The court made this decision after examining the appeal of a person convicted of the crime of public disorder and assessed that the amnesty law “grants different treatment to those who committed crimes to promote the secessionist process” compared to others who committed the same crimes for a different purpose.
He High Council is of the opinion that the Amnesty Act violates a number of rights protected by the Constitution, including the right to equality and the principle of legal certainty, and has therefore decided raises a question of unconstitutionality aimed at the crimes of public disorder and attacks on authority.
With this decision the Criminal Chamber takes For the first time the standard for the Constitutional Court, which must decide whether this is in accordance with Magna Carta.
He does so in an order, issued in the context of the appeal of a person convicted of public disorder that occurred in Girona following the ‘procés’ ruling, in which he indicates that “the norm in question refutes the constitutional right to equality before the law.” and considers “the reasons” given to justify “the clearly discriminatory treatment” imposed by the law as “arbitrary”.
Source: EITB
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