Alvaro Carvajal Madrid

Madrid

Updated Wednesday, January 24, 2024-02:08

  • Politics PSOE, Junts and ERC change the wording of the amnesty to shield all those investigated for terrorism of the 'procés'

The organic amnesty law proposal for, as the title says, "institutional, political and social normalization in Catalonia" is about to have its final draft after the latest changes and the green light from the

Congressional Justice Commission

.

All that remains is the debate and vote in the

Plenary

for its referral to the Senate, where any modification made may be eliminated upon its return to

Congress

.

The standard is made up of an explanatory statement, 16 articles and three final provisions.

WHAT IS AMNESTY?

Total impunity will be given to all acts committed "in the context of the so-called Catalan independence process" between January 1, 2012 and November 13, 2023. These dates encompass the preparation and execution of the secessionist consultations of November 9, 2014 and October 1, 2017.

BENEFICIARIES.

"Acts committed with the intention of vindicating, promoting or procuring the secession or independence of

Catalonia

, as well as those that have contributed to the achievement of such purposes," will be exonerated from any criminal, administrative or accounting liability.

From there, article 1 details in its sections the different cases that may exist to cover all fronts.

Whether disobedience, embezzlement, public disorder, attack against authority or terrorism if there has not been a serious violation of human rights.

CONSULTATIONS 9-NY 1-O.

Everything that happened around the illegal referendums of 9-N 2014 and 1-O 2017 was amnesty, such as the illegal conduct for their preparation, financing with public money and execution.

It ranges from disobedience to the Constitution to opening schools to participate.

RIOTS AND VIOLENCE.

The violent episodes that shook Catalonia, which occurred with special virulence after the sentencing of the

process

, will remain unpunished.

Amnesty was granted for public disorders, attacks against authority (injuries to police and mossos) and acts against order and peace that occurred around the 1-O referendum, or "with the purpose of showing support for the objectives and "independence" purposes "or those prosecuted or convicted" for it.

TERRORISM.

From now on, this type of crime, which affects Tsunami Democràtic

and the

CDR

, is treated

with a different perspective.

Terrorism will be amnesty except when "manifestly and with direct intention they have caused serious violations of human rights."

It raises the threshold for cases of death or torture, adhering to articles 2 and 3 of the European Convention for the Protection of Human Rights.

POLICE CHARGES.

The actions of the national police and the civil guards, especially their attacks on schools in their attempt to prevent 1-O, are included in the amnesty.

EFFECTS.

The amnesty produces "the extinction of criminal, administrative or accounting responsibility."

From there, there is a set of articles that delve into each of these assumptions.

In the case of criminal proceedings, the latest changes have reinforced that judges have to "immediately" lift the precautionary measures, as well as "annul the search and arrest warrants and imprisonment" of the people who would benefit. of this amnesty.

Criminal proceedings, he says, are suspended and the sentences imposed come to an end.

All these records will also be removed from the police records of those involved and public employees will be reintegrated into the system "in the fullness of their active rights."

COURT OF ACCOUNTS

.

The civil and accounting liabilities that the

Court of Auditors

has imposed or could impose to restore the diversion of public money for illicit purposes by the Catalan leaders are considered extinguished, except in cases with a final and executed sentence.

URGENT PROCESSING.

The law rushes to apply the benefits by forcing a “preferential and urgent” procedure to be carried out.

"Decisions will be adopted within a maximum period of two months."

HOW DOES IT APPLY.

There is a set of articles dedicated to establishing the steps to be followed by judicial bodies "at any phase of the criminal process."

Both the defenses and the Prosecutor's Office can request the application of the amnesty.

As for the 1-O leaders, the law specifies that the previous pardon they received "will not prevent" the amnesty from being applied to them.

ENTRY INTO FORCE.

The bill establishes that the amnesty will come into force "on the same day of its publication" in the BOE.