The Supreme Court confirms a conviction of a man who hit two 'mossos' with a stick on the first anniversary of 1-O

The Supreme Court has confirmed the sentence of three years and six months in prison imposed on activist Adriá Sas Menéndez for crimes of attack and injuries for hitting two police officers on the head with a stick when he was participating in a protest in front of the Parliament of Catalonia on October 1, 2018, the day that marked the first anniversary of the 1-O referendum. The Criminal Chamber has rejected all the reasons alleged by the accused in his appeal, and has confirmed the ruling of the Superior Court of Justice of Catalonia, which in turn ratified the sentence of the Barcelona Court. Both the Prosecutor's Office and the Catalan Generalitat demanded that the Supreme Court not admit the convicted person's appeal. Sas Menéndez will, in principle, be one of the beneficiaries of the amnesty that Congress approved this Thursday, but once his sentence is final he could have to go to prison until the grace measure is effective, although his defense may request that the imprisonment be provisionally suspended.

According to the proven facts of the sentence, on October 1, 2018, around 8:00 p.m., the accused was before the Parliament of Catalonia, in the Parc de la Ciutadella in Barcelona, ​​where a group of people had gathered with the purpose of protest, and where some protesters threw objects, and shook and moved the fences that the Mossos d'Esquadra had placed in the place. “The accused, who was wearing a red scarf that covered the lower part of his face, was carrying a rigid wooden stick, more than a meter in length, and several centimeters thick, on which there was a cloth like flag. With that stick he hit the Mosso d'Esquadra (…) on the chin, when he went to try to prevent the fences from being dismantled. In a subsequent action, the Mosso d'Esquadra (…) fell to the ground, and the accused hit him on the right hand,” states the story that includes the sentence. And he adds: “Later, the accused hit another police officer with the same stick, hitting him in the helmet that the agent was wearing on his head.”

The sentence explained that both agents were uniformed, and were part of the prevention device that had been established in the expectation that a demonstration was going to take place in that place. Sas Menéndez was sentenced to 3 years in prison for the crime of attacking authority with the use of a dangerous instrument, and 6 months for the crime of less serious injuries, as well as a fine for another crime of injuries (in this case minor), in addition to to pay total compensation of 1,800 euros to the two agents he injured. The Supreme Court confirms the ruling of the Superior Court of Justice of Catalonia, which in turn ratified the sentence of the Barcelona Court. Both the Prosecutor's Office and the Catalan Generalitat as the respondent claimed that the convicted person's appeal for cassation was inadmissible.

The Supreme Court highlights that the Provincial Court based its sentence on valid evidence, subject to contradiction and with sufficient incriminating significance to prove the activist's participation in the events. The court also confirms that the aggravating circumstance of having used a dangerous instrument in the crime of attack, which was challenged by the activist, has been applied. According to the court, the instrument he used was a rigid wooden stick, more than a meter long and several centimeters thick “whose damaging capacity is objectively relevant.” That stick, the Supreme Court warns, was used against the agents, directing it against their heads, so that the first injured person was hit first in the chin and then in the head, and caused a blunt wound in the chin, which required the application of three stitches; The second was hit in the head, and, even though the police officer was wearing a helmet, it caused a neck injury.

What affects the most is what happens closest. So you don't miss anything, subscribe.

Subscribe

_