Portal de Murcia
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Investigating Court No. 1 of Murcia has ordered the dismissal of the case file and open a year ago on the excavation and removal of archaeological remains found in the subsoil of the garden of San Esteban.
The order, issued on November 15 that "the facts that have motivated the initiation of these proceedings are not of the opinion of the instructor, the characteristics of a crime against the established heritage in Article 322 of the Penal Code in relation Article 404 of the same Code, or crimes against property damage historic articles 323 and 324 of the Penal Code. "
Regarding the first case, consider circumstances such as the archaeological remains of the Garden of San Esteban, the date of the resolution that started the process of extraction, storage and relocation of the remains Islamic "were not declared interest cultural or initiated proceedings to provisionally apply those rules. "
It is also, the evidence collected by experts, "that from the archaeological point of view the procedure was successful" and that "concerning the disassembly and removal, now everything is possible to do" and that "both the decision to lift as not to raise is absolutely legitimate. "
It is estimated, however, that the execution of the works had been necessary to a project, not a blueprint, but there is crime "is not enough that the resolution is not correct in law", but "it is necessary the existence of a surplus of illegality, coupled with the malicious intention of bending the law ", what follows that" these acts are not of the necessary elements to qualify as a crime. "
As for the crime of damage to the heritage, the order indicates that not presenting the typical elements, as legal experts in its report and subsequent ratification, have stated that "the excavation system chosen and the neatness of the construction phase suggest that the work was right "and that" damage to the suspension of the work have been negligible. "
Source: CARM
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