The Treasury asks Congress to work on a rule to be able to enter homes without warning

The Treasury asks Congress to work on a rule to be able to enter homes without warning

Gascón points out that access to homes with prior notice to carry out checks “does not seem very effective when there is the possibility of destroying evidence”

The Treasury asks Congress to work on a rule to be able to enter homes without warning

The general director of the Tax Agency, Jesús Gascón, defended this Thursday that access to homes with prior notice to carry out checks “does not seem to be very effective when there is the possibility of destroying evidence “, after the Supreme Court ruled that the Treasury You cannot access an address or business on a “hunch” or “to see what you find.”

This was pointed out during his appearance at the Congressional Budget Committee to report on the 2021 General State Budget (PGE) project, in which Gascón has referred to the Supreme Court ruling and has defended that individuals and Legal entities have “protection” and constitutional rights that must be “reconciled” with the fact that an investigator with judicial authorization can access the premises without prior notice.

“Access with prior notice does not seem to be very effective when there is the possibility of destroying evidence,” said Gascón, who, however, pointed out that the Supreme Court “has put the problem on the table” and has said that there is to see the regulations and find the most appropriate solution, so that ” what is now is weak .”

For this reason, he indicated to the deputies present in the Budgets Committee that there is a “task ahead” in this matter that will have to be seen “immediately” and “probably” parliamentarians will also have to deal with legislatively , reports Europa Press.

In any case, he refused to “systematically” use criminal proceedings, since, in his opinion, it has to be the “last resort” , since “by prosecuting more cases, the job is not being done better, sometimes it can be counterproductive” . “The criminal procedure has to be exceptional, I am not worried that the number of judicial proceedings is greater or less; the judges have to go what has to go, no more or less,” he added.

The Supreme Court ruling

In a judgment published at the beginning of October, the Second Section of the Contentious-Administrative Chamber of the Supreme Court annulled a judicial order that authorized the request of the Treasury to enter the domicile of a company based on the fact that it had paid taxes. below the industry average, suggesting that it may have been hiding actual sales.

Thus, it established that an address or company cannot be accessed for a “hunch” or a “merely prospective or undetermined” purpose or “to see what is found.”

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