En este contexto, la office of the prosecutor recalls in a statement that it has already initiated investigation proceedings with Juan Carlos I on November 18 and 5, 2020, and «after a thorough investigation, they were filed on March 2, 2022».
Therefore, the office of the prosecutor now reaffirms the reasons stated in the March 2022 Archive Decree, because in the aforementioned complaint «there are no facts or sources of evidence different from those already considered for filing».
Specifically, the Public Ministry refers, regarding the 2020 proceedings, that in the archive decree, it was recorded that «despite the fact that the investigation carried out (…) does not allow for any criminal action against the» Former King for «5,095,095,148 euros for public coverings».
An appropriate amount, as it is recalled, «to the tax rates owed by Juan Carlos de Borbón to the Public Treasury, including the appropriate surface and interest rates».
On the other hand, in relation to the second investigation procedure, the archive decree indicated that «between 2004 and 2021, there are no indications that allow for trust in JRM 2004 with SMD Juan Carlos de Borbón, neither in its administration nor in the ability to have funds; At no time did it have the condition of benefits.
However, the prosecutor recalls that, as of June 19, 2014, the date when the abdication of the former king was effective and the «inviolability and irresponsibility» established by the Constitution, the provisions of the JRM 2004 trust were effective, were amounts that, in no case, something that exists.
The plaintiffs emphasized that these five tax crimes attributed to the former king between 2014 and 2018 were not prescribed, while affecting criminal prosecution, Juan Carlos had opened an investigation for the existence of tax crimes.
«The Public Ministry when communicating an investigation opening of investigation proceedings in which there are data on irregular activities with tax relevance, can never have detailed knowledge of the data supporting a possible tax violation, because it is information that only the tax agency can have knowledge of the file, once the filing can be concluded.
Furthermore, they requested the statement of Juan Carlos I and that natural persons, such as his relatives Álvaro de Orleans Borbón, Arturo Fasana, and Dante Canonón, and legal representatives of the corporate entities appearing in the text, appear as witnesses.
Finally, the plaintiffs justified the filing of the complaint presented to «defend the general interest», understanding that there are crimes against public shation «that violate not only the precepts of the Penal Code (…), but also the principles of equality and solidarity, in addition to the necessary legal and ethical obligations, especially for those who hold the state, in this case.
