Judge Rejects Generalitat's Involvement in Dana Case

The head of the Court of First Instance and Instruction number 3 of Catarroja, investigating the management of the dana on October 29, has denied the Generalitat Valenciana's involvement in the case as a subsidiary civil party, stating that it is "not appropriate at this procedural moment."

In an order issued and notified to the parties this Wednesday, the magistrate cites jurisprudence from the Provincial Court of Valencia, according to which the subsidiary civil party "joins the process when the civil claim is directed against them, being notified of the indictment or accusation, or before this step, when a judicial resolution is issued to secure their responsibilities."

The judicial resolution, responding to the request submitted by the Generalitat's Legal Department on April 7, is not final and can be appealed within three days for reconsideration or five days for appeal, as reported by the Superior Court of Justice of the Valencian Community.

As outlined in the resolution, Article 121 of the Penal Code states that the State, autonomous community, province, island, municipality, and other public entities are subsidiarily liable for damages caused by those criminally responsible for intentional or negligent crimes when they are authorities, agents, and contracted personnel or public officials in the exercise of their duties, provided the injury is a direct consequence of the functioning of public services.

Thus, if in a procedure the civil liability of the authority, agents, and contracted personnel or public officials is demanded, the claim must be simultaneously directed against the administration or public entity presumably responsible as a subsidiary civil party.

In this case, former Justice and Interior Councillor Salomé Pradas and former Secretary of Emergencies Emilio Argüeso are under investigation, who held the status of authority as of October 29, 2024.

However, the judge believes that the Generalitat's involvement as a subsidiary civil party is not appropriate at this procedural moment. To support this, she refers to different jurisprudence and the law.

The judge notes that the LECrim establishes the communication of the case to third parties civilly responsible during the indictment stage, enabling them to appoint a lawyer and solicitor. In the abbreviated procedure, it states that upon agreeing to open the oral trial, the investigating judge will decide on the measures requested by the prosecutor or private prosecution, both concerning the accused and the civilly responsible parties.

In this way, the third party will acquire the status of civilly responsible when a measure to secure liability is adopted against them, allowing them to intervene both during the investigation and in the oral trial, qualifying the facts in writing. This preserves the principle of contradiction and avoids defenselessness, safeguarding the right to effective judicial protection.