The judge of the National Court admits the complaint of the entrepreneur investigated in the alleged Madeira pyramid scam against the MEP Alvise Pérez | CGPJ | Judiciary | National Court | Communications Office

2024-10-25 10:50:00

The judge of the National Court José Luis Calama admitted the complaint presented by the entrepreneur investigated in the alleged pyramid scam of Madeira Invest Álvaro R. against the MEP Luis PF, known as ‘Alvise’, for the crime of illicit financing of political parties having received 100,000 euros to finance his election campaign for the European Parliament.

With an order, the magistrate offers the MEP, given his status as a certified person, the possibility to appear in the proceedings and testify voluntarily in court on 20 November, as well as provide documents, propose investigative measures and participate in the investigation of the case .

To investigate the facts related to the crime of illicit financing, the head of the Central Court of Education Quattro agrees to open a separate and independent piece from the main case, in which the alleged pyramid scheme is investigated through the investment platform Madeira Invest and several of its administrators.

In this case, the magistrate underlines in his order that the behavior of Alvise Pérez in promoting the alleged illicit activity carried out through the financial network generated around the Madeira Invest Club could give rise to his consideration as a necessary collaborator in the crime of aggravated fraud association.

Finance your campaign safely and comfortably without state persecution

In his resolution, the judge takes up the complaint of Álvaro R. in which he recounts the various contacts he had with Alvise Pérez with the intention that the entrepreneur would obtain the promotion of his services and the MEP “could safely and comfortably finance the his campaign without state persecution.”

After various contacts, according to the complaint, on May 27, Álvaro R. told Pérez that he could stop by the Sentinel to collect the sum of 100,000 euros in cash, to which the latter replied: “100%. You make an urgent part of the campaign possible for me. Thank you very much, uncle.” When Álvaro R., the story continues, received confirmation from an employee that the aforementioned sum had indeed been delivered, he wrote to Alvise to confirm it again, the latter replying that everything was ok and thank you 100,000.

The admission of the complaint does not constitute a judicial indictment

After analyzing the complaint, the judge highlights that the facts presented could constitute a crime of illicit financing of political parties and agrees to open a separate case to investigate these facts. It also indicates that the documents accompanying the complaint give it credibility, so that the necessary requirements exist for its admission to the processing and carrying out of the investigative procedures.

Now, he clarifies, the admission of a complaint to treatment does not yet constitute a judicial accusation, although it allows the accused to begin to defend himself in the trial in accordance with the provisions of the art. 118 LECrim. “It represents, instead, the opening of an avenue for the judicial investigation of facts which one or more persons, acting as complainants, under their responsibility, bring to the attention of the judicial body, and with respect to which, as reported in the complaint, its criminal nature cannot be ruled out. Naturally, the above does not prevent the possibility of a real judicial accusation following provisional verification of the reality of the facts.”

The crime of illicit financing of political parties

Calama analyzes in his writing the crime of illicit financing of political parties and explains that it is a crime of mere activity, therefore it does not require the result to be produced, and its commission by omission is not possible, therefore it is intended to be committed with the mere conduct, without the need for the result to occur.

“Consuming the mere delivery, or receipt, would commit the crime, so that, knowing that the delivery is intended for the subject, and that it also violates some of the prohibitions referred to in articles 5.One and 7.Second of the Law on the financing of political parties , the crime would be committed. No acceptance or any additional procedure is necessary, but only the factual fact of delivery of the donation in question,” he concludes.

The complainant is under investigation

The teacher explains that the crime of illicit financing, such as extortion or extortion, in addition to punishing those who receive donations for political education, extends its responsibility to “those who provide donations or contributions intended for a political party, federation”. , coalition or group of voters, alone or through an intermediary”.

In this case, the complainant Álvaro R. also appears responsible for this method, so it was agreed to change the status of witness that would correspond to him as a complainant to that of a suspect, so that he can exercise his right of defence. The judge also scheduled his plea for Nov. 20.