The Provincial Court of Madrid has issued the provisional dismissal of the procedure known as “Malinche case”, in which the music producer Nacho Cano was investigated for the alleged irregular hiring of Mexican fellows for his homonym musical.
Legal entrance and administrative procedure
The Court partially estimates the appeal filed by Cano and other investigated, concluding that there was no attempt to introduce Mexican citizens clandestine in Spain. The magistrates clarify that young people accessed the country as tourists —Without visa, according to current regulations – and subsequently requested a stay permit as students.
Although the procedure is rare, the Chamber considers that it is a practice assumed by the legislation of the European Union. The judges underline that the objective of young people was not to remain illegally, but to regularize their situation through the way of studies, although finally the visa was denied. In this sense, the commission of a crime of traffic of persons, provided for in article 318 bis of the Criminal Code is not appreciated.
Initial accusations and case evolution
The investigation began as a result of the complaint of one of the fellows, Lesly Ochoa, who accused the organization of the musical of using scholarships as a mechanism to use young Mexicans without adequate contract or remuneration. The cause was initially assumed by the Court of Instruction number 19 of Madrid in July 2024 And it focused on the possible labor exploitation, fraud at foreigners and irregular hiring.
Nacho Cano always denied the accusations, claiming that it was a political persecution against him and that there were irregularities in the judicial process, including the allocation of the instructor judge.
The hearing considers that a fraudulent purpose or the gravity necessary to configure a criminal offense has not been accredited. According to the car, the procedure used by the organizers of the musical cannot be considered a clandestine entry, but a legal, although debatible strategy to access a student visa.
The decision is a turn in the process and leaves the judicial investigation, Waiting for new elements that could reactivate it. At the moment, Nacho Cano and those responsible for the musical Malinche are exempt from the most serious accusations.
