There are extravagant changes, particularly with regard to the prison sentence, and it has a great deal of influence on the judicial proceedings against those who processed the Referendum of 1 October 2017 in Catalonia. We have brought to this news a summary of the work written by Alexandre Solano de Vilaweb on the impact of this reform on the repressive parties.

The crime of sedition is suppressed and the crime of embezzlement of money causes a reduction in prison sentences. In 2015, the PP hardened the law of this crime, in which it condemned to devote public money to unfixed purposes, as before, but also on this occasion, although the misuse of money was non-profit. In the past, a prison sentence of up to 12 years could have been imposed and can now be reduced to 4 if it is non-profit or a fine.

Persons pending

Among the senior officials, technicians and businessmen of the Generalitat, such as Joaquim Nin, secretary-general of the presidency of the time, Antonio Molons, former secretary of the Expansion, or Ignasi Genovès, former secretary general of the Expansion, there are about 20 people in the investigating courts of Barcelona by organizing a referendum. If the litigation considers that the misuse of money caused serious harm, they may be punished by imprisonment for 1 to 4 years, or by fine and cessation for up to three years.

In May 2021, it opened on 18. Litigation before the Examining Court, following a report by the Spanish Court of Auditors, on the misuse of funds in the foreign activity of the Generalitat. The then Foreign Minister, Raül Romeva, together with Albert Royo, Aleix Villatoro and Teresa Prohias, is one of the victims.

It is not clear when these trials will be held, because there are people in both disputes and the accusations are similar. On the one hand, the Barcelona Court must decide how to do this, and on the other hand, some of the defendants are today empowered and must therefore be tried by the Supreme Court of Catalonia: Josep Maria Jové and Lluis Salvadó are today Members, and Natàlia Garriga is a Minister for Culture. All have to deal with requests for prison sentences, except for Garrigas prosecuted for disobedience.

How will it affect former political prisoners?

If someone has been convicted of reformed crimes, the court that set the penalty should review the sentence. The second chamber of the Spanish High Court of Justice, headed by Manuel Marchena, will study the sanction in the case of the twelve high places condemned by the Proces case. First of all, the prosecutor’s office and Vox, a special indictment, have to make further requests for sanctions, which can cover a few months.

With this reform of the Penal Code, former members Meritxell Borràs, Carles Mundó and Santi Vila have already served their sentences. The rest was released from prison in June 2021, thanks to the pardon approved by the Spanish Government, but they continue with the cesses set by the sanction, such as former Vice President Oriol Junqueras until 2031.

With the new readings, it may be necessary to eliminate sanctions and re-apply as a candidate. However, it may also be inconvenient in this regard that PP, Citizens and Vox have recourse to pardons and, if accepted, Proces' ordinances should return to jail.

In the trial of Proces, five people were convicted for the crime of sedition only: Jordi Sànchez, Jordi Cuixart, Carme Forcadell, Josep Rull and Joaqim Forn. He may be acquitted, but it may also happen that he is now being punished for public disorder and then faced with a 9-year prison sentence. However, such new penalties would involve new resources, calling for a new trial, for example, with the new charges, the defence could be reorganized.

What about the exiles?

The reform also affects former foreign leaders Carles Puigdemont, Toni Comín, Clara Ponsatí and Lluís Puig. Judge Pablo Llarena, author of the Spanish Euroorders, has announced that he will process a new Euroorder against Puigdemont, Comin and Puin based on the crimes of embedience and disobedience of money. It is curious, because when Puigdemont was arrested in Germany in 2018, German justice did not accept extradition for the crime of rebellion, but opened the admission door for improper use, and finally Llarena withdrew from his petition. Now Llarena is going to put as much force as possible in the unfair use of funds, as disobedience is not punishable by imprisonment. And, as has already been determined, in the misuse of money too, sanctions have decreased considerably.

Against Ponssi there is nothing but a crime of sedition, so you can come back whenever you want. Llarena may also accuse him of disobedience, but this crime is only punishable by dismissal. Marta Rovira is exiled in Switzerland and there is no extradition request against her, but she is still being prosecuted for the crime of rebellion, although in the trial of the proces this crime was rejected. Like Ponsati, Llarena accuses him of disobedience and Rovira announces that he will analyze what the new situation is and act accordingly.

Damage to detainees in demonstrations

In general, this reform is of great benefit to the high offices caused by the proces, but the Irídia and Solidarity Alert associations have denounced that the same is not true of those detained in demonstrations. Both associations consider that the reform of the crime of public disorder may violate the right to demonstrate and facilitate repression against social movements. They say that it is common today that in public disorder sentences there are prison sentences of 1-2 years, so you do not have to go to jail if the penalty is less than 2 years. However, this can now be changed, as the minimum penalty for this crime can be between 1 and 3 prison sentences.