Complaint before the Alicante Prosecutor's Office against Investigating Court No. 3

When a prosecutor's office declares itself incompetent, its own statute marks the next step: to refer. This file documents what happened instead.

The complaint

• Filed on 28 August 2021 before the Public Prosecutor's Office of Alicante.
• Object: the action of Investigating Court No. 3, which, with knowledge of the attachments and warned in documents of the title's defects (A.41, A.42, A.49), allowed the consummation of the expropriations.
• Support: the documentary file of the tax front, already complete on that date.

The prosecutorial response, in two stages

• First: no investigation step.
• Then: the indication that the matter should be raised before the Supreme Court.
• What is missing: the referral — the Prosecutor's Office that invoked the Supreme Court's competence referred nothing to it, nor to any other body.

The framework of the duty

Article 5 of the Organic Statute of the Public Prosecutor's Office orders, before any complaint, the carrying out of steps or the ordering of a reasoned filing; basic institutional loyalty requires that the declaration of incompetence be accompanied by the referral to the competent body. To invoke the Supreme Court without referring to the Supreme Court is neither of the two things.

How to verify it

Look for two documents: the reasoned filing of this complaint and the referral order to the Supreme Court. The file contains neither — and that double absence is the annex.