The eventual legal reform could also reduce the disqualification sentences handed down for those convicted
MADRID, 24 Oct. (EUROPA PRESS) –
A possible reform of the crime of sedition to reduce the sentence, which now reaches 15 years, could affect those investigated by the ‘procés’ who are still on the run, including former Catalan president Carles Puigdemont, in terms of precautionary measures and the possible conviction, but also with regard to the statute of limitations for allegedly criminal acts, which could be shortened to up to five years.
The announced reform of the crime of sedition by the Government, a commitment made by Pedro Sánchez upon his arrival in Moncloa that would now open up to resume to reduce his sentence by half –according to reports this Monday by ‘El País’–, has brought up to date by the ERC request for it to materialize once and for all, coinciding with the debate on the General State Budgets (PGE).
Although the Minister of Justice, Pilar Llop, completely dissociated both things, in the framework of an informative breakfast held last Thursday, she did reiterate that Spain must “harmonize” this crime with its regulation in other European countries so that there are some ” appropriate penalties for behaviors that are considered seditious”, since it considers that the current penalties are “disproportionate”.
Sedition is included in article 544 of our Penal Code (CP) as the conduct of those who “risen publicly and in a mob to prevent, by force or outside the legal channels, the application of the laws or any authority, official corporation or public official, the legitimate exercise of their functions or the fulfillment of their agreements, or administrative or judicial resolutions”.
In the following precept, the CP establishes that “those who have induced, supported or directed the sedition or appear in it as its main authors, will be punished with a prison sentence of 8 to 10 years, and with 10 to 15 years. , if they were persons constituted in authority”, to which it adds that “in both cases, absolute disqualification will also be imposed for the same time”.
The legal sources consulted by Europa Press explain that a possible reduction in the penalties for sedition would affect the situation both of those convicted and pardoned by the ‘procés’ and of the fugitives who are still under investigation.
In the case of the nine convicted for sedition and who were only pardoned for jail time –Oriol Junqueras, Raül Romeva, Jordi Turull, Joaquim Forn, Josep Rull, Carme Forcadell, Dolors Bassa, Jordi Cuixart and Jordi Sànchez –, a reform of the crime of sedition that would reduce prison time would also reduce the penalty of disqualification, a change that could benefit them based on the principle of retroactivity in favor of the accused.
As for those investigated by the ‘procés’ who remain on the run, the sources indicate that the greatest impact of the legal reform would be seen in the statute of limitations, which would be shortened, which would bring the possible return of the fugitives closer to Spanish soil .
The deadlines for the extinction of criminal responsibility are established in article 131 of the CP. Currently, for sedition it is 15 years. But if the sentence were cut to 6 years, the time to prosecute the crime would fall to 10 ten; and if the prison sentence were set at 5, this term would also be reduced to 5 years.
The same sources stress that it is not clear when the statute of limitations would begin to count for each of the fugitives being persecuted for the crime of sedition –Puigdemont, former councilors Toni Comín and Clara Ponsatí and the former Secretary General of ERC Marta Rovira–.
The clock starts ticking when the crime is committed, events that in this case would last until October 1, 2017, when the illegal referendum on the independence of Catalonia was held. And it stops when the procedure is directed against them, although since then the counter has been reset several times.
The sources state that the clearest case is that of Rovira, against whom a European arrest and surrender warrant was issued in March 2018 without any progress in the procedure against her since then, so that would be the date from which recount the statute of limitations.
For the fugitives from the ‘procés’, the aforementioned sources point out, there would be other implications. Thus, in the immediate future, the reduction of the sentence of sedition could give rise to petitions for the review of the precautionary measures agreed upon –the Euroorders–, because one of the factors to assess in order to impose them is the seriousness of the sentence attached to the alleged crime, although they emphasize that other variables such as the seriousness of the crime and the risk of recidivism are also taken into account.
Likewise, they recall that, if they were finally tried and convicted of sedition, the new penalties contemplated in the Penal Code would be applied to them, as they are the most favorable.
It should be remembered that in the countries around us, behaviors of serious resistance comparable to sedition are punished with no more than five years, Portugal being the exception, with penalties of between 1 and 8 years in prison for resistance in article 333 of its Penal Code, and up to 3 years in 334 in case of a disturbance to disturb the constitutional functioning.
In Italy there are crimes of resistance regulated in articles 336 and 337, which are punishable by between 6 months and 5 years in prison, depending on the seriousness of the conduct; while in Germany, 113 of its Penal Code sanctions resistance and public disorder for which violence is used with 3 years in prison or a fine. These are the lowest sentences, without taking into account any aggravating circumstance.
In this same analysis without aggravations would be Switzerland, where crimes against the State or the Constitution are less than 1 year, but serious resistance is punished in article 285 of its CP with 3 years, even if they occur with uprising.
In France, the equivalent crime of resistance is regulated in articles 433 to 426 of its CP with a prison term of 2 years, which would rise to 3 years if the crime is committed in a group; while in Belgium this sentence is up to 5 years in a group and is lowered to between 3 months and 2 years if this circumstance does not occur, according to article 269 of its penal code.
