The Amnesty Law and its Application to Crimes of the Process
The General State Attorney’s Office has supported the full application of the amnesty to all crimes of the Procés, including embezzlement. According to the Lawyers’ Office, the embezzlement in the context of the Procés should be considered amnestiable, since the acts were not aimed at personal enrichment or harm to the financial interests of the European Union. This position aligns with the final verdict of the Prosecutor’s Office, which argues that the crimes of disobedience and embezzlement are amnestiable.
The Intention of the Acts and the Will of the Amnesty Law
The State Attorney’s Office emphasizes that the acts for which the independence leaders are prosecuted or convicted were intended to organize the October 1 referendum, without seeking personal enrichment. Furthermore, she emphasizes that the intention of the amnesty law is to exempt from criminal liability acts that qualify as the crime of embezzlement when they are aimed at financing or defraying events such as 9-N or 1-O.
The Venice Commission Report and the Pact in Congress
The State Attorney’s Office highlights the report of the Venice Commission, which admitted the possibility of applying the amnesty to acts of embezzlement and corruption, as long as there was a close causal link that limited this application to the specific purposes that motivated the amnesty. This nuance was added to the wording of the law, specifying that embezzlement would be amnesty as long as there was no enrichment purpose.
Affectation to the Financial Interests of the European Union
The State’s lawyer argues that the 1 October incident did not have any impact on the financial interests of the European Union, as it has not been proven or considered at any time that the funds originated in EU financial interests. In addition, it argues that there are no circumstances that show that the conduct could cause damage to the budget of the EU institutions.
Amnesty for Prosecuted Civil Guards and Police Agents
The State Attorney’s Office has also presented reports to request the application of the amnesty law to the civil guards accused of injuries during 1-O, arguing that their actions were intended to comply with the court order to prevent the holding of the referendum. Likewise, the Barcelona Prosecutor’s Office requested the application of the amnesty to the Spanish police officers prosecuted for having beaten and harassed 1-O voters in the Catalan capital.
