The High Court has issued its ruling on the appeal filed by M.D.M. against the Court of First Instance’s August 15, 2025 decision.
In that earlier decision, the lower court rejected M.D.M.’s requests to order the Public Prosecutor’s Office (Ministerio Público) to provide detailed information about the nature and basis of the accusations against him and to make a decision in his case no later than August 23, 2025—or within a “reasonable period.”
The High Court heard the appeal on September 9 and this week dismissed it.
According to the ruling, the Public Prosecutor is conducting the criminal investigation in accordance with the law. Because the Prosecutor is responsible for investigations and prosecutions, the court found that judges cannot take far-reaching decisions during this investigative phase.
Based on the results of the investigation, the Prosecutor will decide what actions to take against the suspect. It is not customary for a suspect to play an active role in this stage.
In this exceptional matter—given that the person concerned was about to be (and possibly still could be) appointed as a minister—the suspect was informed of his status and of the suspicions against him. The High Court concluded that the Prosecutor complied with all applicable obligations in these specific circumstances.
The Prosecutor is not required to provide further information, neither in this case nor as a general rule. The court emphasized the Prosecutor is operating within its legal function, including evaluating the case once the investigation concludes. As a guideline, the court noted that a “reasonable period” for this evaluation is generally up to two years. It also acknowledged structural pressure on investigative capacity, which can affect the pace of many investigations.
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