The Provincial Court of Madrid has rejected the claim of the Prosecutor’s Office to agree to the imprisonment of Rafael Amargo and therefore annul the decision of the head of the Court of Instruction number 17 of the capital of release him on December 3 after being arrested for a crime of drug trafficking.

This has been agreed by Section 23 of the aforementioned court in an order in which it rejects the arguments of the Prosecutor’s Office to revoke the freedom of the dancer and another of the accused by not appreciating the risk of flight or that Amargo commit a crime again if he is still at liberty.

The magistrates thus endorse the decision of the investigator -which also imputes Amargo and the other four investigated a crime of criminal organization- to impose only the obligation to appear every 15 days in court and the prohibition to leave Spain, for which he also took away his passport.

The dancer must also communicate any change of address.

The court considers that “at the moment there are solid indications” of the commission of a crime against public health “for trafficking in substances that cause serious damage to health (poper, liquid ecstasy, pink cocaine) and the existence of an action in the field of a criminal organization ”.

And it also confirms that these crimes carry significant prison sentences.

However, the Hearing believes that the Prosecutor’s Office does not “prove” in its appeal the need to agree to provisional detention when, as is the case, the magistrate took into account “the personal, family and labor roots” of Amargo and the other investigated Nor does it show that they are “ineffective.”

Hence, the Chamber understands that the provisional release is “correct and in accordance with the law” and decides to reject the appeal of the Prosecutor’s Office, which means that Amargo will continue to be free, maintaining his status as an under investigation.

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