As reported to Efe by authorized sources, the activist was tried yesterday on the Barcelona Court accused of setting fireplace to a trash can close to a police line. The new wording of the crime of dysfunction with the reform of the Criminal Code promoted by the Government has allowed agree with the Prosecutor’s Office on a discount within the sentence Initially, the general public prosecutor requested three years and 7 months in jail for the defendant for issues by making use of article 557 bis.3 of the previous Penal Code
A protester who was going through nearly 5 years in jail for riots within the protests towards the sentence of the procés has been the primary to profit from a lowered sentence, which can forestall his entry into jail, due to the reform of the crime of public dysfunction.
As authorized sources have knowledgeable Efe, the activist was tried yesterday on the Barcelona Court accused of setting fireplace to a trash can close to a police line that protected the headquarters of the Higher Police Headquarters, on Via Laietana in Barcelona, at daybreak. on October 19, 2019.
The Prosecutor’s Office accused of a criminal offense of public dysfunction -drafted in accordance with the previous Penal Code- and one other of damages to the protester, for which in whole they requested for a sentence of 4 years and ten months in jail.
However, the brand new wording of the crime of dysfunction with the reform of the Criminal Code promoted by the Government has allowed the defendant to agree with the Prosecutor’s Office on a discount within the sentence to which he was initially uncovered, which has lastly resulted in a two-year sentence. jail that has been suspended, so you shouldn’t go to jail.
Initially, the general public ministry requested three years and 7 months in jail for the accused by making use of article 557 bis.3 of the previous Penal Code, which offered for sentences of between one and 6 years in jail when the riots occurred within the framework of a “giant assembly”, or on the event of one among them.
Penalties from six months to a few years
This circumstance, nonetheless, is omitted within the new draft of the Criminal Code, which has allowed the prosecutor to attribute to the defendant the crime of dysfunction within the primary kind, which supplies for sentences of six months to a few years in jail, for the reason that The new aggravated modality – from three to 5 years in jail – is reserved for riots which are perpetrated by a crowd.
In this fashion, the protester has accepted a sentence of 1 12 months and 9 months in jail for the crime of dysfunction and one other of three months in jail for certified injury with the aggravation of disguise, for the reason that mitigation of reparation for having paid civil legal responsibility for the injury prompted.
Precisely, the repeal of the crime of sedition and its alternative by that of public dysfunction has aroused the rejection of JxCat and a big a part of the pro-independence left, in addition to some social actions, who imagine that the brand new wording poses a menace to the fitting of protest and open the door to harden the sentences.
The sentence, handed down “in voce” by the tenth part of the Barcelona Court, maintains that the defendant, who had attended an illustration on Via Laietana towards the sentence of the method, stood about ten meters from the police cordon, fashioned by about 500 brokers, from the place the riots and barricades organized by the protesters could possibly be noticed.
In live performance along with his three companions, who have been minors, the protester, taking refuge within the riots and along with his face coated by a hood, panties and a handkerchief, set fireplace to a wastebasket, provides the Prosecutor’s temporary that the defendant has assumed.