Justice revokes a conviction of the leader of the Social Home, Melisa Domínguez, and acquits her of a crime of serious disobedience to law enforcement officials. The Provincial Court of Madrid upholds the appeal presented by the defense of Domínguez and the also investigated JFR and CMM In this way, it overturns the sentence issued in October by the Criminal Court number 27 and which sentenced the three defendants to pay a fine of 630 euros.
At that time, the magistrate considered it proven that they had refused "repeatedly" to provide their ID when the police officers urged them to do so on August 30. The events occurred in a building owned by Radio Televisión Española (RTVE), located on Calle Joaquín Costa in the capital, one of the buildings that the far-right organization has occupied in recent months.
Section 30 of the Provincial Court of Madrid maintains that "the facts declared proven do not constitute a crime of resistance or serious disobedience to agents of authority", the magistrates point out in a sentence that elDiario.es has agreed to and that can be appealed to the Supreme Court.
"According to the proven facts collected in the sentence, and to the statement of the agents and the defendants themselves, their actions were a mere refusal to leave the facilities, without offering active or passive resistance, a mere act of disobedience" , indicates the court.
In upholding the appeal filed by the three defendants, the judges also add that "even though the agents repeatedly required identification, there was no relevant opposition or aggressive behavior by the defendants that justifies criminal intervention." "It is an act of slight disobedience against which it is appropriate to assess its relevance in the field of sanctioning administrative law," they point out.
The association published in its profiles in social networks on August 29 that returned to occupy the former headquarters of the NO-DO (Francoist Documentary News), owned by RTVE. A building that they already knew because they had occupied it five years ago. A National Police patrol approached to "identify the people" who were in public facilities in case they were committing "some type of infraction" and "in case the security of the Israeli Embassy [que se encuentra a escasos metros] could be compromised", collected the sentence revoked and issued by the criminal court number 27 of Madrid.
In the first instance procedure, the Public Ministry requested that those accused be sentenced for a crime of serious disobedience and proposed a fine of 1,620 euros, higher than the one finally imposed by the judge. When the case reached the Provincial Court, the Prosecutor's Office has chosen to challenge the appeal presented by Domínguez's defense.
This is one of the first cases against Domínguez that have been tried. The Social Home leader has a few more open. She will sit on the bench charged with a crime of hate speech for the attack on the M-30 mosque on March 22, 2016 after the jihadist attacks in Brussels. He has also decreed an opening of an oral trial for his actions in one of the caceroladas against the Government convened on Ferraz Street in Madrid in May 2020, when he again refused to identify himself. And she is also being investigated for a protest held in January 2020 in front of the PSOE headquarters.