The tenth section of the Barcelona Hearing has sentenced the agent of the Mobile Brigade of the Mossos Daniel MC to two years in prison for striking the second night of mobilizations against the eviction of the Expropriated Bank in the Villa de Gracia in Barcelona on 25 May 2016. The Tribunal considers that a riot officer with a personal identification card 13516 is the author of an offence of injury with a dangerous instrument, the prevalence of which is aggravating on the public character of his position. In addition, he has imposed on him the suspension of his police activity as a ring fly during the two years of conviction, which, as provided for by law, will not result in deprivation of liberty in the absence of a criminal record.

After the trial held on 29 and 30 April at the Palace of Justice in Barcelona, the three magistrates who drafted the judgment considered it proven that the Police acted "with the intention of violating their physical integrity" and that neither he nor the few people who were at the place of the square performed any hostile, violent, aggressive action and the Mosso hit his left hand.

The sentence is very long and leaves no doubt: "There was no abuse in a justified action of the agent, but an unjustified action, contrary to the law".

Thus, a 35-page document dismantles the defense strategy of the agent, which was based on trying to prove that the aggressor police could not be identified. The judges, for their part, claim that the seven journalists who testified at the request of the accusations "declared in a credible and reliable manner, without putting or removing anything other than what was seen and heard."

The sentence is very long and leaves no doubt: "It's not that the behavior of the agent is not proportional to the way the agent acted, as he had to use his defense in another way or hit another less vulnerable place. The point is that it was not justified to use his defence. There were no abuses in the agent's justified action, but an unjustified action, contrary to the law". For this reason, the court has dismissed the young woman's request that the facts occur "to fulfill a duty", referring to the facts.

However, the Hearing has rejected the crime that the popular accusation called for against fundamental rights, on behalf of the Iridia Centre for the Defence of Human Rights, claimed by lawyers Sonia Olivella and Laura Medina. He maintains the decision, stating that, as a result of the tumult that took place at the time, there is a "reasonable doubt" of whether the defendant heard Rodríguez's cries identifying him as a journalist, and adds that the editor of this media did not wear the bracelet that was credited by the press, which is not an element of compulsory use, nor a photographic camera or a tool that identified him as a professional of communication beyond the mobile phone.

In the economic chapter, the staff member shall indemnify the victim with EUR 7,275 for civil liability and pay the costs of the proceedings, as well as those of the private indictment carried out by the lawyer and co-director of Iridia Anaïs Franquesa. However, the judgment is not yet final and the Mosso can still appeal to the High Court of Justice within ten days.

Iridia has sent a press release to the media highlighting the following: "We are facing a very important sentence that prevents impunity, which sometimes attacks journalists in their professional activities, which is fundamental to guaranteeing freedom of information," he added. Finally, according to this body, "the current mechanisms of control, evaluation, investigation and sanction of the Mossos Group are obsolete and require in-depth reform of them". The basis for this change will be a Commission of Analysis on the models of Public Order and the control mechanisms that should be adopted in the near future in the Catalan Parliament, where they hope to address "the need to create an independent mechanism of police control that complements internal mechanisms".