The Superior Court of Justice of Madrid (TSJM) has endorsed the resolution of the Madrid Provincial Court by which the dancer Rafael Amargo was acquitted of a crime against public health. The artist, who was accused of alleged drug trafficking in the Madrid neighborhood of Malasaá, faced a sentence requested by the Prosecutor’s Office of nine years in prison.
The decision of the TSJM, which can only be appealed to the Supreme Court, maintains the theory that the wiretaps supposedly probative of the criminal acts were obtained unjustifiably. The minimum requirements required by law to agree to the interference with the secrecy of communications were not met, the ruling states.
For this reason, since messages and telephone calls have been intercepted, the judges consider that the incriminating value of the evidence has been weakened to the point of nullifying its constitutional consistency. The Court of First Instance subjected the initial Order to the appropriate degree of requirement, moving away from permissive canons when it came to ensuring the protection of an authentic fundamental right such as that of the secrecy of communications.he adds.
Furthermore, by excluding the wiretapping from the case, the rest of the alleged demonstrations of the commission of the crime are contaminated, which is why it was decided to acquit Amargo. These two circumstances, from a rigorous understanding of criminal guarantees, They prevent us from delving deeply into what the accusation supports and getting to the bottom of the facts.
Rafael Amargo was arrested in December 2020 along with three other people as part of Operation Codax. He even slept in the dungeon and provisional prison was even demanded for him while the case was investigated. However, the judge decided to take preventive measures such as forcing him to sign or withdraw his passport while releasing him with charges that, at the expense of what the Prosecutor’s Office determines with respect to a possible appeal, remain in limbo.
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