May 20, 2022 7:51 pm

Tezanos faces disqualification if it is proven that he leaked the CIS survey data to Iglesias




The president of the Center for Scientific Research (CIS), Jose Felix Tezanos, is back in the spotlight. If just a few months ago he came to be investigated for alleged embezzlement (as a result of a Vox complaint that accused him of using public money to influence the decision of voters and that was finally filed), now it is the possible data leak to former Vice President Pablo Iglesias, which places him on the target. This same week, the leader of Podemos published a message on Telegram in which he claimed to have the data from the CIS survey on the elections in Castilla y León on February 13 before the results were known.

In it he pointed out that his formation was given “between 3 and 5” seats and “11% in Valladolid” and that his feelings were “good”. Later, aware of what that leak meant, deleted the message. Today it has become known, according to ‘El Confidencial’, that 48 hours before this leak Tezanos and Iglesias ate.

Apart from the evidentiary difficulty of this causal relationship, the truth is that if it were shown that this leak has come from the hand of Tezanos, it would imply the commission of a crime since it is a public official who has not complied with the obligations that of that condition are derived. This is stated by jurists consulted by ABC, who believe that the facts could constitute disclosure of secrets, infidelity in the custody of documents or use of privileged information, crimes that carry a penalty of disqualification (in the case of custody of documents, even jail).

I know considered a crime of revealing secrets when the authority or official reveals secrets or information that is known by reason of his position, and that should not be disclosed. The crime is punishable by a fine of 12 to 18 months and special disqualification for public employment of 1 to 3 years. If said disclosure causes serious harm to the public cause or to a third party, the penalties will be increased with imprisonment from 1 to 3 years and in any case special disqualification from employment from 3 to 5 years.

For its part, article 418 penalizes improper use of privileged information, that is, the one that is known by a small number of people because of the position. In this case, the individual who takes advantage of a secret or privileged information obtained from an authority or official is punished for his own benefit or that of a third party. The fine will be three times the benefit obtained and the loss of the possibility of obtaining subsidies, public aid, tax incentives or security for 1 to 3 years.

According to the infidelity in the custody of documents, article 413 punishes the authority or public official that by reason of his public office he had to guard some documents, and knowingly, “subtracts, destroys, renders useless or conceals, partially or totally said documents.” Whoever does so will incur a prison sentence of 1 to 4 years, a fine of 7 to 24 months and in any case special disqualification from public office of 3 to 6 years. Legal sources consider that These surveys would be considered reserved data and as such would be subject to Law 39/2015.(of the Common Administrative Procedure of Public Administrations)

“Immediate resignation”

for now, PP and Ciudadanos have already requested the immediate resignation of Tezanos and the popular ones have announced that they will urge that a commission of investigation be given the green light. In the same line, the formation directed by Inés Arrimadas has manifested itself: «Who is Pablo Iglesias to have the data of a CIS survey before it is published? Is the government going to investigate? It is very serious. This handling of information is corruption. We demand explanations from the Executive and the immediate resignation of Tezanos.”

For the moment, the president of the CIS has not given any explanation on the reasons why Iglesias has been able to have access to these data when they had not been made public.

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