The Ministry of Justice will have to financially compensate the former Minister of Justice of the Generalitat Carles Mundó for the 33 days he was in preventive detention for his involvement in the process. The General Council of the Judiciary (CGPJ) has endorsed Mundó’s request, which implies that the Government will have to compensate him, since the opinion of the governing body of the judges is binding, although the amount will be set by the Executive. The Supreme Court acquitted Mundó of embezzlement and only sentenced him for disobedience, a crime that does not imply prison sentences, for which the former minister He has claimed compensation of 19,409.81 euros, which is equivalent to 588 euros per day in prison.
Mundó was imprisoned on November 2, 2017 by order of the then magistrate of the National Court Carmen Lamela, first instructor of the process. The case later went to the Supreme Court, and magistrate Pablo Llarena released Mundó on probation, since he did not attribute rebellion to him like other investigated, but only embezzlement of public funds and disobedience. The former counselor sat on the bench of the Supreme Court just for the other 12 pro-independence leaders, including the former vice president of the Generalitat Oriol Junqueras, who were tried between February and June 2019. The sentence, notified in October of that year, acquitted Mundó of embezzlement (a crime for which the Prosecutor’s Office requested seven years in prison for him) and sentenced him for disobedience to a 10-month fine, with a daily fee of 200 euros.
When liquidating his sentence, the Supreme Court reduced his fine by 66 days, at a rate of two days of fine for each day he was in pretrial detention, but the former counselor considers that he should be compensated for “abnormal functioning of the Administration of Justice” and the CGPJ, in a report approved by the Permanent Commission, agrees with him. The CGPJ bases its decision on the jurisprudence of European justice, in addition to that of the Supreme Court itself and the Constitutional Court. The Council does not rule on the amount of compensation claimed by Mundó, a figure that Justice must set.
The ex-counselor exposes in his petition the “consequences” that that stay in prison had for him and his family and warns that it caused him “some damage that he does not have the duty to bear.” Mundó alleges personal consequences and recalls that when he entered prison, at the age of 41 and with three minor children, his salary represented 89.55% of the total family income. This supposed, he warns, “a serious inconvenience for the family economy”, which “was aggravated by the need to travel to attend family visits in the Estremera prison, 632 km from the family home, located in Gurb ( Barcelona)”. “Also in the family sphere, both the older parents in their environment, as well as the minor children at school and their partner, have had to endure innumerable comments about their procedural situation and imprisonment,” laments the former counselor, who points out that his children They have needed the help of psychologists to manage the situation.
Mundó also points out that the company for which he provided services as a lawyer for someone else suspended his contract the day he entered prison, and alludes to other moral damages and to his personal, family and professional reputation. “The exceptional media exposure, with the constant appearance of his own image present in all media, both on television, as well as in digital media and front pages in the main newspapers, under the accusation of having committed such serious crimes of the Penal Code as the rebellion, sedition, embezzlement of public funds, with requests for a sentence of up to 24 years in prison, is a burden that, as has been seen in the acquittal, should never have borne, much less preventive detention for more than a month”, laments the ex-counselor.
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