He refutes a few of the Government’s arguments to justify the elimination of the crime for which the leaders of the procés have been convicted. He assures that the punishment for the occasions of 1-O was in accordance with these of Germany, France or Italy, amongst different nations. decriminalized, as a substitute of reducing the punishment and that an ‘advert hoc’ sentence has been made
Withdraw the prosecution of Puigdemont for sedition, but it surely doesn’t cease there. Judge Llarena’s 71-page order not solely helps him see how you can match the reform of the crimes of the method (sedition and embezzlement), but in addition to clarify his opinion on the authorized change. And the underside line is that he does not prefer it.
In addition, throughout his presentation, Pablo Llarena refutes the arguments with which the Government of Pedro Sánchez has defended the necessity for this reform. Among them, that of standardizing the sentences with different nations round us. In his opinion, they have been already completely permitted, and he depends on a breakdown of the penalties offered for in different nations resembling Germany, France or Italy.
Not solely that, he additionally tells the chief that if what he needed was to scale back the punishment of the leaders of the method, he might have achieved so, as a substitute of bringing it nearer to decriminalization, for the reason that new crime can’t be attributed to the promoters of the method. 1-O, as a result of it didn’t exist then, nor does it match the info.
The “proportionality” of punishment
In his order, the decide factors out that the reform is justified (in his assertion of causes) within the seek for “proportionality” within the legal punishment of crimes that have been beforehand thought of sedition.
However, Llarena factors out that the reform doesn’t provide a minor legal reproach, however virtually decriminalizes the info for the defendants, which in his opinion doesn’t match with that justification of proportionality.
An ‘advert hoc’ reform
The Justice of the Peace can be clear that the reform has been made expressly for the leaders of the method: “it has discovered its genesis, exactly, within the sentence that resolved a part of this legal case” and remembers that the explanatory assertion refers twice to the “the latest utility” of the crime “in clear allusion” to the Supreme Court ruling.
And he factors out that the political speeches whereas the reform was being drafted have been in that line since no different conviction for sedition has been handed down.
So for Llarena, we face a reform that solely analyzes one case, which permits him to guage the explanations of the Government. Moreover, he speaks of the “marked discrepancy with the judicial response issued” by the legislator.
Penalties corresponding to these of different nations
One of probably the most incessantly used arguments by the Government has been that it was making an attempt to standardize the punishment with that of neighboring nations. But for Llarena, that was already the case.
Throughout its 71 pages, the order covers the legal guidelines of Germany, France, Italy, Luxembourg, Portugal, Belgium or Greece, so that every one these nations embody rules designed to strengthen the integrity of the territory on which the respective States are primarily based. .
And he provides that the courtroom of the procés already indicated, in its report on pardons, the penalties with which every state punishes comparable acts. So, assessment what the courtroom mentioned:
In Germany, excessive treason is punishable by life imprisonment or not less than 10 years in jail. In France, the leaders of the insurrectionary motion may also be punished with life imprisonment for assaults on the elemental pursuits of the nation, that means its independence, the integrity of its territory, its safety and the republican type of its establishments. Italy, its Penal Code penalizes violent assaults towards the integrity, independence or unity of the State with a custodial sentence of not lower than 12 years. In Belgium, an assault whose goal is to destroy or change the type of authorities or the order of succession to the throne, imposing the identical penalty for the consummated crime and the tried crime.
And after this assessment, Llarena concludes that the norm was already “absolutely corresponding to that of the nations round us to cope with behaviors just like the defendant.”
The Justice of the Peace remembers that the disagreement defended by the Government, along with not present, can’t be used to clarify the shortage of collaboration within the deliveries of Puigdemont and the remainder of the fugitives, as a result of that has by no means been the explanation for the rejection of extraditions .
embezzlement
As for the opposite crime at stake, embezzlement. Llarena doesn’t take it without any consideration and doesn’t take into account that the attenuated kind suits with the crimes charged.
In his opinion, there was severe embezzlement as a result of the cash was diverted for illicit functions and never for different public functions, which is what mitigated embezzlement contemplates. And not solely that, he provides that “the legal varieties of embezzlement are attenuated as a result of they might solely be considerable if the general public good is quickly obtainable, with the intention of returning it later and due to this fact with a mere will to make use of it quickly.”