• Trial. The National Court judges Trapero: o key piece in the sedition or command of the Mossos who asked to stop the 1-0

After almost three months of stoppage due to the coronavirus, the National Court resumes this Monday the trial against the Major of the Mossos d'Esquadra Josep Lluís Trapero. The trial was not interrupted at any time, but when the Prosecutor's Office was about to report what his final accusation was.

The judgment of the Supreme Court on the process ruled out the existence of a crime of rebellion, so the withdrawal of that crime was required by the Prosecutor's Office. But the court will not limit itself to substituting rebellion for sedition, but will offer the court of the National Court the alternative of sentencing Trapero solely for disobedience . It is a crime without prison terms that carries only a fine and special disqualification. The damage to Trapero would be that he would be expelled from the body of Mossos d'Esquadra.

Although the main request remains a harsh sentence for sedition, the inclusion of an alternative legal qualification leads to softer sentences, as it sends the message that for the Prosecutor's Office it is an acceptable legal option. The decision to add the option of disobedience was agreed last March between the attorney general, Dolores Delgado and the chief prosecutor of the National Court, Jesús Alonso . That wink towards Trapero contrasts with the actions of the Office of the Supreme Prosecutor in the time of María José Segarra in the Attorney General's Office, when a conviction for rebellion was requested without proposing a softer option.

The modification for Trapero will be extended to two other Mossos political leaders during 1-O who were also accused of rebellion: former Mossos director Pere Soler and former Interior Secretary General César Puig . In the case of the fourth accused, the mayor of the Mossos Teresa Laplana , was already accused of sedition -four years- from the beginning. In her case, the change would be limited to offering the alternative of disobedience.

The initial request for rebellion was 11 years in prison. The move to sedition would not necessarily imply a substantial drop in petition for Trapero. If he is considered as one of the "main perpetrators" of the crime, as is likely, given his status as an authority, the possible sentence would start at 10 years.

As for the crime of disobedience, it is the same that the Supreme imposed on three defendants in the process : Santiago Vila, Meritxell Borrás and Carles Mundó. All three were sentenced to one year and eight months of disqualification and to pay a fine of 60,000 euros.

From rebellion to sedition

The prosecution's initial accusation brief for Trapero was for rebellion, thus aligning itself with the one maintained by the four prosecutors of the Supreme Court in the process . The ruling of the High Court of last October made it impossible to sustain that accusation in the Hearing, so that the reduction from rebellion to sedition was considered safe.

What was in the air was if a second reduction was added, that of considering the crime of disobedience as the main or alternative. Finally, the conviction for sedition is presented as the main petition. In the event that the court does not consider that this crime was committed, that of disobedience is proposed.

Trapero's lawyer, Olga Tubau , even asked the Public Ministry to announce the changes in the accusation at the beginning of the trial. Those responsible for the case, lieutenant prosecutor Miguel Ángel Carballo and prosecutor Pedro Rubira , left the announcement for the phase of provisional conclusions, which will take place this Monday.

Trapero and the rest of the accused will not hear the modification of the accusation at the Hearing. They will do it by videoconference from Barcelona .

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Know more

  • Supreme court
  • National audience
  • Mossos d'Esquadra
  • Meritxell Borràs
  • Dolores Delgado
  • Carles Mundó
  • Barcelona
  • Josep Lluís Trapero

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