This was the last trial for the 'new sedition': dragging a fence and a container

• EL MUNDO responds What does the disappearance of the crime of sedition mean?

• Sedition The Supreme Court and the Prosecutor's Office fear a "disguised amnesty" with Sánchez's reform

The last trial for the crime of aggravated public disorder to which the Government now intends to redirect the

sedition focused on events that are very far from 1-O: «The accused grabbed a fence, and tried to push or pushed a container », collects the sentence of last July in the section of proven facts.

The incidents in a pro-independence demonstration against Vox took place in Catalonia and were judged by the

.

The

's Office asked to apply to the defendant, who was acquitted, article 557 of

, the same one in which, according to the proposal of PSOE and United We Can, a future 1-O would enter.

The sentence claimed was two years and four months in prison.

This is a figure very close to the three years that would be used if an episode like the

had to be judged again .

Comparing the maximum sentences, the incidents of March 2019 that the Barcelona Court reviewed could have had an even higher sentence than the one that would now correspond to the

, since according to the prosecutor, two of the six circumstances that aggravate the disorders were met.

The aggravated variant of public disorder in force today has a maximum penalty of six years in prison.

While Carles Puigdemont or Oriol Junqueras -misappropriation of public funds aside- would be prevented from receiving a maximum of five years in prison according to the reform, for the participant in the incidents of the counter-demonstration judged by the Provincial Court of Barcelona, ​​the figure claimed could have reached six years.

To know more

Penal Code.

Feijóo promises to "reverse" the repeal of the sedition if he arrives at La Moncloa

• Drafting: JUANMA LAMETMadrid

Feijóo promises to "reverse" the repeal of the sedition if he arrives at La Moncloa

Sedition.

The barons of the PSOE charge against Sánchez's reform

• Writing: MARTA BELVERMadrid

• Drafting: JUANMA LAMETMadrid

The barons of the PSOE charge against Sánchez's reform

The Justice also recently reviewed some incidents of 2017 in Palma de Mallorca organized by the independence group

.

The Prosecutor's Office charged with public disorder.

In one of the cases, with an aggravated character and a request for a sentence of four years.

This figure is already in the upper part of the range provided for in the reform that will replace sedition.

This trial also ended in acquittal, considering that what happened was not sufficient for a conviction: "More than 10 people gathered at the scene [...] carrying protest banners against tourism, smoke canisters, flares and confetti [ ...] without any damage or acts of violence".

The facts of 1-O

Judicial and prosecutorial sources consulted by this newspaper consider that it is not reasonable to lead the sedition of 1-O to "mere problems of public order" such as those examined in the two cases mentioned.

In its own Supreme Court, it has maintained in its resolutions that the

was "something more" than what they try to punish crimes against public order, including aggravated ones.

The sources consider that the facts judged in the

would not fit in the wording proposed in the bill of the parties that support the Government.

This fit must be examined by the Supreme when the reform enters into force, since it would be more favorable to the convicted.

If the conclusion is that it is not possible to apply it, it could lead to the reversal of the conviction.

In the case of the five convicted only for sedition, the acquittal would be complete and the disqualification they are still serving -the prison was pardoned- would disappear.

More complex would be the case of the four who were also convicted of embezzlement, led by former

Junqueras.

The crime of aggravated embezzlement remains intact, with its minimum of six years in prison and 15 years of disqualification.

Some sources consider that the impossibility of convicting for the repealed sedition or for the new aggravated disorders would lead to embezzlement.

That would lead to the "covert amnesty" denounced by judicial and prosecutorial sources.

Other sources interpret that, whether or not the new crime can be applied,

embezzlement will persist in the revision of the

Conforms to The Trust Project criteria

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