disqualification from the civil service is maintained and they are conditioned on the non-repetition of the crime


Posted: Monday June 21 2021 10:53 AM

The Spanish government has already prepared the pardons. Although the big presentation is being orchestrated this Monday at the Gran Teatro del Liceu in Barcelona, ​​some details of the pardon measure that Sánchez hopes to approve in favor of 9 of the 12 convicted by the trial are already known in advance – because Santi Vila, Meritxell Borrás and Carles Mundó have already served their sentences.

In this sense, as LaSexta has learned, the pardons directed against Junqueras, Jordi Cuixart, Raúl Romeva or Jordi Turull have two main characteristics: on the one hand, they stress from the Executive, they will be partial. In other words, once approved, convicts can be released from prison, but their ban on public office will remain in effect.

The second nuance lies in the conditioning to which this measure of grace is subjected. In fact, this is the main requirement: convicts can regain their freedom, but this freedom is subordinated to the non-repetition of the crime, so that judicial pardon can be rendered ineffective in the event of recidivism of the criminal behavior.

Each of these files has an extension of about thirty pages, in which one can read a studied legal argument based on reasons of “public utility”. In this sense, the government also presents a political justification: the decision will help heal the wounds and promote coexistence in Catalonia, they stress.

Steps to follow

If, on Monday, during the meeting of the General Commission of State Secretaries and Under-Secretaries, additional time is deemed necessary to approve pardons, he could wait a week, until the 29th. – say the day before Sánchez’s appearance in Congress to explain the reasons for pardons.

However, there is a second option in case the approval does not materialize on Tuesday – although the government itself gives it few options -: to include this issue in the extraordinary cabinet meeting that Sánchez announced for. Thursday, June 24, during which the green light will be given at the end of the outer mask.

In any case, after the imminent approval of the pardon measure, sooner or later it will be published in the Official State Gazette. At that point, the Supreme Court release process will begin. The second chamber will have to carry out the liquidation of sentences, examine the pardoned sentences and issue orders by which criminal liability is declared extinguished.

Thus, and if necessary, the release of the nine detainees will be ordered. These cars will be communicated to the prisons in which they are serving a sentence, and the departure of the Junqueras, Cuixart and company from the prison will be immediate.

The sentences to which they were sentenced

Specifically, Esquerra Republicana chief Oriol Junqueras is still serving a 13-year prison sentence, along with another 13 years of absolute ban. Raúl Romeva, former Minister of Foreign Affairs, Institutional Relations and Transparency, was sentenced to 12 years in prison (and another 12 years of disqualification, just like Jordi Turull and Dolors Bassa).

Carmen Forcadell, former Speaker of Parliament, had to serve 11 years and 6 months in prison, with the same time of disability, while Joaquim Forn, former Minister of the Interior, and Josep Rull, also former Minister of the Government, have was sentenced to 10 years and 6 months in prison and disqualification.

At the same time, the lightest sentences were, as we have explained, for Santi Vila (former Minister of Business and Knowledge), Meritxell Borrás (former Minister of the Interior) and Carles Mundó (former Minister of criminal justice), who faced a 10-month fine as well as a stay ban of 1 year and 8 months. Most of those convicted have faced crimes of sedition, embezzlement or disobedience.

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