Last November, the Prosecutor’s Office of the Supreme Court notified the law firm Javier Sánchez Junco, who represents the King Emeritus, the opening of investigation proceedings on the use of opaque cards by the former head of state and other family members from amounts of money donated by a Mexican businessman who they reached 800,000 euros.
Legal sources confirmed that it was an official communication from the Public Ministry, which could be at the origin of the decision of Juan Carlos I to proceed to a tax regularization for a total amount of 678,393 euros yesterday Wednesday.
The adjustment of accounts with the Treasury carried out by the emeritus thus anticipated the presentation of a complaint by the Prosecutor’s Office for alleged tax fraud between 2016 and 2018 with the aim of avoiding a criminal investigation.
The Supreme Court will decide if this regularization allows avoiding criminal proceedings
Article 305 of the Penal Code stipulates that any regularization must take place “before the Public Prosecutor, the State lawyer or the procedural representative of the autonomous, provincial or local Administration” that is investigating “files a complaint or complaint” or that before “the Public Prosecutor’s Office or the Investigating Judge carry out actionsthat allow him to have formal knowledge of the initiation of proceedings “.
The sources consulted assure that it will be the Office of the Supreme Court Prosecutor that will have to decide whether this regularization allows you to avoid criminal proceedings. In your hands is also the detailed analysis of the tax return. The Public Ministry will analyze in detail the origin of the money with which the debt with the Treasury has been satisfied and will check if it is “true and complete”, otherwise the regularization could be rejected and the emeritus could not avoid criminal proceedings.
The lieutenant prosecutor of the TS, Luis Navajas, who is now in charge of the investigation, retires this month and will have to be replaced. The only candidate to take over the position is the prosecutor Juan Ignacio Campos which, predictably, will be proposed by the State Attorney General, Dolores Delgado.
He will be the one who studies the origin of the money used to pay the tax regularization made by the King Emeritus and thus remove the danger of a criminal prosecution for tax fraud and money laundering.
The opaque cards
The amount paid to the Treasury is related to the use of opaque cards by the King Emeritus and several family members against the 800,000 euros received from the Mexican businessman Allen Sanginés-Krause between 2016 and 2018, when Juan Carlos I was no longer protected by the immunity granted by the Constitution to the head of State.
In order for the payment of these amounts together with the corresponding surcharges and interest to definitively remove the danger of a criminal investigation, it must cover all the amounts defrauded to the Public Treasury and that is precisely what the Prosecutor’s Office must verify now, which discards a quick file of the cause.