A Civil Guard agent, assigned to a Traffic unit in Lanzarote, has filed a criminal complaint against his superior, whom he attributes the commission of a presumed crime of administrative prevarication. As La Voz has learned, the complaint has been filed with the duty court as a result of his superior opening a disciplinary file after suffering an accident while on duty.
The events date back to the preparation of an information report after the aforementioned accident, in which it was detected that the agent's military driver's license had expired. According to the complaint, "the Head of Unit, legally responsible for the renewal of said authorization in accordance with article 6 of Royal Decree 628/2014, would have deliberately omitted this rule, limiting himself to citing only article 4 of the same legal text, which requires the validity of the permit, in order to attribute to the subordinate a serious offense for driving with an expired authorization".
The complaint argues that this "omission" has not been detected "neither by the competent authority that receives the disciplinary report, nor by the Legal Advice that issues the corresponding legal report and that orders the file to be opened to the defendant".
In addition, it maintains that "this partial selection of the rule would have had the objective of evading his own administrative responsibility and transferring it unfairly to the subordinate agent." Thus, the administrative resolution "motivated a serious emotional crisis in the agent, who suffered an acute psychiatric decompensation in his superior's office, which required his urgent evacuation in an official vehicle to a hospital." Currently, the agent remains on medical leave and under specialized monitoring.
Sources familiar with the procedure indicate that the medical service of the Civil Guard "has issued a report requesting the paralysis of the sanctioning file, given the risk of aggravating the mental health of the affected person." In parallel, the agent has formally notified the existence of the criminal complaint to the General Directorate of the Civil Guard, as provided for in the internal regulations of the Corps in compliance with the duty of hierarchical information on ongoing judicial proceedings.
It is expected that, after the distribution of the complaint to the competent court, an investigation will be initiated that could lead to criminal, administrative or disciplinary consequences, if the reported facts are proven.
