The Attorney-General's office has decided this Sunday that announced complaint of rebellion for process that led to Declaration of independence of Catalonia last Friday did not register only in Supreme Court, as planned Initially, but criminal actions also stand in national audience.Learn More
- Parlament approves resolution for independence
- The prosecution will be sued for rebellion against Bureau of Parlament and Govern
Sources of public Ministry are raised that in High Court are denounced those responsible for declaration that still enjoy Aforamiento, as members of Mesa del Parlament, headed by Carme Forcadell, who gave vote on Independence. After dissolving house, President of government, Mariano Rajoy, through article 155 of Constitution, several members of Bureau remain in permanent deputation, and refore maintain jurisdiction. With Forcadell, y voted in favour of processing resolution, Vice-President of House, Lluís Guinó (JxSí); The first Secretary, Anna Simó (JxSí); And fourth secretary, Ramona Barrufet (JxSí).
The third Secretary, Joan Josep Nuet (Catalunya yes that is Pot), voted against proceedings although he participated in counting of votes that served to approve resolution urging Government to launch purported Catalan Republic. Nuet does not belong to permanent deputation, so it is no longer graduated.
At national hearing, only competent court, according to Organic Law of judiciary, to investigate and prosecute crimes of rebellion in case of non-gauged persons, former president of Generalitat Carles Puigdemont may be sued, Exvice President Oriol Junqueras and or members of government dismissed by Rajoy on Friday by way of article 155.
Since Friday Catalan parliament voted and approved resolution of Junts PEL Yes and CUP declaring independence, and central government intervened autonomy prosecution has experienced an internal debate on how to act criminally against those responsible for Secession attempt. Initially, lawsuit for rebellion – a criminal offense up to 30 years in prison – was recorded only in supreme and that competition on flasks would drag cause of non-flasks. However, after implementation of 155, in public Ministry y were inclined this Sunday to separate causes."Public and violent" uprising
The crime of rebellion is contained in article 472 and following of Penal code. This penal type punishes with a maximum of 30 years ' imprisonment those who rise "violently and publicly" to "repeal, suspend or modify totally or partially Constitution" or "declare independence of a part of national territory". The Chiefs of rebellion, according to Penal code, can face penalties of 15 to 25 years in prison. If uprising were armed or if re was "combat between force of its command and sectors loyal to legitimate authority, or rebellion would have wreaked havoc on public or private property, cut off telegraphic communications, telephone," By waves, railways or orwise, exercising serious violence against people, penalties rise to 30 years.
The independence leaders, with Puigdemont to front, have insisted on ir intention to achieve independence always by peaceful means. However, although law puts violence as a requirement of rebellion, jurisprudence introduces nuances.
The last time Spanish justice judged a crime of rebellion was after coup d'etat of 23 February 1981. Although in this case it was an offence of rebellion of military Penal code, not of common one, sentence stated that " violence is not indispensable requirement of rebellion, being able to agree and to carry out in a bloodless way without that, refore, destipifique Agents ' behavior.
The jurisprudence of High Court of Justice of Basque Country understands, for its part, violence not only as use of physical force, but also as "a serious and well-founded threat" of its application by elevations to achieve its objective.Error Faith
In an earlier version of this text it was said that third Secretary of dissolved Parlament, Joan Josep Nuet, voted in favour of processing of Catalan independence vote in house and belongs to permanent deputation. Both statements are erroneous: Nuet voted against and is outside parliament's permanency body.