanor against life, physical or moral integrity, sexual freedom, freedom or security of any of the persons mentioned in the article 173.2 of the Penal Coderesults in an objective situation of risk for the victim that requires the adoption of any of the protection measures regulated in this article.

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In addition, the legal text establishes that the protection order may be requested directly before the judicial authority or the Public Prosecutor’s Office, or before the Security Forces and Bodies (in this case the complainant requested it before the security forces, it is stated in the report ), victim assistance offices or social services (…). Said request must be forwarded immediately to the competent judge. In the event of doubts being raised about the territorial competence of the judge, the procedure for the adoption of the protection order must be initiated and resolved by the judge before whom it has been requested, without prejudice to subsequently referring the proceedings to the person who is competent. . Likewise, the Law of Criminal Procedure establishes that upon receipt of the request for a protection order, the duty judge will convene an urgent hearing for the victim.

For its part, legal sources explain that the defense of women, exercised by the Sevillian lawyer Rosario Serranohas appealed the magistrate’s decision to limit herself exclusively to referring the proceedings to the Supreme Court without having called any appearance, despite the fact that the police report shows that this protection order was requested from the State Security Forces.

Lastly, the Podemos Code of Ethics contemplates the waiver of any legal or material privilege derived from the figure of judicial appraisal as well as the resignation of the position in case of being prosecuted or convicted of a crime of sexist violence, corruption, sexual harassment or pederasty.