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After the information presented in various media during the last weeks in relation to a complaint filed against the Rector of the University of Murcia, we want to announce that the criminal court has filed the case for not including the facts characters of crime.

The following is an extract of the resolution with the reasons and the decision adopted

CAUSE FILE AUTO.

In response to a complaint lodged by five individuals against Mr. José Orihuela Calatayud for alleged offense of prevarication as a result of the complainants' "having issued an unjust decision and knowing their injustice" by calling for an opposition contest for the provision of four labor staff at the University of Murcia, the Court of Instruction No. 1 of Murcia has arranged:

Legal Basis First:

Of the call approved by the Governing Council and signed by a resolution of February 11, 2017, calling for places of work "does not indicate the existence of a criminal offense, nor can it be considered as a legally unfair act the call for competition to cover On the contrary, they were in the university in the condition of indefinite workmen not fixed by virtue of sentences dictated by the Social Jurisdiction, establishing the Jurisprudence of the mentioned judicial order, on the recognition of such employment relationship, that the body concerned can not attribute the alleged fixation to the workforce with a definite assignment of the job, but, on the contrary, is obliged to adopt the necessary measures for the regular provision of the same, and produced that provision and in the form legally appropriate, there will be a licit cause

to extinguish the contract.

For this reason, it is legally appropriate to open these public places by means of the regulated procedure and guaranteed by the principles of equality, publicity, merit and capacity.

This is also established by art.

34.1 of Law 1/2016 of February 5 of General Budgets of the CCAA of the Region of Murcia for 2016.

It has not been established that such a call, therefore, was for an exemplary purpose, but was agreed in compliance with those judgments;

without that consequent action having to come thus specified in the sentences of the labor order ".

It is understandable "that the university prioritize the call for full-time and more general positions, with a greater demand for applicants to cover them, in addition to others that, in addition to their lower demand, included the regulatory coverage of a part- to the detriment of the consolidation of full-time public employment. "

Later, the order states that "the discretionary criterion adopted (being the discretion that does not involve arbitrariness, a principle of administrative action) can not be considered a criminal act from a criminal point of view (...) the convocation of the places of the prosecutors is adopted by whoever has jurisdiction, does not lack the essential formal elements nor does it involve a contradiction that is patent and unquestionable with the legal system, but it is the latter that legitimates, formally and materially, the taking of that decision, and can not be considered it is therefore a clear and manifest injustice. "

Second Legal Basis: "... it is estimated that the facts do not fit in the figure of prevarication or another analogous one, and for that reason it is necessary to agree on the provisional dismissal and file of the cause".

FAILURE:

The judge, finally decides to "agree to the provisional dismissal and file of the case for not including the facts of any criminal offense."

So it agrees, sends and signs SS in Murcia to 23 of October of 2017.

Source: Universidad de Murcia