The Amnesty Law is still in the processing phase and already has its first beneficiaries. A court in Gerona yesterday agreed to postpone for one year the trial in which up to four years in prison and heavy compensation were requested from four accused of public disorder for interrupting railway traffic on the first anniversary of 1-O.
The request to suspend the trial due to the probable approval of a law that would direct the case to archive was presented by lawyer Benet Salellas, also a lawyer in relevant cases of the process such as the Democratic Tsunami.
The position of the parties regarding the request has revealed a first clash between the State Attorney’s Office – the legal arm of the Government – and the Prosecutor’s Office. While the Legal Profession supported the position of the accused, the Public Ministry opposed it. The decision of the lawyer from the Administration of Justice of Criminal Court number 2 was to postpone the oral hearing until November 2024.
In its writing, the State Attorney’s Office – which acts for damages to Renfe and Adif – supports the suspension “in response to the parliamentary processing of the aforementioned organic law, which if approved would imply the extinction of the criminal responsibility of the four accused and the completion of that. She also values ??the personal and material cost that the two days of trial would have.
On the other hand, the Prosecutor’s Office maintained that what is being processed in Congress “is not a law that is in force and applicable as of today, since it has not yet been approved or sanctioned. Only one bill has been submitted to Congress […] so there is still a long way to go before its effective entry into force.
To this he adds that “it is unknown at this time what the specific scope of application” of the law will be, so it cannot yet be determined “if the facts and crimes for which it has been opened can actually be understood as included in it.” oral trial.
In the case, four years in prison are requested from those accused for disorder, damage and injuries, in addition to a fine of 12,125 euros for each one. Also, that they compensate Renfe and Adif with just over 25,000 euros for damages and delays in circulation and another 1,050 for minor injuries to four security guards.
