The State lawyer has asked the Supreme Court to reduce the disqualification sentences for those convicted of 1-O based on the reform of the Penal Code that repeals sedition and modifies the crime of embezzlement. Unlike the Prosecutor's Office, which sees no reason to reduce the disqualification of the leaders of the procés convicted of embezzlement, the legal services of the State propose that the current sentence of disqualification for Oriol Junqueras go from 13 to 7 years, thus being reduced to practically half and facilitating their return to institutional politics in 2026.
The State Attorney's position is that the crime of embezzlement for which some of the leaders of 1-O were convicted corresponds to unfair administration and not to aggravated embezzlement (for profit), thesis supported by the Prosecutor's Office and the examining magistrate of the case, Pablo Llarena. In addition, the State Attorney maintains that the crime of sedition for which all those pardoned were convicted should be replaced by that of aggravated public disorder, something that is also contemplated by the public prosecutor's office but not by Llarena.
For this reason, for those convicted of embezzlement, the Lawyers request a review of the disqualification that contemplates a medial contest between the crimes of unfair administration and public disorder. In this situation, in addition to Junqueras, there are the ex-ministers Raül Romeva, Jordi Turull and Dolors Bassa, for whom he requests 6 years and 9 months of disqualification, instead of the 12 that appears in his sentence.
For those who were not convicted of embezzlement, the State Attorney's Office requests a slightly lesser disqualification. Thus, for the former president of Parliament Carme Forcadell, she asks for 6 and a half years, while for the former ministers Joaquim Forn and Josep Rull, 6 years and 3 months. Finally, for the former presidents of the ANC and Òmnium, Jordi Sànchez and Jordi Cuixart, it requests 4 years of special disqualification from employment or public office.
In its brief sent to the court that prosecuted the process, the Lawyer maintains that the sentence did not appreciate that the facts "constituted an appropriation, in the sense of not constituting the theft of funds for their own profit or for a third party" but "it did declare that the facts constituted acts of unfair administration of public funds as they were used to make possible the holding of the alleged referendum on October 1, through different contracts carried out by various Ministries".
"Neither was any evidence in this regard carried out in the trial, nor was it declared in the sentence that the acts committed by the accused were for their own profit or that of third parties, nor with the intention of obtaining those convicted of embezzlement their own benefit or someone else, on the occasion of those, so that the facts subject to condemnation cannot be subsumed in the conduct of "appropriation" for profit", explain the legal services. On the contrary, they understand that the facts "do meet the requirements of the criminal type of Art. 433 CP in force, since the sanctioned action consisted of giving the public property that they administered a public application different from that for which it was intended.
With regard to sedition, the letter indicates that, although the condemned acts present an "even greater scope", once this crime is repealed, it must be redirected to aggravated public disorder, since the sentence of the procés considered proven "the existence of a collective or group action, whose purpose was to threaten social peace by executing acts of violence or intimidation".
It emphasizes the "decisive participation" of Junqueras, "so that on both September 20 and October 1, both in 2017, massive acts involving intimidation and violence in some cases occurred, as well as occupation of premises and public facilities preventing its normal operation and producing an alteration in it, which would fill the typical elements of the conduct typified in article 557.2 CP".
