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2023-09-26 14:00:00

Section 5 of the Provincial Court of Murcia breaks down into four different procedures the proceedings followed in the Investigative Court 4 of Cartagena against four people investigated for irregular works in the settlement known as Algameca Chica, at the mouth of the Rambla de Benipila (Cartagena) .

According to the operative part of the order, this body will continue the investigation of the first complaint and must send the proceedings referring to the other three investigated to the courts that initially initiated the respective procedures for the continuation of the separate processing.

The procedure, in which the Algameca Chica Neighborhood Association appears as the complainant, in addition to the Public Prosecutor’s Office, and the Ministry of Defense as the injured party, was opened in 2021 after a report from the Nature Protection Service (SEPRONA) of the Civil Guard for an alleged crime against the planning of the territory, for the construction in an area of ​​public hydraulic domain, without adjusting to the General Urban Planning Plan of Cartagena, on land classified for protection and defense. In 2021 and 2022, three new procedures were added to this for three new buildings in the same area.

Accumulation that the investigating magistrate based on the fact that the “typical conduct carried out by the four investigated is the same, it was carried out in the same space and the injured party agrees in all cases”, and alluded to “avoiding the risk of contradictory sentences”.

Arguments that are not shared by the Chamber that revokes that decision “in the attempt to avoid complex instructions that prevent the expediting of the procedure”, in addition to the fact that, in this case, “the Court does not find elements that allow it to attribute a connection to the actions (presumably illegal) of four people who carry out constructions on plots without prior agreement or any relationship between them.

Therefore, it is appropriate to uphold the appeal and agree that these preliminary proceedings continue, exclusively due to the facts initially included in the investigation agreed in August 2021 (according to the SEPRONA report received), and the procedure must be broken down with respect to each of the three others investigated.