ERC proposes lowering the minimum penalty for the new crime of aggravated public disorder from three to one year in jail

It also proposes decriminalizing the "peaceful occupations" of premises, establishments, offices, offices or homes

MADRID, 9 Dic. (EUROPA PRESS) -

ERC has presented this Friday a series of amendments to the proposal of PSOE and Unidas Podemos to repeal sedition, among which it proposes that the crime that comes to replace the latter, that of aggravated public disorder, punish with penalties of one to five years of imprisonment. imprisonment and disqualification for the same time. If the "authors constituted in authority" are found, however, the penalty of disqualification would be absolute for a period of six to eight years.

The proposal of the Catalan party would come to reduce the penalties contemplated in the modification proposed by the Government. The Executive proposed repealing the crime of sedition and replacing it instead with one of aggravated public disorder, which contemplates penalties for the authorities of three to five years in prison -compared to 10 to 15 years that the current Penal Code includes- and disqualification from 6 to 8 years --compared to 10 to 15 years established by the current law--.

The Catalan party proposes lowering the aggravated minimum sentence to one year, he explains, "with a double purpose." "Firstly, so that the proposed penalty is consistent with the gradation of penalties provided for in the chapter, since it is a common criterion that the aggravated types do not start from the maximum penalty of the basic type. Secondly, to leave a wider margin for judges to adapt the sentence to the seriousness and specific circumstances of each case," they explain.

Likewise, the formation proposes to reform the basic type of public disorder and that those who, acting in a group and with the aim of violating public peace, carry out acts of violence causing injury to people or causing damage to property.

This proposal, they point out, has "the aim of improving the adaptation of the precepts included in this reform to democratic principles and avoiding the criminalization of the rights of assembly and demonstration with a biased interpretation by the courts, thus limiting an eventual will to understand them as a crime of danger".

Subsidiarily, the party proposes that "those who, acting in a group and in order to threaten public peace, carry out acts of violence or serious intimidation against people be punished with a prison sentence of between six months and three years." or things".

With the same penalty, also, those who obstructing public roads cause "a danger to the life or physical integrity of people" and those who "invading facilities or buildings" cause "a danger to the life or physical integrity of people ".

"The text proposed in the Proposed Law is modified with the aim of improving the adaptation of the precepts included in this reform to democratic principles and avoiding the criminalization of the rights of assembly and demonstration with a biased interpretation by the courts, thus limiting an eventual willingness to understand them as a crime of danger", maintains ERC.

In his opinion, "with the proposed amendment, the limits between criminal law and penalizing administrative law are clearer, always based on the principle of the minimum intervention of criminal law."

On the other hand, ERC also proposes the suppression of the current article 557 ter, related to the occupations of premises, establishments, offices, offices or homes.

"They do not have a sufficient level of harmfulness to demand the intervention of Criminal Law, since the peaceful occupations of premises, establishments, offices or homes do not affect public peace," the formation assures.