Among the arguments put forward, the defense highlights that in previous cases, such as the case of the former president of the Valencian Community Francisco Camps, the courts have allowed trial before a popular jury, which ended in an acquittal. Former minister José Luis Ábalos, currently in custody over the so-called “Koldo case,” has submitted a formal request to the Supreme Court to have his trial conducted before a popular jury, Europa Press reports.
According to information published by Europa Press, the petition focuses on the fact that the majority of crimes accused of Ábalos – in particular bribery, influence peddling and embezzlement – legally correspond to the modality of prosecution by a popular jury, as established by the Organic Law of the Assize Court. Only two counts listed in the indictment, criminal organization and use of confidential information, would fall outside the popular jury’s usual purview. The defense claims that “the majority of the allegations fall within the jurisdiction of the people’s jury” and insists that the main offenses dealt with in the case, such as bribery, should primarily fall within the jurisdiction of such a court.
The document submitted to the Supreme Court recalls that Ábalos has the status of a certified person, which determines that the proceedings must take place in the highest Spanish judicial instance. However, the text states that since the Supreme Court is made up of national representatives, it can be constituted in a special way for jury trials, consisting of a presiding judge and nine citizens, according to Europa Press. It is argued that the inclusion of a jury does not eliminate the jurisdiction of the Supreme Court, but rather that the organization of the court adapts to the specifics of this mechanism.
Ábalos’ defense specifically references the precedent of the Camps case to lay out the basis of his motion. In these proceedings, the Civil and Criminal Chamber of the Supreme Court of the Autonomous Community of Valencia declared itself responsible for some issues related to the alleged acceptance of gifts and decided to deal with the case according to the procedures provided for for trials before a popular jury, recalled Europa Press, citing the document presented by the defense. The result of this trial ended in an acquittal.
According to Europa Press, the former minister faces charges that carry a total maximum sentence of 30 years in prison. The allegations relate to alleged irregularities in the purchase of masks during the pandemic and have led to the first time a sitting national lawmaker in Spain has been placed in preventive detention.
The debate over the advisability of a popular jury in cases of this type revolves around the nature of the crimes allegedly committed by Ábalos and the interpretation of the rules on capacity and jurisdiction. The defense insists that the main crimes charged must determine the modality of the trial, as they correspond to the categories contained in the Assizes Act. The document also mentions that the formation of a people’s jury can be carried out both in the provincial court and in other judicial bodies if the capacity of the defendant so requires.
The decision as to whether the trial will be carried out in a district court or with the participation of a people’s jury remains with the Supreme Court. Europa Press explained that this resolution will be crucial in determining the procedural development in the “Koldo case”, which is investigating the alleged involvement of Ábalos in crimes related to public administration during the health emergency caused by COVID-19.
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