The majority of the Fiscal Council has opposed the creation of one of the two specialized units to strengthen the fight against corruption proposed by the Action Plan for Democracy announced by the Government, considering it to be creating a “parallel structure” to the Anticorruption Prosecutor’s Office. The aim of the meeting was to issue a report on “the draft royal decree to increase the organic staff of the Public Prosecutor’s Office to adapt it to existing needs”. Specifically, this includes 79 positions, 6 of which are for the two new specialized units: one for Economic Crimes against the Tax Authorities and another for Crimes against the Public Administration. The proposed report by the Fiscal Inspection has positively evaluated the creation of both units, but the six elected members of the Association of Prosecutors (AF) and the independent Professional Association of Prosecutors (APIF) have opposed the unit specialized in Crimes against the Public Administration.
They believe there is an “overlap of competences” with the Anticorruption Prosecutor’s Office. They have suggested that if the goal is to strengthen the fight against corruption, what should be done is to provide more material and human resources to the special prosecutor’s office led by Alejandro Luzón. The other members of the council, including the two elected members of the Progressive Union of Prosecutors (UPF) and the two ex-officio members, have supported the creation of both specialized units, understanding that any expansion of the Public Prosecutor’s Office structure is positive as it reinforces its actions. They also believe there is “no overlap” with the Anticorruption Prosecutor’s Office because this special prosecutor’s office has jurisdictional functions, while the two new units would focus on cases of lesser importance.
It has been reported that the Fiscal Council will issue two reports, one signed by the majority representing those seven members, and another as a dissenting opinion endorsed by the other four members. However, it should be noted that neither report will be binding. Regarding the specialized unit for Economic Crimes against the Tax Authorities, the consensus was mostly in favor, with only the elected member of the APIF opposing it. According to the Action Plan, the objective is to “advance in the fight against the phenomenon of public and private corruption” by improving “the effectiveness in the criminal response to acts that undermine public assets and the trust of citizens in their democratic institutions, mainly against tax fraud and public corruption”.
“These two new units of the State Prosecutor’s Office will be reflected throughout the country through the territorial deployment of the Public Prosecutor’s Office through the deputy prosecutors of both specialized units”, which will “provide greater specialization in the investigation and prosecution of this criminal scourge, the fight against which is an absolute priority.”
