The lawyer of the State of the method, Rosa Seoane, throughout the trialEuropa Press
The State Advocacy has requested the Supreme Court to overview the sentence of 13 years in jail and disqualification imposed on the previous vice chairman of the Generalitat of Catalonia and ERC chief, Oriol Junqueras, and change it with a sentence of seven years of absolute disqualification after the reform of the Criminal Code that repeals the crime of sedition and modifies that of embezzlement. Unlike the Prosecutor’s Office, which requested on Wednesday that the disqualification be maintained as it’s, the State lawyer Rosa María Seoane doesn’t respect that embezzlement for revenue could be imposed.
“Neither was any proof on this regard carried out within the trial, nor was it declared within the sentence that the acts dedicated by the accused have been for their very own revenue or that of third events, nor with the intention of acquiring these convicted of embezzlement their very own profit or another person, on the event of these, for which cause the details topic to condemnation can’t be subsumed within the conduct of appropriation for revenue”, writes the State lawyer.
This petition wouldn’t serve the ERC chief to face for elections in 2023 both, since he would proceed to be disqualified till 2025. That, in fact, within the occasion that the Supreme Court agrees with the State authorized providers, which have offered their allegations within the final day of time period.
In a letter, to which Europa Press has had entry, the authorized providers of the Administration have addressed the magistrates of the courtroom who judged the reason for the ‘procés’ and who imposed a sentence of 13 years in jail and disqualification on Junqueras for the crime of sedition in media contest with embezzlement. The Supreme Court had given the defenses and the accusations 8 days to rule on the influence of the penal reform on the sentences set in October 2019.
In 39 pages, the Legal Profession has thought-about it pertinent to cut back Junqueras’ disqualification sentence to 7 years, “considering the penalties offered for in article 433 of the Penal Code —with which using public property for functions aside from that it was intended– and 557.2 –relative to public disorder–” when appreciating “the medial competitors between each crimes”.
The courtroom of the ‘procés’ should overview the sentences imposed in 2019 to use essentially the most favorable Penal Code to the convicted, as established by the norm itself in its article 2. Although the Supreme Court has summoned the events to rule, will probably be the courtroom — presided over by Justice of the Peace Manuel Marchena — who lastly decides how the sentence stays.