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The Supreme Court confirms one year of disqualification to ex-minister Bernat Solé for disobedience on 1-O

He maintains that he openly refused to comply with the mandate of the Constitutional Court.

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The Supreme Court confirms one year of disqualification to ex-minister Bernat Solé for disobedience on 1-O

He maintains that he openly refused to comply with the mandate of the Constitutional Court

The Supreme Court has confirmed the sentence of one year of special disqualification and a fine of 16,800 euros to the former minister and current delegate of the Government in Lleida Bernat Solé for a crime of disobedience for failing to comply -when he was mayor of Agramunt and deputy of Parliament- the ruling of the Constitutional Court that suspended the referendum of October 1, 2017.

In a sentence, to which Europa Press has had access, the magistrates have dismissed all the grounds for the appeal filed by Solé's defense against the ruling of the Superior Court of Justice (TSJ) of Catalonia that sentenced him to one year of disqualification special for the exercise of elective public positions and functions of government or administration, at a local, provincial, regional, state or supranational level.

In 32 pages, the Criminal Chamber has recalled that in the account of proven facts it is stated that the Constitutional Court issued an order on September 7, 2017 that suspended the Decrees of the Generalitat of Catalonia calling for the 1-O referendum. According to the judgment, on September 12, 2017, Solé was notified of said ruling by email and certified letter.

In its ruling, the guarantee body expressly warned Solé of its duty to prevent or paralyze any initiative that would circumvent the agreed suspension. He also warned of the possible criminal responsibilities that his breach entailed.

The magistrates have also stressed that the same Constitutional ruling was published in the Official State Gazette and it stated that all the mayors of Catalonia would be personally notified. They have also influenced that it was given "enormous diffusion" in the media.

In the sentence of the Catalan TSJ it is stated that Solé - despite the warning of the court of guarantees - developed an active participation in the promotion, organization and celebration of the illegal referendum in Agramunt.

Specifically, it issued a Mayoral Decree in which it made available to the Generalitat the premises normally used in the electoral processes of Agramunt, which was used on the day of the vote. He also allowed an entity to use a municipal premises managed by the City Council for the celebration of a public act, in which he participated as a speaker, to promote citizen participation on 1-O.

According to the proven facts, on the day of the illegal referendum he had an active and determined participation in its development and success, going to the voting center and assuming logistical responsibilities, support and assistance to the organizers throughout the day.

BREACHED THE CONSTITUTIONAL ORDER

Thus, the Supreme Court has concluded that Solé committed a crime of disobedience when as an authority "openly refused to comply with a mandate from the Constitutional Court."

The magistrates have specified that whatever motivated him to disobey "in no way excludes his conscience and will to do what he did, which integrates the intent of the author, sufficient for the purposes of subsuming the conduct in the crime."

Regarding the penalty of disqualification, the extension of which the appellant complained about, the Chamber has responded that it must be confirmed. "If the convicted person who, from the representative position he holds with evident public projection, has committed the crime of disobedience (...) were allowed access to another with similar characteristics and from which he could carry out a similar activity, he would be running the risk of making it possible to repeat this criminal behavior that tries to prevent the penalty of disqualification imposed", he stressed.

In this sense, the court has stressed that Solé, "in addition to taking advantage of his status as mayor to commit the crime, used that of deputy of Parliament."

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