The Admissions Room of the Supreme court, made up of five magistrates, has admitted for processing this tuesday the complaint for rebellion, sedition and embezzlement presented by the Prosecutor’s Office against the dismissed members of the Bureau of Parliament who participated in the so-called ‘procés’ and the unilateral declaration of independence. Thus, the Supreme Court magistrate Pablo Llarena Conde has summoned the president of the Parliament, Carme Forcadell, and the other five dismissed members of the Board of the Chamber to take a statement next November 2 and 3 (this Thursday and Friday), from 9.30 am. The instructor reminds them that they come as investigated and that they have to appear with a lawyer.
After resuming the deliberation that began yesterday afternoon, the Supreme Court has appointed magistrate Pablo Llarena, who was the spokesperson for the majority association in the race, the conservative Professional Association of the Magistracy (APM).
The complaint is filed against a total of six people: the president of the Parliament of Catalonia, Carme Forcadell, who was a member of the Board until last July and current president of the parliamentary group of Junts pel Sí Lluís Maria Corominas, also members of the Board and deputies of the same party Anna Simó, Lluis Guinó and Ramona Barrufet (all of them members of the Permanent Council of this body, and, therefore, qualified) and against the third secretary of the same, Joan Josep Nuet, of Catalunya Yes that is Pot.
The rapporteur for the resolution will be the president of the Criminal Chamber, Manuel Marchena, and this body will be completed by judges Andrés Martínez Arrieta, Julián Sánchez Melgar, Juan Ramón Berdugo and Luciano Varela, sources from the high court have reported.
Up to 30 years in prison, for rebellion
They are attributed, among others, the crime of rebellion, punished with up to 30 years in jail, as the Public Ministry understands that the “foundations of the Rule of Law have been dynamited” with their acts, “carried out with absolute disregard” for the Constitution and proclaiming the independence of a part of the Spanish Nation, which is “a common and indivisible homeland of all Spaniards “.
For the Office of the Prosecutor, the events attributed to the parliamentarians “have developed beyond the territory of Catalonia and have produced effects transcending the territory of said autonomous community, radiating to the rest of the national territory.” It adds that the membership of all of them subsists as long as they maintain their positions as members of the Permanent Deputation of the Parliament of Catalonia. Therefore, it is understood that they are graded before the high court and it accepts their competence.
Concurrence of violence
Regarding the crimes denounced in the complaint, the Chamber explained that the prosecutor alludes to the existence of a crime of rebellion with an extensive argument aimed at justifying the concurrence of violence.
For the high court, “it will be throughout the investigation when the alleged facts, in view of the investigation procedures agreed by the instructor, confirm or deny their reality.”
It adds in its complaint that the violence required by the criminal offense of rebellion “does not require the use of weapons, or combat or serious violence against people.”
“It is a crime of cut result or of anticipated consummation in which it is sufficient that with the uprising there has been an objective danger for the consummation of the rebellious purposes,” he says to justify the attribution of this crime, the same by the that those responsible for 23-F were convicted.