Keys to the crime of sedition, what is it and what punishments does it consider? When and how was it applied?

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What is it and what punishments does it consider? When and how has it been applied so far? How is it punished in Europe? What impact would a reform have on convicts or escapees? We answer the most important questions related to this crime.

The PSOE and United We Can parliamentary groups will present in Congress today, Friday, the bill to reform the crime of sedition. The announcement is an important step towards realizing a commitment made by the Executive nearly three years ago.

It was in January 2020, three months after the leaders of the “trials” were convicted of sedition, when Pedro Sánchez’s executive publicly opted for a broad reform of the penal code that would cover that crime and several others, such as sexual or environmental . In this time there have been reforms of that organic law, without touching the crime of sedition.

What’s? What does the current criminal code say about him?

The offense of sedition is included under the crimes against public order, in Article 544 et seq. of the Criminal Code.

It punishes those who, without involvement in the crime of rebellion, stand up “publicly and licentiously” to prevent, by force or outside the legal channels, the application of the laws.

It is punishable by 4-8 years in prison, which can go up to 8-10 years when it comes to the leaders of the sedition and 10-15 years if the one who stands up is an authority, who will also be disqualified.

When and how has it been applied so far?

It was on October 14, 2019, when the criminal type jumped to the front pages, with the Supreme Court ruling that the… leaders of the “process” (They were partially pardoned in June 2021). The longest sentence, 13 years, fell on the former vice president of the Generalitat Oriol Junqueras, also convicted of embezzlement, as were former ministers Raül Romeva, Jordi Turull and Dolors Bassa.

Before that verdict, sedition proceedings had been opened against some city councils for promoting and adopting motions in support of the Catalan parliament’s independence resolution or even against mayors, but these were eventually suspended due to the lack of tumultuous protests and calls for citizens to turn around. to participate in those actions.

They were also tried for sedition and coercion palm drivers for the air chaos that had erupted at several airports in 2010, but they were only convicted of stopping the service after reaching an agreement with the Public Prosecution Service and admitting the facts.

How is it punished in Europe?

The crime of sedition, introduced into Spanish law in 1822, has no equivalent in most European countries. France, the United Kingdom, Italy, Germany or Belgium consider the crime of rebellion, but not the crime of sedition.

What impact would a reform have on convicts or escapees?

The scope of the reform that the central executive is considering will depend on its impact on convicted “trial” leaders, whose pardons are being appealed and who could benefit from a possible reduction in the penalty for disqualification.

A reform of the sedition could also benefit pro-independence leaders in exile, such as former Generalitat president Carles Puigdemont or former minister Toni Comín, both MEPs.

However, they would not be exempt from possible jail time even if the offense of sedition were withdrawn or reduced to a minimum sentence, as they could also be wanted for embezzlement, a crime that carries between two and six years in prison.

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Source: EITB

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