And now that? An essential report on the pardons of the procés that the Government will be able to ignore

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The Supreme Court has sent this Wednesday to the Minister of Justice, Juan Carlos Campo, its report on the granting of pardons to those convicted of the

. With that letter on the table and the other reports collected so far, the Government can now resolve.

What does the presentation of the report by the Supreme Court mean? It implies that the accumulation of reports phase (Prosecutor's Office, State Advocacy, Penitentiary Institutions and the Supreme Court itself) has concluded and the decision phase has been passed. Minister Juan Carlos Campo, who is the one to whom the Supreme Court's report is addressed as Minister of Justice, must bring a proposal on the petitions for pardon to the Council of Ministers, which is the one who decides. The decision is published in the BOE in the form of a decree signed by the King. What margin does the Government have in the face of negative reports? Everything. The resounding opposition of the Prosecutor's Office and the Supreme Court do not prevent the Government from granting pardons, because the reports issued, including that of the court, are mandatory, but not binding. There is a limitation that in practice can be circumvented.The law does not allow the pardon to be total if there is a contrary report from the sentencing court. Thus, it must be partial, as is the case in almost all cases. What is done is to pardon only the part of the sentence that still remains to be served, thus activating the release of the beneficiary. The Government must give minimal reasons for the reasons of "justice, equity or public utility" that lead it to grant the pardon. These are the three reasons contemplated by the Law Establishing Rules for the Exercise of the Grace of Pardon. Everything indicates that the Executive will opt for the third option. To what part of the sentence can the pardon reach? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of theThe long disqualification imposed on those convicted of theThe long disqualification imposed on those convicted of theit must be partial, as is the case in almost all cases. What is done is to pardon only the part of the sentence that still remains to be served, thus activating the release of the beneficiary. The Government must give minimal reasons for the reasons of "justice, equity or public utility" that lead it to grant the pardon. These are the three reasons contemplated by the Law Establishing Rules for the Exercise of the Grace of Pardon. Everything indicates that the Executive will opt for the third option. To what part of the sentence can the pardon reach? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of theit must be partial, as is the case in almost all cases. What is done is to pardon only the part of the sentence that still remains to be served, thus activating the release of the beneficiary. The Government must give minimal reasons for the reasons of "justice, equity or public utility" that lead it to grant the pardon. These are the three reasons contemplated by the Law Establishing Rules for the Exercise of the Grace of Pardon. Everything indicates that the Executive will opt for the third option. To what part of the sentence can the pardon reach? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of theThe Government must give minimal reasons for the reasons of "justice, equity or public utility" that lead it to grant the pardon. These are the three reasons contemplated by the Law Establishing Rules for the Exercise of the Grace of Pardon. Everything indicates that the Executive will opt for the third option. To what part of the sentence can the pardon reach? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of theThe Government must give minimal reasons for the reasons of "justice, equity or public utility" that lead it to grant the pardon. These are the three reasons contemplated by the Law Establishing Rules for the Exercise of the Grace of Pardon. Everything indicates that the Executive will opt for the third option. To what part of the sentence can the pardon reach? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of theWhat part of the sentence can be pardoned? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of theWhat part of the sentence can be pardoned? Not only can prison sentences be pardoned. The long disqualification imposed on those convicted of the

can also disappear by decision of the Government. This means that Oriol Junqueras and the rest of the courts could return to public office. In some cases, such as that of former vice president Oriol Junqueras, the sentence condemned for embezzlement of public funds. The return of illegally spent cannot be pardoned. In this case, however, the Supreme Court did not set any amount, but left that task to the Court of Accounts. The debt established there will remain despite the pardon. How long does the Government have to pronounce? None. The Government of Pedro Sánchez can resolve not only what suits him, but when it suits him. Everything indicates that the preferred option is this summer. If so, the processing of pardons for the

it would have been faster than usual, despite the several-month hiatus that the files suffered due to the pandemic. Can the pardon be appealed? Yes. The archaic law of the pardon, of 1870, indicates that it is a measure of grace of the Government, but the recent jurisprudence of the Supreme Court specifies that this does not exempt that the concession must be motivated, even if it is minimally. Once published in a royal decree in the BOE, the favorable decision of the Executive can be appealed to the Supreme Court. Not before the Criminal Chamber, which is the one that has issued the conviction and the report contrary to the pardon, but before the Contentious-Administrative Chamber. Is there a history of revoking a pardon? Yes, although scarce and with scope limited. Vox, who exercised the popular accusation in the trial, has already announced that it will appeal a pardon that is taken for granted.The most prominent case was the cancellation in 2013 of a driver's pardon

, which divided the Supreme. The ruling expanded the capacity to review the government's decision, which despite this remains limited. The Supreme Court concluded that, in addition to checking the formal requirements, it was also possible to check whether there had been "a patent material error, arbitrariness or obvious logical unreasonableness." The pardon of banker Alfredo Sáenz was also partially revoked, as it extended to administrative sentences when the pardon can only forgive criminal matters. The one that benefited a mother sentenced for breaching joint custody was also revoked. The Supreme Court indicated that, with the contrary reports from the court and the Prosecutor's Office on the table, the Government had not indicated "what other information" it handled "to be able to conclude the concurrence of the reasons of justice and equity."that were not specified "in any way." Who applies the pardon? It is the task of the sentencing court. In this case, of the Supreme Court magistrates who have just issued their contrary report. Together with Penitentiary Institutions, the court will be in charge of calculating the new reduced sentence and what has already been completed in prison. And, therefore, to terminate the sentence. If the Executive includes any condition in the pardon, such as not repeating the criminal conduct for a period, the Supreme Court would be in charge of monitoring its compliance.the court will be in charge of calculating the new reduced sentence and what has already been served in prison. And, therefore, to terminate the sentence. If the Executive includes any condition in the pardon, such as not repeating the criminal conduct for a period, the Supreme Court would be in charge of monitoring its compliance.the court will be in charge of calculating the new reduced sentence and what has already been served in prison. And, therefore, to terminate the sentence. If the Executive includes any condition in the pardon, such as not repeating the criminal conduct for a period, the Supreme Court would be in charge of monitoring its compliance.

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