It’s up to the courts, and look where we’ve come
Anyone who has been involved in a legal dispute and has been either a plaintiff or a defendant has asked their attorney how it will go, and everyone has received the same answer: it’s up to the courts. If you accuse someone of stabbing you with a Toledo sword in the middle of a public street and you have a 3D photo of the exact moment they stabbed you, plus an ATM camera recording and a report medical signed by the entire ER team certifying that the belly was yours and the sword was theirs, then, and only then, might you be guaranteed victory. But if the photo isn’t high resolution, the ATM camera had a fly stuck in it, and the medical team misspelled your last name, then… it’s up to the courts.
The complexity of life and the relativity of truth
Understandably, life is complicated and no two crimes are alike. It is also true that truth is relative. However, laws are assumed to be precisely drafted and clearly express the will of the legislature. So, in theory, judges should be able to apply them predictably. Their interpretation capacity should be limited to particularly complicated, doubtful or atypical cases. Only in a minority of cases should it be valid to say that it depends on the courts. If it depends on the courts, it may be because the laws are written by illiterate MPs who played cards after drinking Soberano, which cannot be ruled out. Or it may be because many judges have given themselves the right to do as they please, and we politicians and citizens have tolerated it to the point of considering it natural and inevitable, like the pains of childbirth. That is why they dare to do what they are doing with the amnesty law. Whatever the law says, it’s up to the judges. And the prosecutors. And in this case, it depends on many judges and prosecutors who do not wish Spain well.
References
Source: Catalan language course – Department of Justice
