# E.G. 745/2026 — counter-action architecture

**Control date:** 29 August 2026; action-state update 31 August 2026
**Purpose:** keep remedies procedurally distinct while preserving a unitary evidential dossier. Publication records positions and requested remedies; it does not convert allegations into findings.

| Track | Object | Present state | Evidential threshold / dependency | Interaction control |
|---|---|---|---|---|
| CA-01 | Recurso potestativo de reposición | **Working route elected for preparation; drafted; not verified filed** | Official Decree; REGAGE26e00070235775; exact effective-notification date; final annex approval. Registered-source identity is now closed by SHA-512 match. | User's stated objective is to exhaust useful personally manageable/no-cost routes and defer direct contentious review. If reposición is filed, apply the statutory interaction before any later contentious filing. |
| CA-02 | Complete expediente / controlled or certified index / copies | Drafted protective request | Proof of interested-party status as applicable; precise production scope | Separate from merits. Do **not** treat as suspending review deadlines. |
| CA-03 | Preservation | Drafted protective request | Finite source list: institutional email/headers/attachments, routing/allocation, GEISER/RedSARA/other applicable traces, decision material | Preservation request does not establish prior loss, destruction, alteration or concealment. |
| CA-04 | Official identification of relevant fiscales / decision-makers | Outstanding production request architecture | Actor-by-actor functional acts and official routing/decision records | Gil Marer's identification/allegation remains distinct from official confirmation. Sequence is not coordination evidence. |
| CA-05 | Native documents and metadata | Drafted | Native/searchable/verifiable Decree, electronic-signature/verification data, source-routing metadata | The received rasterised PDF characteristic is fact; intentional rasterisation is not inferred. |
| CA-06 | Correction of factual/procedural characterisations | Draft architecture | Source-to-Decree comparison: scope delimiters, named proceedings, numbered requests, requested institutional attribution | A contested proposition is not an adjudicated error until corrected or determined by competent authority/court. |
| CA-07 | Superior Fiscalía/FGE escalation | Triage only | Competence, exhaustion/route rules, exact relief sought, new or unresolved institutional issue | Must not be used as an undifferentiated duplicate of reposición. |
| CA-08 | Direct contentious-administrative review | Alternative / preparation only | Standing, exact deadline, record, route election, counsel approval | Not simultaneously treated as the ordinary merits route after reposición unless counsel identifies a lawful basis. |
| CA-09 | Inspection / disciplinary route | Triage only | Identified actor, identified act/omission, applicable duty, reliable evidence, competence | Adverse outcome or disagreement with legal assessment is not itself disciplinary misconduct. |
| CA-10 | Criminal route | **No automatic filing recommendation** | Offence-specific elements, actor-specific conduct/knowledge/intent where required, jurisdiction and non-duplicative evidential basis | Do not infer criminal intent, coordination or institutional criminality from sequence, archive or adverse decisions. |
| CA-11 | Civil / patrimonial / State-liability route | Triage only | Legally cognisable damage, causation, attribution, exhaustion/timing rules, competent defendant/route | Must remain distinct from disciplinary/criminal assertions and from the merits of E.G. 745 itself. |
| CA-12 | Linkage to pending proceedings including RPL 2523/2025 | Evidence/preservation linkage | Legal relevance and admissible procedural vehicle in each proceeding | Linkage does not merge jurisdictions or make one proceeding determinative of another. |
| CA-13 | Separate particularised disciplinary complaint | **Not yet made as a complete actor-specific instrument** | Complete E.G. 745/six-file records; act, duty, competence, knowledge, mental element where relevant, causation, alternative explanations and non-duplication | Earlier alerts, denunciations about private actors, production requests and the 31-Jul autonomous communication do not automatically equal this instrument. Do not file as a rhetorical duplicate of reposición. |
| CA-14 | Courtesy reply to 26-Aug notification | Ready only after formal registration | Signed reposición PDF plus exact REG-AGE/RedSARA receipt | Attach the same formally filed PDF and receipt. A public open-letter link is supplementary only and never filing proof. |

## Unitary Fiscalía / calificación context

E.G. 745/2026 should be analysed against the earlier Ministerio Fiscal record because its originating request expressly concerns **post-knowledge institutional conduct** and asks Inspection to reconstruct responsibility from institution-controlled records. That broader continuity includes, where the primary record supports it, the calificación of Concurso 36/2012, the March 2019 fiscal dictamen, the 2023 vista, DI 248/2018 and other Fiscalía decisions, RPL 2523/2025, later preservation/production requests, and whistleblower/post-knowledge communications.

That continuity is **context, not proof of coordination**. The dossier must preserve four separate questions for every named actor or institution:

1. What act, attendance, signature, communication or decision is established by a primary source?
2. What identification or allegation is attributed to Gil Marer or another declarant?
3. What inference is being tested?
4. What still requires official institutional or judicial determination?

## Public-source labels

Use these labels or their clear equivalent on public pages and controlled records:

- **PRIMARY-SOURCE FACT** — directly shown by a preserved native source or controlled receipt.
- **PROCEDURAL FACT** — docket/notification/filing status supported by a reliable procedural record.
- **OUR ALLEGATION** — attributed contention, not an adjudicated fact.
- **INFERENCE / HYPOTHESIS** — analytical proposition requiring testing.
- **UNRESOLVED EVIDENTIAL QUESTION** — evidence needed before verification.
- **INDEPENDENT DETERMINATION REQUIRED** — matter for the competent institution/court.

## Named-fiscal control

Where the repository discusses the fiscal associated with the 2019 calificación and the 2023 vista, it must continue to distinguish: (a) what the official document or audiovisual record itself identifies; (b) Gil Marer's identification/attribution; and (c) the identity, role, knowledge and decision-making acts still requiring confirmation from official records. No page should collapse those three layers.

## Filing status lock

As of the fresh 31 August 2026 mailbox/REG-AGE control, there is **no reliable evidence located that the E.G. 745/2026 reposición has been filed**. Its public and repository status remains:

**PREPARED / OUTSTANDING — NOT YET VERIFIED AS FILED**

This status may be upgraded only by an actual sent communication, REG-AGE receipt, judicial receipt or equivalent filing confirmation.

The filing-proof control was re-run on 31 August 2026 across targeted sent mail and REG-AGE/Drive candidates. It again found no qualifying reposición or receipt, so the lock remains unchanged. Separately, the registered source attachment and the signed 31-July master are now verified byte-identical by exact SHA-512 match; that closure does not upgrade CA-01.

Current wider-record priorities and rank are controlled by `evidence/fiscalia/2026/MINISTERIO_FISCAL_WIDER_MATTER_EG745_UNITARY_EVIDENCE_ACTION_DIGEST_31AUG2026.md`.
