The Laws of the Congress of the Deputies have determined that Deputy Alberto Rodríguez can maintain his act and continue on his seat despite having been convicted, by an aggression against a policeman, a prison sentence, which according to the Electoral Law is
cause of overturning inelegibility and makes lost parliamentarian condition.
But the lawyers consider that the replacement of the penalty for a fine makes it really no such grief and, Rodríguez can continue on his seat.
The report, whose content has known the world, emphasizes that “prison sentence has been replaced by the penalty of fine” and that the key is to determine if the substitution alters the nature of the penalty.
At this point they conclude that yes.
The Supreme Court condemned Rodríguez to a one-month sentence and 15 days in prison for a crime of attack against agents of authority when considering proven that paid a policeman.
And it replaced it for a fine of 540 euros.
The document of the lawyers ensures that the fine “is already a form of replacement of the penalty, but of application of it”, so that by when it proceeded to apply the electoral law – or, now -, no longer operates the
Article 6.2 of the Standard, which establishes that those condemned to deprivation of liberty lose the status of deputies.
In fact, for the lawyers the condition of the deprivation of freedom “has not come to be born at any time.”
That is the summary of his argument.
“If they have been” the prison sentence, he would have been included in the sentence expressly.
That is, the Supreme Court may have imposed a criticule of freedom but did not, precisely because it changed it by a sanction, argue the lawyers.
One of the fundamental arguments is that of proportionality.
So the report concludes that “an analysis of the applicable regulations, there is no place” Remove the Act to Alberto Rodríguez because “no extravinal consequence” can not be derived. ”
That is, “it does not grant the inelegation overtaken” that stipulates the electoral law, nor the strictest application of the Congress Regulation.
This Tuesday, the Congress table, which presides by Meritxell Batet, must decide on the basis of this report, and it is discounted that most PSOE and united can vote in favor of paying attention to the Laws and, therefore, Rodríguez will continue
of deputy
And all this without the Electoral Board has discussed the matter, because Congress has not asked him to do so.
Sources of the Agency that interprets the Electoral Law ensure that there is debate within the Agency, since some members are betting on a rigorist interpretation of the norm and others, for making an exception at proportionality.
In an earlier case, that of Francesc Homs, the magistrate sent the communication from the sentence and the Table of the Congress, then chaired by Ana Pastor, sent it to the Electoral Board, which communicated to the Chamber of the Deputy of the following
from the list, directly.
