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The lawyers of the Congress of Deputies have determined that the deputy Alberto Rodríguez can keep his record and continue in his seat despite having been sentenced, for an assault on a policeman, to a prison sentence, which according to the Electoral Law is cause of supervening ineligibility and lose the status of parliamentarian.

But the lawyers consider that the substitution of the penalty for a fine means that said penalty no longer really exists and, therefore, Rodríguez can continue in his seat.

The report, whose content EL MUNDO has learned, highlights that "the prison sentence has been replaced by the fine" and that the key is to determine if the substitution alters the nature of the penalty.

At this point they conclude that it is.

The Supreme Court sentenced Rodríguez to a sentence of one month and 15 days in prison for the crime of attack against agents of the authority, considering it proven that he kicked a police officer.

And he replaced the penalty with a fine of 540 euros.

The document of the lawyers assures that the fine "is no longer a form of substitution of the penalty, but of application of the same", so that when the Electoral Law should be applied -that is, now-, the Article 6.2 of the regulation, which establishes that those sentenced to deprivation of liberty lose their status as deputies.

"There is no ineligibility"

In fact, for lawyers, the condition of deprivation of liberty "has not come into being at any time."

That is the summary of your argument.

"Had it been appropriate" the jail sentence would have been expressly included in the sentence.

In other words, the Supreme Court could have imposed a custodial sentence but it did not, precisely because it changed it to a sanction, argue the lawyers.

One of the fundamental arguments is that of proportionality.

So the report concludes that "from an analysis of the applicable regulations, there is no place" to remove the record from Alberto Rodríguez because "no extra-criminal consequence can be derived."

In other words, "there is neither the supervening ineligibility" stipulated by the Electoral Law, nor the stricter application of the Regulations of Congress.

This Tuesday, the Board of Congress must decide based on this report, and it is taken for granted that the majority of PSOE and United We Can vote in favor of paying attention to the lawyers and, therefore, Rodríguez will continue as a deputy.

And all this without the Electoral Board having debated the matter, because Congress has not asked it to do so.

Sources from the body that interprets the Electoral Law assure that there is debate within the body, as some members opt for a rigorous interpretation of the norm and others, for making an exception in pursuit of proportionality.

According to the criteria of The Trust Project

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