Tomorrow resumes the trial for the IPO of Bankia with a session in which the president of the Chamber, Angela Murillo, will resolve the preliminary issues raised by the parties and will likely begin the interrogation of the accused with the former president of the entity , Rodrigo Rato.
After spending his first Christmas in prison, Rato will go to the headquarters that the National Court has in San Fernando de Henares in a police van, and along with him will go through the stand thirty directors accused.
The fourth section of the Criminal Chamber chaired by Judge Ángela Murillo is in charge of prosecuting the alleged irregularities of the jump to the parquet of the entity on July 20, 2011, for which the Prosecutor's Office, which only accuses the four former administrators, asks for Rato five years in prison for alleged fraud to investors.
Represented by the prosecutor Carmen Launa – who replaces Alejandro Luzón after his appointment as head of Anticorruption – he also attributes the crime to former Vice President José Luis Olivas (four years in prison), former Minister José Manuel Fernández Norniella (three years) and former counselor delegate, Francisco Verdú (two years and seven months).
However, Anticorrupción reserved, in the first session of the trial, the possibility of adding to the crime of fraud to investors that attributes to the old dome of the entity the accounting falsehood, which could also extend to the rest of the accused, although this It will not be known until the presentation of the final conclusions, scheduled for the month of June.
Among the issues on which the Chamber must rule, it highlights the legitimacy of the small shareholders, which was questioned by the defenses, as well as the maintenance of the cause of the popular accusations and the possible application of the "Botín" doctrine.
Adopted by the Supreme Court in 2007 and subsequently qualified by the "Atutxa doctrine", it closed the case of the loan assignments in which the then president of Santander, Emilio Botín, was involved, limiting the exercise of popular action when the Prosecutor's Office or the injured parties are charged.
Popular accusations include the Intersindical Credit Confederation (CIC), represented by the forerunner of the initial complaint of the UPyD formation, Andrés Herzog, who due to the economic difficulties to remain in person has reached an agreement with the Rosales law firm.
The accusations, which also include the 15MpaRato movement and the CGT, demand penalties of up to twelve years for the former directors and the audit partner, and millions in fines for Bankia, its parent company, BFA and the Deloitte firm.
The criterion of the prosecution is favorable to keep the particular accusations to consider that the cause affects "the community" and not only the Fund for Orderly Bank Restructuring (FROB), so it is not in favor of applying the "doctrine Booty" .
The defense, for its part, alleged "defenselessness" before the possible change of criteria of Anti-corruption, and as Rato's lawyer, Ignacio Ayala, said, although the prosecutor is free to "change or not" his qualification, the problem is in itself You can make that change and accuse "about facts that we do not know and accuse that we ignore."