Penalties of up to 28 years for "dynamiting the foundations of the rule of law '

Rise (or alternatively sedition) and misappropriation. These are the crimes alleged against the Attorney General of the State and president of the Generalitat, Carles Puigdemont, members of his government, the president of the Catalan Parliament, Carme Forcadell and five members of the Bureau of the Regional Chamber, the same which they allowed the processing of all the laws of the secessionist process that led to the unilateral declaration of independence on 27 October. They are exposed to prison terms of between 18 and 28 years in prison depending on whether you are charged with a crime of rebellion or sedition, which the Public Ministry left to the judges to instruct the causes in each of the courts . Attorney General José Manuel Maza, is clear that, even without an uprising with weapons or combat, the defendants have committed rebellion. "In proclaiming the independence of a part of the Spanish Nation, the common and indivisible homeland of all Spaniards, have dynamited the foundations of the rule of law with complete disregard for the Constitution." This behavior is sufficient, in his view, that the requirement of violence that requires this crime, punishable under article 472 of the Penal Code is given. Maza was in charge of announcing himself yesterday in an espresso hearing, the filing of separate lawsuits against twenty public offices of the Government before the High Court and the Supreme Court. The first investigate and prosecute, where appropriate, to Puigdemont and his government (in total, fourteen people) because they are no longer Volumetric and competence of this court is determined by the crime of rebellion or sedition. "Damage nationwide" Meanwhile, the Criminal Chamber of the Supreme will handle Forcadell and the impugned of the Permanent Council (six), in this case being Volumetric (except one, which is dragged) and understand the prosecution that the offense has transcended the scope of the Autonomous Community. "The institutional damage is national in scope," said the writings, both signed by Maza. In addition, the head of the prosecutor considers it necessary to ward off these procedures the independence environment to "preserve the necessary serenity in the prosecution of some behaviors that are generating a sense of social fracture that can not be ignored." So much so ask that accrues to open new investigations and causes the TSJC against the protagonists of which has been the biggest challenge to the Spanish democracy since the coup of 23 February 1981. In the complaints, the content is identical and differ only in the identity of the accused and the court to which they are addressed, the urgent summons of the twenty members of the executive and legislative powers regional are requested with the express warning that if they will not be arrested. Maza justifies this urgency on the need to apply as soon as possible precautionary measures before the seriousness of the crimes by accusing them. Also, it asks for a deposit of 6.2 million euros than twenty defendants will have to pay in solidarity to ensure potential civil liability facing the trial. The "founding act" The starting point of the complaint is at the Catalan Parliament resolution of 9 November 2015 which declared "the beginning of the process of creating independent Catalan state as a republic." The judgment of the TC which declared the unconstitutionality of this resolution is the judgment that the defendants have systematically disobeying each of the initiatives that government and regional parliament have developed since. It was, he says the prosecutor, "provide regulatory coverage apparent separation process of the Spanish State". Despite the ruling organ of guarantees, the government of the Generalitat continued to promote measures necessary for the creation of an independent Catalan state as a republic measures, "using for this power that gave them having an absolute majority of deputies in the House, integrated into the parliamentary groups together for yes and CUP, and strengthened by the support of separatists associations they belong to a large number of those same deputies and members of government, the Catalan National Assembly and Omnium Cultural ". These associations -whose leaders, "Jordis" are in prison to prevent his escape, charged with sedición- shook the street within the separatist strategy of disobedience to the state. Episodes like the siege of the Civil Guard 20-S, the occupation of polling stations 1-O or harassment security forces were part of the plan to push for independence by illegal means. The goal of the defendants was clear: they were put at the service of the secessionist plan and promoted acts, statements and proclamations "paying in society the idea of ​​the existence of a right of self-determination on which was legitimized any act outside the law ' . Public Insurrection The prosecutor recalled that the occurrence of physical violence may not be necessary when the uprising, due to its characteristics and the unknown number of people involved is of such dimension that has sufficient intimidatory capacity to deter possible action the forces of order, "sabedoras that any opposition to the rebels in the uprising plans be turned violent and warlike." He adds that the defendants availed themselves of the population in "incessant acts of public insurrection, disobeying or collectively resisting the legitimate authority of the state, occupying roads, streets or buildings and subjecting law enforcement officials to incessant harassment (...) ".


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