The State Attorney's Office supports the Government: it asks to lower Junqueras' disqualification to 7 years

The State Attorney has asked the Supreme Court to reduce the penalty of disqualification from 13 years to 7 for public office that was imposed on the ERC leader, Oriol Junqueras, for directing the unilateral sovereignty process in Catalonia.

In the same sense, the legal representative of the Government urges the review of the other eight convicted of crimes of sedition and/or embezzlement of public funds.

The ex-counselors Raül Romeva, Jordi Turull and Dolors Bassa they would have a disqualification sentence of six years and nine months instead of the current 12 years.

[La Fiscalía pide que Oriol Junqueras siga inhabilitado para ejercer un cargo hasta 2031]

The three, like Junqueras, were found guilty of crimes of sedition and embezzlement, the regulation of which has changed under the latest penal reform promoted by the Government of Pedro Sánchez.

The reform eliminates the crime of sedition and softens the penalties for embezzlement as well as a new type of public disorder.

Contrary to what the Prosecutor’s Office considers, the State Attorney maintains that this reform is fully applicable because it benefits the defendants.

aggravated embezzlement, no

The document of the legal representation of the State rules out the application of the modality of aggravated embezzlementwhich would allow the current disqualification penalty for Junqueras to be maintained.

In his opinion, the Supreme Court sentenced for embezzlement consisting of unfairly managing public funds of the Generalitat, and this modality has been suppressed by the latest reform.

However, he affirms, the proven facts “do meet the requirements of the criminal type of article 433 of the Penal Code”, the new type of embezzlement that punishes with much more lenient penalties the conduct of giving public assets a “public application different from that what it was intended for.”

“Not having appreciated the sentence that the facts constituted an appropriation, in the sense of not constituting the theft of funds for their own profit or for a third party, it did declare that the facts constituted acts of unfair administration of public funds when they were used to make possible to hold the so-called referendum on October 1, through different contracts carried out by various Ministries”, affirms the State Attorney’s Office.

In his opinion, this is established “with crystal clarity” in the sentence, which relates “to make it possible to hold the referendum, provided as an enabling requirement for the supposed declaration of independence, in accordance with the provisions of transitory and referendum laws approved by the Parliament, pecuniary obligations were originated against the assets of the Catalan Public Treasury”.

criminal purpose

The State Attorney gives the new crime of embezzlement a interpretation different from that made by the Prosecutor’s Office and the magistrate instructing the ‘procés’, Pablo Llarena. who consider that an illegal purpose – such as the holding of the 1-O referendum, prohibited by the TC – cannot constitute a public purpose.

“That cannot be the conclusion that is reached,” contradicts the State Attorney’s Office.

In his opinion, “the precept does not establish it this way, when it is evident that there are actions contrary to the law in the public sphere (assumptions of nullity and annulment of administrative acts), even criminal (any action constituting the crime of prevarication when it occurs arbitrariness) and this is not only an obstacle to consider these actions as public”.

It adds that, from a literal interpretation of the precept, “public application” should be understood as opposed to a “private” application.

Of course, it considers that “the seriousness of the facts, regardless of the amount of public funds destined to carry out the holding of an illegal referendum, produced serious damage to the service for which said funds were destined.”

Discounts for other convicts

Along the same lines, the State Attorney considers the crime of aggravated public disorder to be applicable instead of sedition.

This leads him to request a reduction in the disqualification sentences imposed on the former president of the Catalan Parliament, Carmen Forcadellwhich would go from 11 and a half years of disqualification to six years and six months.

The ex-counselors Joaquim Forn and Josep Rull they would be left with 6 years and 3 months of absolute disqualification instead of the current 10 and a half years.

Jordi Sànchez and Jordi Cuixart They would see their penalty of special disqualification for employment or public office reduced to four years, instead of the current nine.

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J. A. Allen

Author, blogger, freelance writer. Hater of spiders. Drinker of wine. Mother of hellions.

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