The repeal of sedition has had its impact on the 5 leaders of the method who have been sentenced for that crime and never for embezzlement. The disqualifications imposed on Carme Forcadell, Josep Rull, Joaquim Forn, Jordi Sánchez and Jordi Cuixart have been extinguished.
The impact is identical for everybody, however the best way to use the repeal of sedition varies between the completely different condemned. In the case of the politicians Forcadell, Rull and Forn, the magistrates now depart their crime as disobedience, since they consider that the sedition was one thing greater than a disturbance of public order and that their actions can’t be categorised as aggravated public dysfunction.
In the case of the Jordis, the Chamber does apply the crime of aggravated public dysfunction to them, for his or her position within the siege of the headquarters of the Department of the Presidency on September 20, 2017. However, they’ve already spent greater than 5 years disabled and are actually absolutely exonerated.
embezzlement
The similar just isn’t the case with Oriol Junqueras, Jordi Turull, Raül Romeva and Dolors Bassa. The 4 have been convicted, along with sedition, for embezzlement, and the court docket maintains the disqualifications set out within the sentence: till 2031 within the case of Junqueras and till 2030 in the remainder.
In different phrases, all of them proceed as they have been, regardless of the modification of the crime of embezzlement.
The magistrates are clear that the attenuated fee can’t be utilized or the revenue motive dominated out within the truth of allocating public funds to an unlawful referendum.
The path marked by Llarena
The court docket’s response absolutely coincides with what Judge Pablo Llarena said in his indictment towards Puigdemont as quickly because the crime of sedition was repealed.
The Prosecutor’s Office, which signed the matter associated to embezzlement, did contemplate that everybody could possibly be sentenced for aggravated public dysfunction. To that letter was added the favored accusation exercised by Vox, however not the State Attorney’s Office.
The authorities legal professionals requested a discount for the crime of embezzlement – from 13 to 6 and a half years within the case of Junqueras. In his eyes there was no “revenue motive”, however lastly the judges have distanced themselves from that request.
The procés, as a judicial process, has gone all the best way within the case of these convicted of sedition, however not within the case of those that have been sentenced for embezzlement, who must avoid public life, for not less than seven extra years. .