The Hearing of Bizkaia has dismissed the case against a woman arrested for incidents at a Vox event in Santurtzi

The Provincial High Court of Bizkaia has decidedto dismiss the criminal case against a woman arrested during the incidents at a public Vox event in Santurtzi inSeptember 2020 . The Provincial High Court considers that her statement as an investigator was taken outside the legal investigation period, which invalidates this procedure and forces the case to be dismissed.

The Three Lawyers' Office, in charge of the detainee's defense, has explained that the events took place on September 3, 2020,when Vox held an event in the Park area in downtown Santurtzi, attended by the party's then general secretary, Javier Ortega Smith.

There was a protest rallyin which twelve people were arrested for public disorder, an attack on law enforcement officials or for resistance, damage and injury.

Deadline

Among these persons was the defence of the Three Lawyers Association, which did not declare until 10 May 2022, more than a year and a half after the commencement of the investigation, that there had been no decision to extend the deadline.

Counsel has stated that the law sets the maximum time limit for the investigation of such a case at twelve months (article 324 of the Criminal Procedure Act), and has therefore stated that such a declaration was made "well after the expiry of that period".

On the basis ofthis argument, the defence challenged the validity of the investigation and the Provincial High Court has proved it right. In its order, the court recalls that an investigation cannot be conducted "without contradiction and behind or outside the backs of the investigator, who has the right not only to know the charge but also to intervene in the investigation by offering his version of the discharge".

With this reasoning, it declares the statement of the investigator null and void and agrees to filethe case . The order is final and there can be no appeal against it.