Prosecutor's Office asks for the precautionary suspension of the third degree to the imprisoned sovereign leaders

• Justice. The Supreme Court overthrows the semi-freedom of Carme Forcadell and warns of a "fraud of law" of the Generalitat

The Barcelona Prosecutor's Office has filed an appeal against the Penitentiary Surveillance Court against the granting of the third degree of prison by the Justice Department of the Generalitat to the former heads of the Govern, Oriol Junqueras, Joaquim Forn and Raül Romeva, of the former president of the Parlament, Carme Forcadell, of the leader of Òmnium, Jordi Cuixart and former ANC President Jordi Sànchez. In addition, it is studied to present the appeal against the same situation of the ex-directors Jordi Turull, Josep Rull and Dolors Bassa, who are in the same situation. All were convicted of sedition by the Supreme Court and for the past few weeks have only come to sleep in prison and spend the weekend at home thanks to this degree of semi-freedom.

From the Prosecutor's Office, it is indicated that it has been chosen first to appeal to the Penitentiary Surveillance court first before going to the Supreme Court, the judicial body that issued the sentence and who a few days ago issued a resolution declaring itself competent to decide on the appeals presented by the condemned, in that case regarding the application of article 100.2 of the Prison Regulations also granted to the imprisoned sovereigns but which was suspended by the third degree.

In this sense, the Supreme Court opened the door to determine its competence to decide whether or not to maintain the third degree to prisoners granted by the Generalitat. For the time being, the Prosecutor's Office decided to appeal in the first instance to the Penitentiary Surveillance Court and, after knowing the resolution, will consider appealing to the Supreme Court. In addition, as a precautionary measure, the Public Ministry has asked the court to suspend the granting of the third degree as a precautionary measure to these prisoners.

Little time in prison

In the reports presented before the court, the Prosecutor's Office details that the majority of the inmates, such as Junqueras or Forcadell, have not completed a quarter of the sentence, which explains that it is not possible to "use the progression to the third degree in phases as early as serving the sentence, as is the case, as a way of altering the condemnatory decision of the sentence and its effective enforcement. " Nor does it consider that "the purposes of re-education and re-socialization" have been met, since the prisoners were already integrated into society before committing the crime.

For this reason, it ugly the treatment boards that only contemplate the measures of "education and re-socialization" for the granting of the third degree when it is also important "the retributive character of the sentence that rests, on the one hand, on guilt, and by another, in experimentation as something deserved by the prisoner and by society, as well as special and general prevention. " In this sense, the prosecutor indicates that the treatment boards grant this third degree since the inmates have been able "to live in society, respecting the rules for the good use made of the exits made by virtue of the application of the flexible regime of art . 100.2 of the Penitentiary Regulations ". "Basically, what beats in this conception of prison law is the conviction that it should be reserved for marginalized and disadvantaged subjects, as individuals with training and personal, social and family resources are always ready to integrate into society and live respecting the rules, because they can have a job ", indicates the resource.

"The premature classifications in the third degree undermine the essential purposes of the sentence, which are not only specified in that of reintegration, since the remuneration cannot be silenced, according to the severity of the sentence, and depending on the debt incurred by the offender regarding the society in which he lives, in addition to the purposes of special and general prevention, "indicates the Prosecutor's Office. In addition, she details that the inmates continue to consider that the facts of the conviction are not a crime, although in the reports of the treatment board it is pointed out that some of them, such as Junqueras, "continue to think that the unilateral For the Prosecutor's Office, this "continues" supposes "that he had previously thought about it, however, and as the conviction declares proven, he chose this route to impose his will against the legal mandate and the warnings of the Constitutional Court, and that he consider that such a path is not viable does not imply at all that it does not consider it legitimate, nor does it show any regret for having used it ".

In the case of Junqueras, the prosecutor considers that "the inmate's treatment evolution has been null, as derived from the interview granted to TV3 immediately after being progressed to third grade" and he details that in this program he stated: "already I have said, even before the Supreme Court, that what we did was the result of a democratic mandate, an electoral program ", or" I fulfilled my commitments and I am proud of what I did ", to continue stating that" that he always thought that I had to comply with the democratic mandate, with the Parliament's mandate "to finally affirm" that I will work so that neither my children nor anyone else's children have to go to prison for defending the citizens' right to vote ".

The prosecutor believes that the former vice president "continues to consider that the facts for which he has been convicted are merely the exercise of democratic rights, that he is proud of the crime committed and that he has gone to prison for defending the right to vote, for which he himself he continues to maintain all the distortions and deficits that led him to the criminal commission. " And he adds that "the inmate maintains all the deficits that led him to commit a crime, such as the lack of respect for the laws and the courts, a belief in a higher mandate of the Parliament of Catalonia above the constitutional mandate and the warnings of the Court Constitutional as well as the belief of being able to arrogate the capacity to interpret the popular will. "

The Prosecutor's Office indicates that they do not have more cases of inmates that the sentencing court is the Supreme and that they serve a sentence in prisons in the province of Barcelona.

According to the criteria of The Trust Project

• Supreme court
• Barcelona
• Jordi Cuixart
• Jordi Sànchez
• Cultural Òmnium
• Raül Romeva
• Oriol Junqueras
• ANC
• Josep Rull
• Jordi Turull
• Joaquim Forn
• Dolors Bassa
• Carme Forcadell
• Reviewable permanent prison
• Pedophilia
• Corruption
• Pheasant case
• Parot doctrine
• Catalonia

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