• Justice: The Constitutional order the Supreme to issue a new sentence against the assailants of Blanquerna
  • Convictions. The Supreme Court sees "ideological discrimination" in the assault on Blanquerna and sends the condemned to prison
  • The sentence: minimum sentences of six to eight months for the ultras who assaulted Blanquerna

The Supreme Court has sentenced up to two years in prison to the 14 ultras convicted by the Madrid Court for assaulting the Blanquerna Cultural Center in Madrid, belonging to the Generalitat of Catalonia, during the celebration of the 2013 Diada.

The sentence is handed down after the plenary of the Constitutional Court unanimously agreed last January to order the Supreme Court to issue a new sentence against the convicted and for whom he had increased prison terms to four years.

In the new resolution, sentences of between two years and seven months in prison and two years and nine months are punished for the commission of a crime of public disorder in ideal competition with a crime against the right of assembly.

The Supreme Court has issued this new resolution to comply with the Constitutional ruling that partially upheld in January the recourse of several of the accused against a first sentence issued by the Supreme Court in January 2017.

Does not appreciate extenuating

The Constitutional Court ordered the High Court to issue a new resolution without applying the aggravating circumstance of having acted due to ideological discrimination or the aggravated subtype of the crime of damages of falling on property for public use.

In its new sentence, the Supreme Court partially estimates the appeals of the Prosecutor's Office and the Generalitat of Catalonia against the initial sentence of the case issued on February 19, 2016 by the Provincial Court of Madrid, which sentenced the accused to between six months and Eight months in prison for the crime of disorders, with the mitigation of reparation of the damage, and fines of between 1,800 and 2,400 euros for the crime of damage.

The Supreme Court now considers that the act of bursting a political meeting constitutes a crime of public disorder in conjunction with a crime against the right of assembly, for which it considers the accused responsible, and does not appreciate the mitigation of reparation of the damage in the crime of disorder. , because it is a crime that does not have a specific victim.

The consequence is an elevation of the sentences, which is two years and seven months in prison for 12 of the accused, two years and nine months in prison for Juan Luis López García (for having had a leading role in the events) and Two years and eight months in prison for Jesús Fernando Fernández Gil for being the one who led the illegal action.

Fines are maintained

Likewise, they are imposed a special disqualification for the exercise of the right to passive suffrage during the time of their sentence. In relation to the crime of damages , the fine penalties established by the Madrid Court are maintained, given that the Constitutional ruling nullified the aggravation established in the annulled ruling and the effects of the ruling of the Constitutional Court must extend to all the condemned, regardless of whether or not they resorted to protection.

The new ruling does not appreciate the aggravating factor of discrimination for ideological reasons, applying the doctrine of the Constitutional Court in its January ruling on the limits of review of acquittals.

According to the criteria of The Trust Project

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  • Madrid
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  • Catalonia independence
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