The Supreme Court has agreed to open a case to the magistrate of the Constitutional Court Fernando Valdés when he appreciates indications of a crime of mistreatment in the family environment against his wife for which he was arrested last August.
The Criminal Chamber shares the criteria of the Prosecutor's Office and considers in an order that there is "a sufficient evidence base to rule out any different decision" to the opening of a case.
As the head of the investigating court number 7 of Majadahonda (Madrid) did when raising the reasoned statement to the Supreme Court, the magistrates believe that there are indications of the commission of a crime in article 153.1 of the Penal Code.
This type of criminal offense punishes with a prison sentence of 6 months to a year or work to the community who "by any means or procedure causes another mental impairment" or an injury, or "hits or mistreats another without causing injury, when the offended is or has been a wife, or a woman who is or has been linked to him by an analogous relationship of affection even without coexistence ".
A penalty that would be increased if the alleged crime takes place in the common home
The Supreme Court has made this decision despite the statements that both Valdés and his spouse gave before the duty judge and by virtue of the version of two witnesses and one of the acting agents.
The Chamber has appointed Judge Andrés Martínez Arrieta as the investigator of the case, who, "with freedom of judgment", must agree "on the necessary steps to clarify the facts" and resolve "as provided by the Criminal Procedure Law."
Valdés, 75, was arrested in mid-August at his home in Majadahonda and, after testifying before the court, was released after the magistrate assessed his health, his age, the health alert situation due to the coronavirus and also his status as certified before the Supreme Court.
The magistrate, specializing in violence against women, presented a reasoned statement to the Supreme Court where she appreciated the eventual commission of the crime of "mistreatment in the family" for which the high court will now investigate her, a criterion that the Prosecutor's Office also assumed.
Following his arrest, the Constitutional Court issued a brief statement requesting that his presumption of innocence be respected.
Framed in the progressive sector of the court, he is one of four magistrates whose post is pending renewal after completing his term eight months ago.