PSOE, PP, Vox and CS reject the Junts proposal to repeal the loss of seat before sentencing

Junts says that article 384 bis of the LECrim allows "Spanish judges" to apply "a political agenda"

MADRID, 21 Feb. (EUROPA PRESS) -

The parliamentary groups of the PSOE, PP, Vox and Ciudadanos have refused to support in plenary session of the Congress of Deputies the bill promoted by Junts that sought to reform the Criminal Procedure Law (LECrim) to repeal article 384 bis, which allowed the Parliament and Congress to strip several leaders of the 'procés' of their acts of deputies after their prosecution for the illegal referendum and before there is a final sentence.

The article states that "sign an indictment and decree provisional detention for a crime committed by a person integrated into or related to armed gangs or terrorist or rebel individuals, the defendant who is holding public office or office will be automatically suspended from the exercise of the same while the prison situation lasts".

For the Junts deputy Josep Pagès i Malló, repealing this article reduces the right of exception in Spain, avoids putting the presumption of innocence and the division of powers at risk and "closes the path to undue interference by the courts" in legislative life. For this reason, in his turn to speak, he explained that it was an improvement for elected representatives because that would put an end to an "anti-terrorist relic from the 80s", "an outdated device" that allows investigative judges to make decisions and that counts with "a dubious constitutionality".

The deputy has charged against "the Spanish judges" whom he has accused of applying "a political agenda" with this type of article. And he recalled that in the case of the pro-independence leaders prosecuted and sentenced for the illegal referendum he "supposed an early sanction" because they were "separated by the robes of the representation that the citizens granted them."

For this reason, he has pointed out that 384 bis "is a procedural trick, a burdensome trick of the judges", and has mentioned an opinion of a committee that belongs to the UN to emphasize that it is a violation of fundamental rights.

But the deputy of the socialist group Francisco Aranda has responded that the repeal of the article is not opportune, nor justified, nor motivated and has advanced his vote against the proposal because the article in question supposes the adoption of a precautionary measure for very serious crimes. serious.

In line, he has regretted that from Junts they only propose to repeal without alternative when the Constitutional Court has consolidated doctrine in this regard and says that constitutional rights are not violated. Regarding the opinion of the UN committee, he has qualified that it is neither binding nor is it the general meaning of the United Nations.

After this, Aranda has regretted that Junts continues to be stuck in the politics of confrontation and tension while Spain and Catalonia look to the future. "They are still muddy in the past: Spain is not a failed democracy, they are twisted and false arguments," he pointed out, to later blame him for denouncing that there is repression from the rostrum of Congress.

In the same way, the PP deputy José Antonio Bermúdez de Castro has made Junts ugly that they reiterate this type of initiative without seeking to improve people's lives and only seeking to "remove legal obstacles" for their independence cause. "They will not have our support," he stressed, adding that this article is "a legal tool in the hands of judges to defend the rule of law."

Like the PSOE, the PP has recalled that this temporary measure of suspension of office has not been applied to innocent people "and of peace", but that in the case of the independentistas there was already a firm indictment and provisional detention.

Regarding the opinion of that UN committee, he has stressed that it does not demand reparation from the State, but rather asserts that the mere document is sufficient reparation, and has made Pallès ugly for coming out to discredit the judges, accusing them of political activism. "That is inadmissible and a lack of respect for the separation of powers that invalidates your initiative," he added.

For his part, the deputy for Ciudadanos Edmundo Bal recalled that the application of 384 bis is not "a whim of a fascist judge" but the decision of an investigating judge "who has appreciated evidence", and recalled that the accused may have gone to a higher instance.

Thus, he has denied that Junts wants defendants with provisional detention to be in their offices "being able to harm the victims again" of their crime and with "the Spaniards paying their salary." "They have neither head nor tail", he has emphasized himself.

In this sense, he has emphasized that the measure is logical and proportionate and has asked Junts to make an effort to look beyond the pro-independence leaders and has given them the example of a policeman who was arrested and prosecuted for a terrorist organization: "Can continue to work as a police officer? It's ridiculous," he added.

Bal, in fact, has advocated expanding the crimes included in that article of the LECrim to those committed against the Constitution and against public order.

Vox deputy José María Figaredo has moved away from assessing the proposal to focus his speech on the fact that the Junts deputies "are very anti-Spanish, they hate everything Spanish and they try to undermine State institutions" but when they have to collect a public salary "they are the more patriotic."

"What do the voters think that they believe that the champions of independence represent them (...) but in reality they are lined with Caesar's gold", he insisted, ending up calling the nationalists "Judas" and accusing them of being "bolted on their chairs".

The Junts proposal has had the approval and support of both the ERC and the PNV. Esquerra deputy Carolina Telechea recalled that the Spanish state is a "deeply imperfect democracy" because "there are judges who bend the law, there have been political prisoners and exiles."

In line, he has considered that it is a good time to move forward because "political dissidents cannot be removed without a process with guarantees", and he has been happy that Junts finally approves the ERC strategy that involves political transformation , "for small advances".

For the PNV deputy Mikel Legarda, the Junts initiative is a good opportunity for a commission and with the corresponding presentation to reflect on the convenience of limiting the subjective scope of the norm and its automatism.

Meanwhile, the deputy of Unidas Podemos Gerardo Pisarello has taken advantage of his speech to blame Junts for being "more and more inclined to positions of order" and for taking positions in a way that avoids criticizing economic groups that harm the democracy. "You are always on the side of the big lobbies", he lamented, to later indicate that from the Catalan party "they demand solidarity when they are attacked by the powers of the State but they stand aside when the victims are others".