Despite the urgency with which the reform of the Criminal Code is being processed, which includes the repeal of the crime of sedition, the PP has prepared an amendment to the entire text presented by PSOE and Unidas Podemos, which covers all crimes that are They intend to reform, but with special attention to the recovery of the crime and the penalties established in the text still in force, for the crime for which the political leaders of the process were convicted.
But the PP does not stop there, and as it had carried out in its electoral program, and to what the PSOE had committed itself, they assure the PP, the amendment to the entirety includes an article that penalizes the mere call for a referendum or elections illegally, for not having the legal capacity to call them. This summons entails penalties of three to five years in prison, and absolute disqualification "for a period of between three and five years greater than the duration of the deprivation of liberty imposed."
But the PP does not stop there and also punishes those who "without calling or authorizing" this illegal referendum, "facilitate, promote or ensure the process of general, regional or local elections or popular consultations by way of referendum in any of the modalities provided for in the Constitution, convened by someone who manifestly lacks competence or powers to do so".
Once the illegality of the process has been agreed, the authorities or officials who have engaged in these conducts will be punished with a prison sentence of one to three years and absolute disqualification for a period greater than between one and three years than the duration of the deprivation sentence. of imposed freedom. In addition, it punishes with sentences of six months to one year those who act as intervenors in this type of illegal consultation, "or facilitate, promote or ensure its completion once the illegality of the process has been agreed." These prison sentences may be replaced by a fine of 12 to 24 months."
Regarding sedition, the PP amendment maintains the wording of the current Penal Code, in Chapter I "Sedition" of Title XXII "Crimes against public order". In other words, it maintains the penalties of eight to ten years for those who commit the crime of sedition, and ten to fifteen for those who commit it while being a public authority.
With the text of the PP, it would continue to be considered a crime of sedition committed by those who "without being included in the crime of rebellion, rise up publicly and riotously to prevent, by force or outside of legal channels, the application of the Laws or any authority, official corporation or public official, the legitimate exercise of their functions or the fulfillment of their agreements, or of the administrative or judicial resolutions".
Those who have committed this crime of sedition, have induced, supported or directed it, or appear in it as its main perpetrators, will be punished with imprisonment from eight to ten years, and from ten to fifteen years, if they are individuals. established in authority. In both cases, absolute disqualification will also be imposed for the same time, which are the penalties that were imposed on those convicted by the process.
Outside of these cases, the penalty of four to eight years in prison will be imposed, and that of special disqualification for employment or public office for a period of four to eight years, and in the event that the sedition has not come to hinder in any way. the exercise of public authority and has not caused the perpetration of another crime for which the Law establishes serious penalties, the Judges or Courts will reduce the penalties by one or two degrees.
