The judge has shelved the case of the Irurak Bat Palace in Getxo for lack of urban crime and prevarication
The judge considers that the demolition of the property, which took place in August 2024, was protected by urban planning regulations and concludes that there is no basis for further investigation.
The Irurak Bat PalaceJudge in Getxo has decided to dismiss the case, finding no urban crime or prevarication in the demolition of the building under municipal supervision, which was demolished in August 2024 to build luxury homes.
In an order, the judge states that thedemolitionof was an activity covered by the applicable urban regulations and concludes that the facts investigated do not constitute a crime. In the case there were 10 persons investigated, including three former PNV councillors.
The La Aldea ruling applies here.
After hearing a ruling by the High Court of Justice of the Basque Country on the 'La Aldea' case in Neguri, the judge asked the parties whether they should continue the proceedings, since the Neguri building was in municipal custody and was demolished.
According to the judge, the consequences of this judgement "can be fully transferred to this case", namely the Irurak Bat case, in which the High Court of Justice of the Basque Country established that the inclusion of an immovable property in the municipal custody regime does not automatically imply its consideration as a cultural asset of basic protection.
According to the order, the entry into force of Law 6/2019 on Basque Cultural Heritage did not result in this automatic modification either, so the property maintained the regime provided for in the General Urban Management Plan (PGOU), which provided for municipal surveillance.
Demolition is not an urban crime.
The judge concludes that, under these circumstances, "demolition was possible", as envisaged by the PGOU itself, so that the regulatory requirement necessary to conclude the existence of an urban crime disappears.
The magistrate admits that other offences of an administrative nature could have been committed, but stresses that such offences would be "outside the scope of criminal law".
The same conclusion is reached in the offences of prevarication investigated, in which, according to the order, the action examined must be contrary to urban planning regulations.
For all these reasons, the judge considers the facts to be "atypical" and agrees to dismiss and dismiss the case freely.
Confiscated electronic devices shall not be examined
The judge also rejects the continuation of pending investigative proceedings and, in particular, does not authorize the examination of the contents of electronic devices seized from entries and records made in the context of the investigation.
The devices shall remain in police custody, without reaching the contents, and shallbe returned to the owners when the resolution is final.
The Civil Division and Investigation Order of the Getxo Court of Appeal may be appealed to the Court itself for reform or subsidiary appeal to the Provincial High Court of Bizkaia.
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