The Supreme Court confirms the lack of protection of the State

The modification of the Penal Code executed by the Government, which eliminates the crime of sedition and reduces that of embezzlement

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This is reflected in the order issued yesterday by the Supreme Court (TS), in which it analyzes the impact of the Executive's penal reform on the sentences of the 1-O leaders.

The interpretation of the Second Chamber, in line with that of the instructor of the process Pablo Llarena, is that the crime of

public disorder cannot replace the repealed crime of sedition.

This shows that

as a consequence of an express reform materialized under the subterfuge of correcting “disproportionate” penalties.

The Government has overlooked the fact that whoever promotes non-compliance with the laws or judicial decisions outside of legal channels is not limited to disturbing public order, but rather

.

Although the leaders of the

They were not convicted of rebellion, the magistrates recall that the facts proven in the sentence "involved a riotous and violent mobilization", even though this was insufficient to achieve the secession of Catalonia.

It cannot be identifiable, therefore, with the simple overflow of the limits of public order.

In addition, they maintain that between the crime of rebellion (article 472 of the Penal Code) and that of public disorder (article 557) "there is an intermediate space that can accommodate in the future conduct that seriously violates the constitutional system."

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And this, de facto, means paving the way for the exercise of the supposed right of self-determination, which constitutes a serious threat to territorial integrity.

On the other hand, if what the president was looking for was to favor the leaders of 1-O and, especially,

, it has not succeeded either and, on the other hand, it can benefit other convicted in corruption cases.

The TS, in application of a crime of aggravated embezzlement,

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Regarding the impact of the reform on the second echelon of separatist leaders, prosecuted in the Superior Court of Justice of Catalonia, the Prosecutor's Office will also request for them harsh prison sentences for aggravated embezzlement, so that the Executive will not achieve its goals in this reform either. to the letter.

What has been proven is that the Government, either in this matter or with the

,

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The State is paying too high a price for a breach of legal certainty that erodes the pillars of the rule of law.

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