The National Hearing has had to order the release of one of the three condemned by the Yihadist attacks of Catalonia on Tuesday, having overcome the maximum term of provisional prison without their conviction still firm.
The third criminal section imposed last month from Said Ben Iazza a penalty of eight years in prison for a crime of collaboration with a terrorist organization. According to the proven facts, he lent the documentation of him and a van to the terrorist cell to transport the material with which explosives were going to make.
The law establishes that, as long as there is no firm condemnation, the maximum provisional prison can not exceed half of the penalty imposed on the first sentence. The resolution of the national audience has been appealed by both accusations and defenses. Therefore, it will not be firm until in a few months the audience room is pronounced and, subsequently, the Supreme Court.
The eight-year penalty for Ben Iazza supposes that he could not exceed four years as a preventive prisoner. The condemned was arrested for a few weeks after the attacks, on September 22, 2017. That assumes that on Tuesday he reached as preventive half of the sentence that has been imposed.
Excarcelation was mandatory for the national audience, which has imposed some precautionary measures. With them try to ensure that, if the Supreme ratifies the conviction, Ben Iazza will enter again in prison to meet the four years remaining.
The magistrates impose Ben Izaa, Moroccan of 28 years, the prohibition to leave Spain and have withdrawn the passport, as well as forcing him to keep the Court of any change of residence informed.
The four-year limit of provisional prison - or its extension up to half the sentence that is not yet firm - has previously supposed excacellies at the national audience. One of the recent, that of José Manuel Villarejo. The Retired Commissioner was at provisional freedom when the audience found that it would not be possible to judge him before this November five years of preventive was fulfilled.
On that occasion and in previous ones such as that of the leader of the Gürtel Francisco Correa, the audience preferred not to wait until the last day possible and agreed the release that was inevitable with a few months in advance. In this case, the third section has waited until the last day.
One of the magistrates that has signed the Excarcelation Order has been Juan Carlos Campo. After the departure of him from the Government, the former Justice Minister joined last Friday at the Plaza de Him at the national audience, in which he had not yet exercised. This week he has already intervened in several views of extradition and extensions of prisons. And he has touched him sign the release of Ben Iazza, along with magistrates Alfonso Guevara, who presided over the trial, and Carlos Fraile.
Date Of Update: 22 September 2021, 09:20
