Section 16 of the Audience Provincial of Madrid has
judgment to the former president of the Community of Madrid Cristina
Cifuentes by the one known as 'case master
'After dismissing the appeal filed by her, by the late professor Enrique Álvarez Conde and by the ex-adviser of the Education Council Teresa Feito.
The appeal was filed by the three against the order to transform proceedings before a brief procedure for the alleged commission of a crime of falsification of public documents in the framework of one of the pieces of the case. They are accused of a crime of documentary falsification.
This order is the last one against which recourse could be made, therefore confirming the decision of the Court of Instruction No. 51, in which the investigation has been processed, which had already dictated the order for the opening of an oral trial. The fourth defendant in this case, Cecilia Rosado, had not filed an appeal on this occasion.
After examining the reasons for the appeal, and among other legal grounds, the Chamber unanimously concludes that Cristina Cifuentes "publicly exhibited the original document that she had induced to make, being fully aware of its falsity, since she was aware, as no one, that he had carried out the master's degree work, nor had he defended it before a university court. "
This consideration determines the rejection of the appeal formulated by the supposed violation of the right to the presumption of innocence of the interested parties and, as a consequence, ratifies the opening of the trial, they have indicated from the Superior Court of Justice of Madrid.
Before this argument, the magistrates endorse in their resolution the investigation of this piece directed by the head of the Court of Instruction to corroborate that "there is no documentary evidence of the end of master's work (of Cifuentes), nor in the archives of the URJC (...) neither in the emails, nor in paper format, nor in any place, and we are not talking about a document dated in the past, but only six years before the investigation ".
"Without prejudice to the presumption of innocence"
However, the magistrates remember several times in the section of the 'Fundamentals of Law' of the document that adopts this resolution without prejudice to the presumption of innocence and that, in any case, it will be during the oral hearing, " with greater guarantees and with greater and better elements of proof ", when the possible criminal responsibilities are determined, if there were finally them.
In addition, the Chamber has issued two other motions corresponding to two appeals filed by Enrique Álvarez Conde in his day against various resolutions agreed by the head of the Court of Instruction No. 51.
The magistrates of the Provincial Court do not pronounce on them, since the criminal responsibility of the investigated has been declared extinguished by the court of origin after his recent death.
Cifuentes "was aware, like no one, that he had not carried out the master's thesis, nor had he defended it before a university court"