• The Prosecutor's Office takes the third degree of Junqueras to the Supreme Court: "It creates a total sense of impunity both in the inmate and in society"

The Plenary of

the Constitutional Court

has unanimously rejected the suspension of the prison sentences and absolute disqualification imposed by the Supreme Court on the former vice president of the Generalitat

Oriol Junqueras

and the former minister

Raül Romeva

, on a precautionary basis.

Both independence leaders were sentenced to thirteen and twelve years in prison for crimes of sedition and embezzlement of public funds, respectively.

In relation to the violation of the guarantees of immunity and parliamentary inviolability attributed to the sentencing court, both at the national level and in relation to the European Parliament, which were denounced in the application for amparo and which are expressly invoked as grounds for suspension , the Constitutional Court recalls that, if the statement of this motive is accepted, it would mean accepting the reported injury as good, even if it were provisionally, which would contravene the constitutional doctrine, which prevents sustaining the precautionary suspension in anticipation of what must be resolved in the judgment.

According to the jurisprudence established by the court of guarantees, to agree or not to suspend the custodial sentences in a precautionary manner, it is taken into account, as an initial guideline, that the penalty is located above or below the border of the five years in prison, which is what the criminal legislator uses to differentiate between serious and less serious penalties. "

In this sense, the order denies the suspension given the notable extension of the custodial sentences imposed, without the exceptional circumstances that, according to constitutional doctrine, would justify the suspension of a serious prison sentence, this is, longer than five years.

Therefore, it is considered that the general interest involved in the execution of the contested judgment must prevail.

Finally, the appellants also alleged the pandemic caused by Covid-19 as a supervening circumstance.

The order indicates that "it is not for this Court to elucidate, and even less in this incidental proceeding, on the origin of the interested release, since a ruling by this court on that claim would also mean ignoring the subsidiary nature of the appeal for amparo" .

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Know more

  • constitutional Court

  • Supreme court

  • Oriol Junqueras

  • European Parliament

  • Raül Romeva

  • Justice

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