The law has 16 articles and 22 pages, half of which is devoted to explanatory notes. It underlines the necessity and constitutionality of the law, states that it does not affect the separation of powers and emphasizes that the principle of equality and proportionality is respected.
The organic bill of “amnesty”. for institutional, political and social normalization in Catalonia” erases the crimes related to the trial committed over ten years, expressly dismisses former President Carles Puigdemont and the rest of the fugitives and gives the judges a period of two months to applying.
The law has 16 articles and 22 pages, half of which is devoted to explanatory notes. It underlines the necessity and constitutionality of the law, states that it does not affect the separation of powers and emphasizes that the principle of equality and proportionality is respected.
1. Beneficiaries: The law implies the annulment of the ‘criminal, administrative and accounting responsibility’ of all those people involved in the preparation, implementation and consequences of the sovereignty process in Catalonia for a decade, between January 1, 2012 and November 13, 2023.
In addition to the political leaders who are in favor of independence, they are also discussed school principals in which 1-O ballot boxes were placed, mayors, demonstrators and police officers which occurred during the referendum of October 1, 2017.
2. Excluded: The standard excludes forgiveness for terrorist crimes when there is a final conviction and these consist of conduct provided for by European directives, ranging from deadly attacks to the manufacture of explosives, but also serious torture.
At the moment, a possible amnesty is still up in the air for two of the cases open to the independence movement for terrorism and in which there is still no punishment: that of the protests of Democratic tsunamiin which the National Court is investigating Puigdemont, and the Secretary General of ERC Marta Rovira, as well as that of the CDR prosecuted for planning acts of sabotage in response to the trial ruling.
Also excluded are intentional acts that caused death, loss of a limb, organ or sense, or impotence, infertility or serious disfigurement.
3. Reference to Puigdemont and the refugees: His name is not mentioned, but he is referred to directly when it is stated that “the search and arrest warrants and detention warrants will be null and void”, as will “national, European and international arrest warrants”, which also affect the former. councilors Antoni Comín and Lluís Puig and ERC general secretary Marta Rovira.
4. Police charges: The rule expressly relates to police action aimed at obstructing or preventing the process. The declaratory statement ensures that amnesty actions that may have been carried out in defense of legality and the constitutional order “do not involve any blame or blame on the groups involved” nor imply that the officials who intervened in defense of the public order be criminalized. is rather intended to alleviate their procedural situation.
5. Justification: The proposal assumes that the application of legality is “necessary” but “sometimes it is not sufficient to resolve a political conflict that persists over time.” It therefore advocates adapting the law to the political context. The amnesty is justified ‘for democratic coexistence’, ‘for the general interest’ and ‘for overcoming a political conflict’.
6. Constitutional fit: The text emphasizes that “the Constitution does not prohibit the legal institution of amnesty” because that is what the 1978 constituency wanted when it dealt with the 1977 amnesty, although it expressly prohibited general pardons. He claims it is “a constitutional mechanism” that guarantees that “all paths must be within the national and international legal system.”
7. Application: The law comes into force on the same day after publication in the Government Gazette (BOE). The courts and administrative and accounting bodies involved, with cases related to the trial, must apply the law on a “preferential and urgent” basis within a period of up to two months.
8. ‘Litigation’: the alleged political persecution since then Courts included in the agreement signed by the PSOE and Junts and which provoked the unanimous rejection of all legal actors, does not appear in the law, which does not talk about possible investigative committees in parliament that were mentioned in that pact.
The text recalls that “the judiciary is subject to the rule of law” and that the function of the judiciary is subject to the rule of law judges is to apply it. With their “legislative policy decision”, he adds, the Cortes “not only do not invade other spaces, but on the contrary, and by using their powers, they assume the best possible way to achieve a political tackle the problem. conflict”.
9. Money: The amnesty law will erase the alleged ‘accounting responsibility’ of more than thirty former Catalan leaders, including Carles Puigdemont, from whom the Court of Auditors is seeking between 3 and 5 million euros.
On the other hand, the amnesty does not give the right to receive it some compensationnor the refund of the amounts paid as fines or sanctions – which affect, among others, former President Artur Mas – and will not exempt civil liability towards individuals.
10. Other legal reforms: An additional provision amends Article 130 of the Criminal Code to expressly include amnesty, together with pardon, as a case of extinguishment of criminal liability. The Court of Audit Act is also being reformed to provide that those granted amnesty are exempt from liability.
Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
