"The corrupt person who takes the money in his pocket is not the same as the one who does not take it." With this phrase the Government, through Minister Margarita Robles, has started the week transferring "the unequal" regulation that currently exists for the crime of embezzlement to open the door to a possible modification during the parliamentary process of sedition. However, the change in the crime of embezzlement is much more dangerous because it directly affects cases of corruption. And it is that in this background not only do they appear convicted and prosecuted by the procés, but also politicians such as José Antonio Griñán, convicted of the ERE scandal in Andalusia.
The President of the Government, Pedro Sánchez, already recalled last Sunday during an interview with La Vanguardia that the proposal of the two groups that support the government [PSOE and United We Can] is to change the crime of sedition, later slipping that the parliamentary groups “ they are free” to present the amendments they consider. One of them will be ERC, from where an amendment to the bill will be presented to reduce the penalties for the crime of embezzlement for those who have not personally profited from the diversion of public funds.
The Minister of the Presidency, Félix Bolaños, and the Minister of Defense, Margarita Robles, came out this Monday to delimit the action promoted by the Government [change the crime of sedition] from that which may take place within the legislature [modify embezzlement] : “In the processing of sedition, it is possible to consider modifying the crime of embezzlement,” said Bolaños; “We are in a democracy and the corresponding amendments can be presented”, added Robles.
Embezzlement is corruption. This is a special crime of misappropriation of public assets or unfair administration of the same that must be committed by an authority or public official. The reform promoted by the Popular Party during the absolute majority of Mariano Rajoy made the “profit motive” with which the authority or public official had to subtract public funds to be punished disappear. The reform introduced a new typification of embezzlement as an assumption of unfair administration of public funds. Other assumptions of unfair management with damage to equity were included within the scope of the standard – along with deviation and subtraction behaviors. In the absence of knowing details about the amendment that ERC will present, the reform of the Popular Party could be one of the lines to amend.
The Penal Code includes prison sentences of two to six years in prison and special disqualification for public office or employment and for the exercise of passive suffrage for a period of six to ten years. In the procés sentence, the Supreme Court understands that some of those convicted incurred in embezzlement for carrying out acts of manifest disloyalty in the administration of public funds for carrying out regulations that gave the green light to the use of resources that guaranteed the organization of the 1-0 referendum. The highest sentences imposed by the Supreme Court corresponded to those who added sedition to embezzlement: Oriol Junqueras (13 years old), Raül Romeva (12 years old), Dolors Bassa (12 years old) and Jordi Turull (12 years old).
The four previous pro-independence leaders were convicted of a crime of sedition in medial competition with an aggravated embezzlement of public funds. In other words, a crime [the embezzlement] was a necessary instrument to commit another [sedition]. The Supreme Court did not establish how many years in prison corresponded to one or the other crime. If there is also a reduction in the crime of embezzlement, promoted by ERC, as announced by the president of the Generalitat Pere Aragonés, the Supreme Court should review the convictions of Junqueras, Romeva, Bassa and Turull.
Carles Puigdemont and the fled former ministers Toni Comín, Clara Posatí and Lluís Puig could also benefit. If the sedition reform announced by the government goes ahead, they would face trial for the crimes of aggravated public disorder and embezzlement. If, in addition, the crime of embezzlement is modified with a reduction in sentences, the path for his return to Spain could be paved.
The key has been verbalized by the Minister of Defense: "The corrupt person who takes the money in his pocket is not the same as the one who does not take it." The former president of the Junta de Andalucía José Antonio Griñán was firmly sentenced to six years in prison for prevarication and embezzlement of public funds, but according to those who fly the banner of his request for pardon, the former leader of the Andalusian socialists did not get rich not a single euro for the case of the ERE. There was no profit. Time plays against Griñán to avoid his entry into prison.
