On the run and without brakes. The PSOE has put the reform of the crime of embezzlement on track this afternoon with Esquerra, when the compromise amendment of the Socialists to the initial proposal of the Republicans was approved, in an express meeting of the paper whose report will be submitted this Tuesday to the Justice Commission of Congress, for its definitive ratification in plenary this Thursday.
The agreement between the PSOE and ERC – which reduces the maximum prison sentence from eight (in some cases twelve) to four years when there is no profit or personal enrichment motive – is thus expected to see the green light, at the speed of cruise and almost out of breath, despite the reluctance and doubts that this morning the confederal group of Unidas Podemos has made public, which nevertheless has also supported the initiative in the presentation. Finally, the position of the Socialists is the one that prevails and the prison sentences for this crime will be reduced until now to four years, with a minimum of one. Esquerra proposed six months to three years in prison if the diversion of money is not for "private purposes."
The interpretations regarding the impact on those convicted of 1-O are different. The text indicates that the new criminal type has as requirements to go to prison that the budget deviation causes "serious damage or hinderance of public service." While in the PSOE they consider that it would include those convicted by the Supreme Court in 2019 and the former senior officials prosecuted and accused of embezzlement in the investigating courts of Barcelona and in the Superior Court of Justice of Catalonia, those of Oriol Junqueras believe that with The new wording on allocating public assets to a purpose other than that intended does not match the conduct of the referendum of October 1, 2017, since, in his opinion, there was no damage or hindrance to the public service. However, ERC assures that it is aware that the judicial system can "twist" the law for "political purposes."
Be that as it may, the votes in favor of the PSOE, Unidas Podemos and Esquerra Republicana have thus approved this Monday in a closed-door meeting of the presentation of the Justice commission of the Congress of Deputies the reform of the crime of embezzlement. The transaction of the PSOE and ERC has thus been incorporated into the report of the presentation, which will be debated and voted on on Tuesday in the Justice commission and this coming Thursday in plenary session of Congress.
The PSOE and ERC have agreed to several compromise amendments that lower the penalties for embezzlement. Among them, they state that the authorities or officials who divert resources to a function other than the one for which they were budgeted will be sentenced to one to four years in prison and disqualification from two to six years as long as there is "serious damage or hindrance". The disqualification would be from one to three years and a fine of three to twelve months if this "serious" damage does not occur.
In any case, the distinction in the crimes of embezzlement covers three cases and ends with the homogenization of the criminal types approved by the PP with its reform of the Penal Code in 2015. These three cases are misappropriation for profit personal enrichment or that of a third party; the temporary use of public patrimony for a private use, and derive public patrimony to a different application of which it was destined.
There is an important addition. The PSOE and ERC modify article 434 and indicate that if the culprit makes full reparation for the damage caused to public property before the oral trial or actively collaborates with the authorities to obtain evidence for the identification or capture of other culprits, they will be will impose a penalty lower by one or two degrees. United We Can has maintained a distant position on this point, despite approving the text.
In another area where the PSOE has imposed its criteria is in the reform of the crime of public disorder. ERC had opted to eliminate the concept "intimidation", but the Socialists have maintained the original proposal. Thus, those who disturb public peace with "acts of violence or intimidation" against people or things, obstructing public roads or invading facilities or buildings are punished with sentences of six months to three years in prison. It will be three to five years in the event that it is produced by a crowd of people with "a suitable number, organization and purpose to seriously affect public order."
The big quid is that several social associations and political parties warned that the new wording could criminalize the right to protest. To avoid this, the PSOE and Unidas Podemos have eliminated the possibility of attributing the crime of public disorder to those who peacefully occupy offices, offices or premises and cause a significant disturbance of public peace.
ERC affirms that the crime of public disorder has been improved, because in the case of invasion of facilities it cannot be applied if "the effective functioning of essential services in these places is not seriously altered".
