The ERC initiative to reform embezzlement and thus benefit the pro-independence leaders indicted by the process will not be the last word. The two parties that make up the Government of Pedro Sánchez, PSOE and UP, will present a proposal tomorrow that consists of adding a new type of embezzlement that penalizes irregular budgetary deviation within the same public administration, as La Vanguardia has learned. Those who commit this new crime may be punished to a maximum of four years in prison and six years of disqualification. Thus, the maximum penalty applicable to those charges processed with respect to the current Penal Code, which establishes up to six years in prison and ten years of disqualification for embezzlement, would be lowered.
The Government considers that, in this way, not a single case of embezzlement is left decriminalized, not even the slightest, which would be the aforementioned newly created, to the most serious, and even other behaviors that are not now punished, which They would also be included, such as illicit enrichment for those charges that obtain an increase in assets of more than 250,000 euros during their term, who cannot prove their origin, and which would entail up to three years in prison.
Aware of the social sensitivity regarding crimes of corruption, socialists and purples try to avoid any loophole of impunity. The objective is that no action that supposes a diversion of public funds, whatever its destination, is exempt from punishment, although more assumptions and gradations are distinguished.
The current Criminal Code is the one that the PP changed in 2015 and establishes a crime of embezzlement regardless of the destination of the diverted money whose punishment ranges from two to six years in prison (between six and 10 years of disqualification), with a aggravated type that can reach eight years in prison or even twelve. The PP eliminated any previous distinction on whether there was personal profit or not. It was considered that any diversion of public funds was considered embezzlement and a very wide range of penalties was set. ERC presented a proposal on Friday that recovers the distinction. Thus, according to the ERC initiative, sentences of two to six years would be left for those who commit embezzlement to profit themselves or third parties. And the penalties would be lowered (six months to three years in prison, and from one to four years of disqualification) for those who allocate public assets "without the intention of appropriating it" for "private uses." An example given by ERC: using the official car for private use.
Although it may seem that the objective of ERC is that the accused pro-independence leaders can be condemned under this second assumption, the truth is that the Republicans have drafted it in such a way that those accused of 1-O could be acquitted. Why? Because none of them is accused of using public funds for private purposes. They used them in actions that a public administration can carry out, but not for the purpose for which they were intended. For example, several of these former charges are being prosecuted for organizing presentations abroad to support independence or for hiring advisory, advertising or web services in favor of the 1-O referendum. As the ERC wording remains, the Government believes that these behaviors could be decriminalized. Hence, he proposes the new crime.
The initiative of PSOE and UP will be addressed tomorrow in the framework of the parliamentary presentation that debates the reform of the Penal Code. It is not agreed with ERC, although contacts with the Republicans are constant. Before Thursday's plenary session they will have to reach an agreement.
The PSOE and UP will not support the ERC proposal if it does not assume the new criminal type of irregular budgetary deviation within the same public administration. In the rest of the novelties proposed by the government bloc, such as illicit enrichment, it is assumed that there will be an agreement, since it implies a toughening of the Penal Code in cases of corruption. In addition, the mitigations will be more precise: they will only be applied if the stolen property is effectively returned and before the trial is held. The Government is trying to send the message that not only will the punishment for corruption not be eased, but in some cases it will even be toughened.
Finally, to avoid situations such as those that occurred with the law of sexual freedom or the law of only yes is yes , the PSOE and UP proposal includes a transitory provision so that the sentences are not modified in cases already tried in which the sentences are within the parameters of the new standard. The objective is to prevent the changes from benefiting already convicted politicians or from being applied to cases such as that of the socialist José Antonio Griñán, about to go to prison for the ERE.
