The new text of the amnesty seeks to protect Puigdemont from the "street terrorism" investigated by the Supreme Court

It also aims to protect the high treason being investigated in the Russian plot of the 'Voloh case'

The new text of the amnesty that the Congress of Deputies has on the table seeks to shield former Catalan president Carles Puigdemont from the "street terrorism" that the Supreme Court is investigating in the framework of the case it has opened against the Junts MEP for the riots attributed to the independence platform 'Tsunami Democràtic'.

The transactional amendments agreed upon this Thursday by PSOE, Junts, ERC, EH Bilu, PNV and Sumar also aim to protect those investigated in the Russian plot of the 'Voloh case' being investigated by the Investigative Court Number 1 of Barcelona, ​​whose judge insists on that the contacts of the independence movement with Moscow would be sponsored by Puigdemont and could constitute crimes of treason and against the peace or independence of the State and related to national defense.

Specifically, they modify the bill presented by the PSOE on November 13 to amend the previous preamble and articles 1, which includes the objective scope; 2, which details the exclusions of the law; and 7, relating to the effects on compensation and restitution.

The key to the causes of 'Tsunami Democràtic' and 'Voloh' is in the changes to article 2. It is worth remembering that the ruling that Junts overturned on January 30 pardoned crimes of terrorism as long as "manifestly and with intention direct" have not caused "serious violations of Human Rights", expressly citing articles 2 and 3 of the European Convention, which include the right to life and the prohibition of torture, respectively.

This point is maintained, but now the reference to terrorism established by the Spanish Penal Code is removed and it is left exclusively with the version of terrorism included in the 2017 European directive, where the crime threshold is higher.

This change takes place after the Supreme Court agreed on February 29 to open a criminal case against Puigdemont for 'Democratic Tsunami' and assured that there was "no doubt" that the facts attributed to the pro-independence platform are part of the crime of terrorism. That day, the court relied on at least a dozen sentences of 'street terrorism' that consolidate its doctrine on this crime.

The Supreme Court explained that to prove the crime of 'street terrorism', it is required that one of the following purposes be carried out: subverting the constitutional order, seriously disturbing public peace, seriously destabilizing the functioning of an international organization or provoking a state of terror in the population or a part of it. For the court, the behaviors analyzed in this case fit that description. In Europe, however, this concept of terrorism is more linked to the use of express violence.

Consult the full text here:

AMNISTIA by Europa Press on Scribd

"MINIMUM THRESHOLD" OF TORTURE AND HIGH TREASON WITHOUT FORCE

On the sidelines, with this Thursday's pact the text is also amended to exclude from the amnesty acts classified as crimes of torture or inhuman treatment, with the exception of those that "do not exceed a minimum threshold of severity because they are not suitable for humiliating or "to degrade a person or show a diminution of his human dignity, or to provoke fear, anguish or inferiority in a way capable of breaking his moral and physical resistance."

Likewise, the amnesty is amended to include forgiveness for acts classified as crimes of high treason and against peace, provided that "both an effective and real threat and an effective use of force against territorial integrity have not occurred." or the political independence of Spain".

It should be remembered that this section, which Junts has defended from the beginning, was left out of the text that Congress debated on January 30.

EMBERSPAGE WITHOUT THE INTEND OF ENRICHMENT

The new version agreed upon this Thursday also makes changes to reinforce the forgiveness of embezzlement crimes "as long as there was no enrichment purpose." And it is specified that "the application of public funds will not be considered enrichment" to acts committed with the intention of claiming, promoting or procuring the secession or independence of Catalonia or acts committed with the intention of convening, promoting or procuring the consultations of the 9th. -N and 1-O.

This change could benefit the former Catalan vice president and leader of ERC Oriol Junqueras, who remains disqualified until 2031 after being convicted by the Supreme Court for a crime of disobedience in real competition with another of embezzlement in its aggravated version.

It is worth remembering, however, that the Supreme Court explained - after the reform of the Penal Code by which embezzlement was modified - the concept of profit motive and insisted that "it can never be understood" that Junqueras' actions were "absent." " of that spirit.

As an aside, the new amnesty text extends the period to be forgiven by two months. Instead of starting from January 1, 2012, the period covers from November 1, 2011 to November 13, 2023. It is also used to include several references to the Venice Commission report in the preamble.

Furthermore, it amends article 7 to specify that fines will not be returned, except those imposed under the so-called 'gag law', "with the exception of those imposed for very serious infractions, provided that, at the discretion of the Administration that imposed the sanction, it is considered that proportionality criteria are met for this purpose".