Editorial, 7 March 2024
Meeting of the Congressional Justice Committee
Cases of embezzlement in which “there has been no intention of enrichment” are included in the measure of grace.
The modifications to the amnesty law that have made the agreement between the PSOE, ERC and Junts possible modify three articles and the preamble of the law and delimit the chapter of exclusion of terrorist crimes to acts that “due to their purpose can be classified as terrorism according to Directive 2017/541 of the European Parliament and of the Council, of 15 March 2017″. In this way, the wording of the regulation leaves aside references to the Penal Code and focuses on European law, both on the crime of terrorism and high treason.
Thus, serious crimes of terrorism as defined by the European Convention on Human Rights and the European directive on the subject are excluded from the amnesty, so that acts of protest such as those of the Tsunami Democràtic would be amnestied. Specifically, according to the text, only acts that “have intentionally caused serious violations of human rights, and in particular those regulated in articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in international humanitarian law” will be excluded from amnesty.
As for high treason, the United Nations Charter will be considered, and only acts that have entailed “an effective and real threat” and “an effective use of force against the territorial integrity or political independence of Spain” will be excluded from the measure of grace. The distinction between what the Penal Code says, and European and international law is the one that will offer more guarantees to the pro-independence defendants.
With regard to embezzlement, the amnesty includes cases in which “there has been no intention to enrich” and that “only” are aimed at financing the expenses related to the pro-Crime and the 1-O referendum. “The application of public funds to the purposes set out in the sections will not be considered enrichment when, regardless of their compliance with the legal system, there has been no intention to obtain a personal benefit of a patrimonial nature,” the text indicates. On the other hand, the deadline for the application of the law has been brought forward to 1 November 2011.
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