When presenting it as a law proposal, it will be avoided to request a report from the governing body of the judges.
MADRID, 11 Nov. (EUROPA PRESS) –
The decision of PSOE and United We Can to present their proposal to repeal the crime of sedition, creating a new type with lesser penalties, as a bill has generated discomfort among members of the General Council of the Judiciary (CGPJ) because it implies that no the opinion of the CGPJ itself will be necessary before it is approved in parliament.
The sources of the governing body of the judges consulted by Europa Press have expressed their discomfort at the fact that the bill has been chosen instead of the bill, which would require the CGPJ and other organizations to request reports even if they were not binding.
The cited sources interpret the choice of this form of parliamentary procedure as a way to avoid the checks and balances of the democratic system and, consequently, to undermine the effectiveness of the rule of law.
PSOE and Unidad Podemos have presented this Friday a proposal for an organic law to eliminate article 544 of the Penal Code – which includes the crime of sedition, now punishable by between 10 and 15 years in prison and the same time of disqualification for the authorities that commit it– and create a new type in 557 of “aggravated public disorder” where the punishment changes to between 3 and 5 years in prison and 6 and 8 years of disqualification.
Thus, the proposal states that “those who, acting in a group and in order to threaten public peace, carry out acts of violence or intimidation: on people or things will be punished with a prison sentence of six months to three years. ; or obstructing public roads causing a danger to the life or health of people; or invading facilities or buildings”.
And it adds that “the acts described in the previous section will be punished with a prison sentence of three to five years and special disqualification from employment or public office for the same time when they are committed by a crowd whose number, organization and purpose are suitable for seriously affect public order.
“If the perpetrators are found to be in authority, the penalty of disqualification will be absolute for a period of six to eight years,” the proposal specifies.
