Alberto Rodríguez, Deputy of United Can, condemned by the Supreme a month and a half of prison and a special disqualification penalty for attacking against authority having a kick for a policeman, he will be able to stay in his seat of the congress. Thanks to the vote of the PSOE at the Chamber table and the decision of the President, Meritxell Batet, of not asking for a report about the Electoral Board. A decision before which the three parties of the opposition, PP, citizens and Vox, will be rebelled, willing to claim before the JEC and before the Supreme Prosecutor's Office
Socialists have joined their government partner, United we can, in the Governing Body of Congress to amend, relying on a report from the Laws of the Chamber, the judgment of the Court and obviate, in the opinion of the opposition, the literality of the Organic Law of General Electoral Regime that establishes in Article 6.2 the inelipibility of sentences by firm sentence, to penalty of freedom, in the period that lasts the penalty.
The lawyers, and with them PSOE, united we can and their parliamentary allies, defend that Rodríguez has complied with prison sentence having paid the fine of 540 euros that the Supreme established as a substitute penalty of it and, consequently, can preserve His seat as a representative of national sovereignty.
It is this an interpretation that they openly disagree PP, citizens and Vox, three forces who have decided to claim the Electoral Board to understand that this is the top interpreter of Loreg and that his criterion, consequently, must be the first to have consider. In addition, citizens and PP also urge the Supreme Prosecutor's Office to open an incident of judgment execution so that the court will pronounce itself about whether it considers what it has dictated well. The popular qualify as "scandal" that the PSOE and united we can "indulce" to a sentenced by the Supreme Court.
The Second Vice President of the Congress, Ana Pastor, has issued a particular vote in which he asks the Bureau to "fulfill the implementation of judgment issued by the Supreme Court and referred to the Presidency of the Congress and the Central Electoral Board, as HA occurred in the preceding cases. " In that sense, she claims "the intervention" of the Board, which has not dealt with this case.
"Regarding the explanation of the replacement of prison sentence per fine, we refer to the sentence of the Supreme in this case, which clearly explains that substitution does not affect the accessory penalty of prison sentence, and that penalties Accessories are a consequence of the imposition of the deprivation of liberty, and not its execution, "explains Pastor.
Citizens, by the mouth of his spokesman at Congress, Edmundo Bal, has accused the PSOE of lending to use a double shade of measuring with one or others based on what interests Pedro Sánchez to stay in power. In his opinion, the socialist maneuver protects Alberto Rodríguez is nothing but "a scam to provide refuge in Congress to condemned politicians."
BAL maintains that the supreme "for execution purposes" replaces jail per fine, but this "does not imply cancelled" itself. And to this he adds that what is not suspended is the accessory penalty of special disqualification for the exercise of passive suffrage.
The PP, on the other hand, has presented a writing before the Electoral Board asking him to pronounce on the subject. The popular also consider that the electoral law is clear and any criticule of freedom implies the immediate loss of the deputy minutes.
VOX has also sued the Board that declares the "ineligibility" of the United States Deputy can be based on the Electoral Law and withdraws the deputy credential for the firm sentence against him. "The decision adopted by the Most of the Bureau is a cacicated against the rule of law, of the division of powers and is a blow to the prestige of institutions," said Ivan Espinosa de los Monteros, who has alluded to Rodríguez with The rating of "delinquency" and "Assumination of police".
Sources of the Central Electoral Board ensure that among its members there is debate: some bet on a rigorist interpretation of the standard and others, for making an exception at proportionality.
The Parliamentary Forces of the Government - Independents and Minorities of Left - who do support the permanence of Rodríguez, congratulate, congratulate, with this decision a one of the most pernicious consequences of the so-called Law Jardza is amended.
Date Of Update: 20 October 2021, 14:47
