• Without the third degree, what happens now with the 100.2 of the prisoners of the 'procés'?

Neither third degree nor application of article 100.2 of the Prison Regulations. The Prosecutor's Office of the Supreme Court has sent a letter to the Chamber presided over by magistrate Manuel Marchena, to which EL MUNDO has had access, where he requests that the suspension of articles 100.2 of the rest of those sentenced by 1-O be issued immediately. , after having declared the competent court to resolve this legal issue following the appeal of the former President of the Parliament, Carme Forcadell.

In the report, the prosecutors of the Chamber Javier Zaragoza and Jaime Moreno are interested in "issuing the respective orders in which the suspension of the enforcement of the decisions of the Surveillance Court is approved, approving article 100.2 while they are appealed by the Prosecutor on appeal, with communication to the respective Penitentiary Center. "

Likewise, the Prosecutor's Office informs the Chamber that the Barcelona prosecutors have also requested before the competent Surveillance Courts of Catalonia the aforementioned precautionary suspension, "to avoid that the decision could be delayed coinciding with the time in which the cars of the Scrolls of appeal arrive from the Audience to that Chamber ".

In the order in the Supreme Court, Forcadell's 100.2 was overthrown, the magistrates stressed that when resolving the appeal, they adopted a decision that "projected a double effect." On the one hand, it was decided definitively which court was competent to resolve the appeals regarding the application of article 100.2 and, on the other hand, the application of the suspensive effect was established that the fifth section of the Fifth Additional Provision of the Organic Law of the Judiciary for those cases in which "... the resolution object of the appeal refers to the matter of classification of convicts or granting of parole and may lead to the release of the inmate." Hence, the High Court Prosecutor's Office now defends that its resources against 100.2 have suspensive effects for the convicted Oriol Junqueras, Joaquin Forn, Jordi Turull, Josep Rull, Raúl Romeva, Dolors Bassa, Jordi Sánchez and Jordi Cuixart.

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