The repeal of the sedition agreed by the Government and ERC has led the Supreme Court to file the appeals filed against the pardons granted to the former president of the Parliament of Catalonia Carme Forcadell and the former counselors of the Generalitat Joaquim Forn and Josep Rull, convicted of that crime in October 2019 to sentences of between 10 years and 6 months in prison and 11 years and 6 months. In several orders issued this Wednesday, the Contentious-Administrative Chamber explains that the file is produced after the order of the Supreme Criminal Chamber, of February 13 of this year, where the consequences for those convicted of the process of the reform that repeals the crime of sedition and modifies the crimes of public disorder and embezzlement.
For Forcadell, Rull and Forn, convicted only of sedition, the court that tried and sentenced the pro-independence leaders pointed out that it cannot be appreciated that, after the reform of the Penal Code, it can be considered that there is a crime of public disorder. In this way, as the Contentious Chamber now recalls, for those three convicted it could only be considered that they should be sentenced for a crime of disobedience, which is not punishable by imprisonment, which was pardoned, but by a fine, so that in the event that the appeals against the pardons were finally considered, the situation of these three convicted persons would not be affected. The challenges of their pardons, therefore, have lost their purpose, warns the Supreme Court.
On the contrary, the Chamber warns that the appeals against the pardons granted by the Government to Oriol Junqueras (former vice president of the Generalitat); the former Catalan councilors Raül Romeva, Jordi Turull and Dolors Bassa, as well as the former heads of Ómmium Cultural and the Catalan National Assembly, Jordi Cuixart and Jordi Sànchez, have not lost their object after the penal reform of 2022, since, in view of the order of the Criminal Chamber, the custodial sentence is not excluded for them. In the case of Junqueras and the three former Catalan councillors, they were sentenced for crimes of embezzlement and disobedience in bankruptcy, and in the case of the last two, for the crime of public disorder. The Contentious-Administrative Chamber, therefore, will continue to study them and resolve them in the coming months.
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