The judge of the National audience María Tardón has agreed the free dismissal and filing of the complaint filed by a private individual against FC Barcelona player Lionel Messi, his father, his brother and others for crimes against public finances, accounting crimes, fraud and money laundering in relation to the Messi Foundation to which the complainant was linked.
In her car, the magistrate explains that the complaint includes a story based on news stories without providing a single element of personal and direct knowledge without credibility, which would be, according to the judge, the recourse to conducting prospective investigations incompatible with the principles governing criminal proceedings.
The judge adds that the second part of the complaint refers to possible fraud in Argentina, where an investigation has been initiated in an economic criminal court and that they would also lack the necessary credibility in the event that they could be subject to investigation by the jurisdiction Spanish.
In its resolution, the judge focuses on the third of the sections of the complaint in which the complainant specifies his relationship with the Foundation and certain actions of the latter that do not fit, in Tardón's judgment, in acts of criminal relevance, without prejudice that he may submit as many claims as he deems appropriate but in the sphere of private law by exercising the corresponding actions in civil proceedings.
The head of the Central Court of Instruction 3 decrees the free dismissal that, under article 637 of the Criminal Procedure Law, is agreed when there is no rational evidence of having perpetrated the fact that has given cause to the opening of the case or when The fact does not constitute a crime.
. (tagsToTranslate) national audience