As of right this moment, the crime of sedition is historical past and that of non-profit embezzlement sees its penalties diminished. So it is as much as the Supreme Court to adapt to the brand new actuality and to start with, it’s going to overview nothing extra and nothing lower than the sentence of the method, which sentenced Junqueras and eight different 1-O leaders for each crimes. For that, this Thursday he’ll ask the events – defenses and accusations – what he ought to do.
The events may have a interval of roughly eight days to reply and they’re getting ready their briefs. At the second, the attorneys for Junqueras and the remainder of the ERC convicts are going to request a “overview of the sentence in order that the judges say that there isn’t a longer a criminal offense,” in response to authorized sources affirm to NIUS.
As for these of Junts, they keep the authorized thesis that when the crime of sedition disappears, the primary crime disappears and that this erases the crime of embezzlement, as a result of it was dedicated to help sedition. In any case, the protection of Jordi Turull, Josep Rull and Jordi Sánchez, is assessing what steps to take.
All these convicted noticed their jail sentences commuted within the pardon granted in June 2021. But the disqualification was pending, which prevents them from operating for elections. The Government insists that, with the reform, the crime of embezzlement continues to keep up excessive disqualification penalties -six years- for many who didn’t put cash of their pocket. In this case, the disqualification (which is what these convicted of the method have pending) is a most of six years.
As for the crime of aggravated public dysfunction, which replaces sedition and it isn’t clear that it will possibly match into 1-O, the disqualification is for as much as eight years.
Will Junqueras go to the elections?
If the arguments that talk of eliminating the 2 crimes succeed, he can be in a position to take action with full certainty, as a result of the disqualification would vanish and Junqueras can be in time to attend this 12 months’s elections. But the chances are a number of:
On the one hand, it’s essential to see if what occurred within the days round 1-O 2017 could be thought of a criminal offense of public dysfunction, as an alternative of considered one of sedition. Legal sources see it as tough, nevertheless, they do imagine that the crime of disobedience, which is punishable by a effective. From there, we must see what occurs with embezzlement. Does it disappear as a result of the cash was used for one thing that’s not a criminal offense? Does it persist as a result of the funds had been used for one thing that was not deliberate? Is it thought of that there was not a harm critical sufficient to impose jail sentences?
The penalty for the crime of diversion of non-profit funds is as much as 4 years in jail and as much as six years of disqualification. So relying on the choice and the part of the prison fork that’s imposed -in case it’s imposed-, Junqueras might stand for election.
At first, the Supreme Court set the top of the disqualification of Junqueras in 2031. With the repeal of sedition, it was estimated that it might finish in 2026. But the discount in embezzlement can reduce it extra. Because additionally, if the harm induced to public coffers shouldn’t be thought of critical, the disqualification might stay for 3 years, which within the case of the ERC chief is already greater than fulfilled.
But to know what the courtroom responds, we must wait a bit. If the courtroom asks what to do and provides a interval of eight days, there can be no resolution by the judges earlier than January 19. However, Puigdemont’s state of affairs might present the best way to what will occur.
Llarena will cleared the path with Puigdemont
As for Carles Puigmdemont, who has not but been tried as a result of he fled to Belgium with a number of ministers, he’s within the arms of Judge Pablo Llarena. And NIUS has been capable of affirm, the Justice of the Peace has been working since Wednesday on a automotive during which he’s learning whether or not or to not annul the Euro-orders.
The automotive is scheduled to be issued right this moment. And in it we’ll see how the occasions of September and October 2017 slot in with the Penitentiary reform that eliminates sedition and reduces embezzlement. Legal sources clarify to NIUS that Llarena has to see how the brand new authorized textual content matches in with the state of affairs of Puigdemont and the remainder of the fugitives and that that is prone to have an effect on the content material of the Euro-orders.
In any case, it is going to be Llarena’s resolution that tells us the place the sentence evaluations made by the procés courtroom will go. The magistrates of that desk and Llarena belong to the identical Supreme Chamber, II, and it doesn’t appear that they will make totally different interpretations between them.
the remainder of the escapees
From Belgium, Carles Puigdemont is ready for what occurs. His lawyer shouldn’t be going to make a transfer and doubts that the arrest warrants in opposition to him can be withdrawn. But the expresident shouldn’t be the one fugitive claimed by the Spanish Justice. Toni Comín, Clara Ponsatí, Marta Rovira and Lluis Puig are additionally ready, though not all are claimed for a similar factor:
Carles Puigdemont: claimed for sedition and embezzlement. Toni Comín: claimed for sedition and embezzlement. Lluis Puig: disobedience and embezzlement Marta Rovira: seditionClara Ponsatí: sedition