The TSJC begins to apply the amnesty law
The Superior Court of Justice of Catalonia (TSJC), presided over by Jesús María Barrientos, has initiated the application of the amnesty law, which has recently entered into force after being published in the BOE. In this sense, the TSJC has requested the Prosecutor’s Office, accusations and defenses to pronounce within 10 days on the possible application of this rule in five specific cases related to the consultation of 9-N of 2014 and the referendum of October 1, 2017. This decision has been taken within the framework of the new regulations, agreed by the PSOE with Junts and ERC, which establishes that judges and courts must carry out this first consultation before executing any action
The cases in question
The cases in which this consultation has been requested include the 9-N case against President Artur Mas and former councilors Joan Ortega and Irene Rigau, as well as the conviction of President Quim Torra for disobedience and the former mayor of Agramunt Bernat Solé for 1-O. He has also been asked to comment on the case of former CUP deputy Pau Juvillà. Although in these cases the sentence has been served, the TSJC must decide on the dismissal and exoneration of the people involved, as if the facts had not existed.
The pending trial with embezzlement
In addition to these cases, the TSJC is also evaluating the pending trial for embezzlement in relation to 1-O, which affects former ERC officials Josep Maria Jové, Lluís Salvadó and Natàlia Garriga. The Superior Prosecutor of Catalonia accuses Jové and Salvadó of the crime of aggravated embezzlement of funds, despite the reform of this crime promoted by ERC to lower the punishment in cases where the person has not become rich.
The amnesty law and jurisprudence
The amnesty law states that those accused of embezzlement who have not enriched themselves will be amnestied. However, the jurisprudence of the Supreme Court establishes that ‘enrichment is every illegal act’, and therefore, for the prosecutors of the Supreme Court, the embezzlement of the 1-O is not pardonable. This will condition the TSJC’s decision on this crime, and it is expected that the Supreme Court may consult the Court of Justice of the European Union on the embezzlement amnesty.
