In favor of asking for your pardon without saying the word pardon. Thus, the brief that the president of the Parliament Laura Borràs has submitted to the Superior Court of Justice of Catalonia (TSJC) could be summarized, in which the former Junks leader asks to suspend his entry into prison for corruption and urges the judges to formalize the request for pardon to the government that included in the judgment of the case.
The TSJC gave Borràs ten days, and the other two convicted of corruption in the case of the Institution of Les Retres Catalanes (ILC) to allege how to fulfill their sorrows, after the Supreme Court ratified the sentence to four and a half years in jail to Borràs for agreeing with a friend the award of smaller contracts of web pages of the ILC.
The High Court fully confirmed the judgment of the TSJC. To an unusual extent but much less unpublished, the Judges of the TSJC advanced in their sentence that they were in favor of sending a partial request for pardon to the government by understanding that Borràs did not have to enter prison and that it was enough punishment with their disqualification to manage public money.
In a brief letter to which Eldiario.es has had access, on a single page, Borràs’s defense does not mention at any time the word pardon, but asks the court to formalize it “prior to adopt any other measure.”
The former Juns leader asks the Court to send without delay the request for the measure of grace that the judges themselves were supported [el tribunal] to execute the provisions of the fifth legal reasoning, section 5.3, in the terms expressed in the last paragraph of said reasoning ”.
The defense of Borràs refers to the paragraph of the TSJC judgment in which the judges argued that, if Borràs complied with the sorrows of disqualification to occupy public office, his entry into prison was not necessary “to avoid the future commission of new crimes”. The judges valued as sufficient criminal reproach the fact of remaining disabled to manage public money for 13 years and pay a fine of 36,000 euros.
The proposal for partial pardon (limited to the entry into prison, but not to the payment of a fine or the penalty of disqualification) is a tool of the judges themselves in the face of excessive minimal sentences. In the case of Borràs, it is only linked to the prison sentence for the crime of documentary falsehood, which was four and a half years in jail despite being the minimum that the TSJC could impose.
The reason was that Borràs committed that falsehood continuously during his stage at the head of the ILC and what false documents were both public (the contracts for the websites) and private (the offers that his friend presented to the ILC after being arranged for Borràs). The TSJC considered that the four and a half years of jail that was obliged to impose as a minimum penalty were “disproportionate and excessive for the reality that underlies the criminal behaviors” of the former Juns leader.
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