The amnesty will be approved by Congress
Now yes. If there are no last-minute surprises – given the precedents, nothing can be ruled out – the amnesty will be approved by the plenary session of Congress in the coming days and, after the blockade of the PP in the Senate, will return to the chamber down for final approval, for May.
The PSOE, ERC and Junts have agreed on a series of amendments that allow the amnesty law to be tweaked and that everyone feels comfortable to vote “yes”.
Socialists may say that the law remains constitutional and in accordance with European regulations; the Republicans, that the tweaks are positive and that, as a month ago, the law is good and will affect everyone; and the board members, defend that their negotiating pressure has allowed a series of tweaks that, now yes, allow a “comprehensive” and “immediate application” law.
The war for the story will be ceaseless in the coming days.
How is the law?
The text that has come out of the Justice committee – approved without incident – slightly modifies the exclusion of terrorism and links it solely to European standards.
It also strengthens the protection of acts that can be considered treason and better adapts embezzlement to the recommendations of the Venice Commission.
Changes are included in the fines for the gag law, which the Generalitat will now be able to return, and the margins of the judges are also reduced more when it comes to applying the amnesty to the 1-O policemen.
Judges will continue to have the final say, but the tweaks have allowed a law that, at some point, was at risk of being derailed to be derailed.
Key 1: Terrorism is no longer referred to in the criminal code
Terrorism is no longer referred to in the Spanish penal code, but reference is made solely to the European directive to fight terrorism and to the violations of rights contained in the European Convention on Human Rights (ECHR).
This allows causes related to terrorism, such as Tsunami and CDR, to enter the amnesty.
Key 2: The application of the law, in the hands of judges
Judges will have the final say in the application of the amnesty law.
Once the law goes into effect, judges will have two months to analyze it and decide whether to apply it in each case.
They can conclude that a specific cause does not fall within the objective scope of the law or that they have doubts and raise prejudicial questions in Europe or questions of unconstitutionality in the Constitutional Court.
Negotiators assume that the Supreme Court and the state’s top courts will try to torpedo the implementation of the law.
Key 3: Touchups in embezzlement
The amnesty law has been tweaked to better adapt embezzlement to the recommendations of the Venice Commission.
Only embezzlement cases associated with the process and which have not resulted in “personal enrichment of a patrimonial nature” will be amnestied.
Key 4: Return of gag law fines
With the new wording, the Generalitat will be able to return the fines imposed under the gag law, specifically those that are “light” and “serious”.
“General” fines, those not for the gag law, will not be amnestied, according to the law.
Key 5: Not all police officers can be accommodated
The tweaks to the exclusion of the crimes of torture or degrading treatment make it more difficult for the 1-O policemen to be protected in the amnesty.