The Prosecutor asks for 25 years imprisonment for Junqueras and 17 to Forcadell and 'Jordis' as heads of the rebellion
The Law of the State requested 12 years in prison for Oriol Junqueras, the half that the Prosecutor's office
The Government presented this Friday before the Supreme Court, out of the hand of the attorney General of the State, an indictment of the 1-Or in which there appears the word "violence" or "rebellion". The main crime that the attorney general attributes to the processed is that of sedition, which implies the claim a few sentences substantially lower than those of the Prosecution. In the case of Oriol Junqueras, the half.
The first proposal of indictment of the State attorneys in charge of the case itself it held that there had been acts of violence and that, therefore, was prosecuted for the more serious crime of rebellion. And confirm sources close to the Prosecution, knowing of this writing. However, the Government of Pedro Sanchez rejected that possibility and ordered to file a written accusation, more soft. That was to delete all reference to the word violence and to soften the legal qualification of the facts.
The same sources indicate that also worked on an indictment that was confined to indict for embezzlement. This would have meant opting for a middle way that would fit in the way usual Advocacy before the courts and avoided direct collision with the Prosecutor's office. The possibility is ended up discarding.
The indictment filed finally it is not signed by the lawyers of the State who have followed the case, but by the maximum responsible of the attorney General, Consuelo Castro, appointed last June by the Council of Ministers at the proposal of the minister of Justice, Dolores Delgado. Unlike the office of the Prosecutor, as the representative of the Administration, the legal profession should follow the directions given to it by the Executive.Accused of the Govern
For the main defendant at the disposal of the Spanish Justice, Oriol Junqueras, the request is of 12 years in prison, compared to 25 of the office of the Prosecutor. For the former consellersJoaquim Forn, Raül Romeva, Jordi Turull, Josep Rull and Dolors Bassa is asking for 11 and a half years, under 16's claims that the Prosecutor's office.
in order To achieve a sale so spectacular regarding the request of the Public Ministry, the Government is not limited to holding that there was no rebellion, but that applies to embezzlement, a system of calculation of penalties especially favorable to the accused.
It does when you consider that this crime was simply "a means" necessary to perpetrate the most serious of sedition. This so-called contest medial implies that the conviction should be lower than they would punish the two crimes separately. In this case, quite lower. In principle, the sedition should leave for them a minimum of 10 years, and the misappropriation of a minimum of six. However, with the request of a minimum of 16 years finally presented is between 11 and half and 12. At least four years off.
The Ministry of Justice is justified by saying that "it is a truism to say that the process described [sedition] it is impossible to carry out without carrying out of corresponding public expenditure", which in his judgment requires such a calculation favorable to the accused.
in the Face of this thesis, discussed within the legal profession, and legal sources believe that it is not justified to apply the course of contest, medial, since it was possible to commit the offence of sedition without compromising headings of public funds. For that reason, sedition, and malfeasance had to be punished separately, giving rise to a minimum sentence of 16 years.
Justice explains that the sentences for these defendants are higher because, in addition to having embezzled funds, played "the role of take the executive decisions necessary" for sedition, the 1-O. in Addition, they had the character of authority, the "authority", having "induced, sustained and directed the sedition from their condition of members of the Government".
For the case of the other three former consellers only were prosecuted for embezzlement and disobedience (Carles Mundó, Santiago Vila and Meritxell Borràs), the Law they claim to seven years in prison. In this case, the figure coincides with the one applied by the Prosecution and is close to the minimum possible (six to 12 years).
The Law does not claim amounts specific to the accused of embezzlement and leave it to the Court of Accounts in the "establishment and claim of the final total quantities diverted". Even so, details which were spent unlawfully at least 1.9 million euros, which implies that should be applied to the type of aggravated embezzlement.Forcadell and 'Jordis'
There are three accused of sedition that they should not respond by embezzlement: Carme Forcadell, Jordi Sanchez and Jordi Cuixart. For the former president of the Parliament, the legal profession asks for 10 years of prison. For the leaders of ANC and Omnium, eight years. In all three cases the figures are far below the 17 years that claim for each one of them the Public Ministry. In all three cases, the penalties raised by the Government are the lowest possible. The law imposes that the Forcadell is something higher because she had the status of "authority". The three are said to have "induced, sustained, and directed" the sedition.
On the Jordis stated that his work allowed to produce "acts against judicial decisions legitimate and against the actions of public authorities which aimed to give effect to these judgments".'disobedient'
Another paragraph in which the Law is not more smooth that the Prosecution is in the accusations that do not result in prison. For four members of the Bureau of the Parliament requested, as the Public Ministry, a year and eight months disqualification and a fine of 30,000 euros for grave disobedience. To another of them, and the leader of the CUPMireia Buoy the penalty itself low in the case of the legal profession up to eight months disqualification. Of them all, the Law says that "should have been inadmissible to the proceedings and paralyzed all the proposals are contrary to the constitutional order".
balance numeric indictment of the legal profession yields a total of 116 and a half years in prison, compared to 177 claims that the Prosecutor's office. As highlighted by legal sources close to the case, beyond the quantitative difference, the significance of what happened shall be levied when during the trial the representative of the Government aligns with a thesis key of the defendants: that on the 1-Or there were no acts of violence.
According to the criteria ofLearn more Updated Date: 05 November 2018, 08:00