The Minister of Justice, Juan Carlos Campo, has asked this Monday to see "naturally" the decision of the Government on
pardons
to those convicted of the
process
.
"Pardons are instruments that are provided for in the law and, therefore, they must be viewed naturally, whether favorable or unfavorable, in whole or in part," Campo said at an informative breakfast organized by the New Economy Forum (NEF).
After asking for "serenity" before the decision, he pointed out that the debate in the Council of Ministers - to which Justice must take a proposal - will be valued "one by one the different circumstances." Campo has insisted that the decisions on the 12 convicts - nine of them to prison - will be individualized. "It seems that the pardons of the
procés
are all one. No, the pardon is something that is requested for a person and, therefore, each file will have a life of its own," said the minister.
He has also indicated that there is "any package of reports" on the condemned that will be used to resolve the Council of Ministers.
And he has mentioned, in addition to the one that the Supreme Court must issue as the court that issued the sentence, those of the Prosecutor's Office, Penitentiary Institutions, the State Attorney, in addition to those that the Supreme asked each convicted in view of the requests for pardon it had been presented by third parties.
Not with prosecutor and judges against
The law imposes the reports of the sentencing court and the Prosecutor's Office before the Government can decide.
The latter was strongly against the pardon.
That of the Supreme will arrive in the next few days and the forecast is that it will also be contrary to the measure of grace.
As injured by the crime, the opinion of the State Attorney was also asked, since he acted in the trial on behalf of the Treasury to claim for the public money illegally spent on 1-O.
The Legal Profession, which acts on behalf of the Government, took a profile and limited itself to indicating that the reimbursement of the funds was already guaranteed, an argument in favor of those convicted.
In the latest report on pardons presented by the Ministry of Justice, referring to the second semester of 2020, it indicated that none had been granted against the reports of the Prosecutor's Office and the sentencing court, although neither of them is binding on the Government.
In his request for "naturalness", Campo has referred to the option of total or partial pardons. In first it affects the full sentence, and it is rare. The most common is the second, which involves pardoning the necessary part so that, calculating the time of sentence already served, the affected person can be released. The pardon can also reach disqualification, which would allow the former president Oriol Junqueras or the current Secretary General of the Junts, Jordi Sànchez, to return to public office
.
In their report, the four court prosecutors who participated in the trial of the
procés
considered that "the circumstances that concur in the case do not advise the granting of the requested pardon [...], taking into account the enormous gravity of the facts and the more than accredited proportionality of the penalties imposed ".
In order to justify a decision in favor of the pardon, the Government could use the private vote of two magistrates of the Constitutional Court who have supported the appeals of protection of convicted of the
procés
when estimating that the sentences had been "disproportionate".
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Know more
Minister council
Juan Carlos Campo
constitutional Court
Justice
Sentence procés
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