The Prosecutor’S Office Will Appeal Against The “Trial” Of Level 3 Prisoners, But It Is Assumed That They Will Run In A Semi Free State.

2021-01-29   |   by CusiGO

The office of the prosecutor will appeal again against prisoners at the third level trial, but sources at the office believe that oriol junkeras and other independent leaders will enjoy semi freedom throughout or most of the campaign. As soon as the third level is approved, the prisoners will begin to enjoy it in the next few hours. They will retain the decision, at least until the prosecutor’s office submits it to the prison supervision court, which will present it as early as early or mid next week.

According to the judicial organization law, if the prosecutor appeals against the level of the sentenced person “on appeal”, if there are two conditions, that is, the decision of appeal involves the “release” of the sentenced person and the criminal offence, the appeal will have the “suspension effect and prevent the release of the sentenced person” Graves. However, the first appeal to be filed by the office of the prosecutor is not an appeal, but an appeal (a challenge to an administrative act, which in this case is half freedom). There are legal differences as to whether this challenge has also suspended the application of the measure. In the first third grade course given to independent leaders, the differences in these criteria were reflected in the suspension of semi freedom by judges studying the case of seven male prisoners in ledona prison immediately after the office of the prosecutor challenged the government’s decision. When the court examined the situation of two female prisoners held in another prison, she was detained.

If both courts now insist, oriol junkeras and six other lledoners prisoners will have to return to second grade when the prosecutor’s office files its first appeal, but the prosecutor’s office cannot challenge the measure until they are informed by the government, which did not do so on Thursday. Prosecutors said they would try to appeal to the prison supervision court within 24 or 48 hours of the Catalan government’s written notice. If the judge announces three levels of probation, the prisoner will lose half freedom in the election campaign.

If the court does not suspend the government’s decision on appeal this time, independent leaders will continue at least three levels until the supervising judge decides whether they confirm or revoke semi freedom. Last summer, the relevant courts approved the measure, but now the ruling of the Supreme Court declaring the measure invalid on December 4 will be on the table, so they must analyze the court’s arguments to determine whether there is room to maintain their judgment. If they appeal again to the attorney general, the prosecutor’s office will appeal to the Supreme Court, and such an appeal almost always means that the prisoner returns to the second level. Although there is no agreement on this, the judges who examined the cases of dolos Bassa and carmeforcade last summer allowed them to remain semi free until the high court ruled.

Sources in the prosecutor’s office condemned the government’s actions Thursday, saying it was “close” to prevarication. According to the source, if the government allowed prisoners to participate in the semi free election campaign, the government might “transfer power.”. The office of the prosecutor does not intend to take action against the government of Catalonia at this time, although the source of the consultation indicated that the level of participation in the campaign could be reviewed on the basis of resources.

These sources yesterday accused the Supreme Court of failing to agree to the Supreme Court’s request to apply Article 36 (2) of the criminal code to prisoners when it delivered its trial judgment, which provides that if the sentence exceeds five years, the court can veto the right to a third level without at least complying with the third level. Half the time. “They are asked to avoid what is happening now,” a high court prosecutor warned.

However, the source of the Supreme Court insisted that there was no reason to take such a measure. According to these sources, if the government decides to let prisoners run on the streets, it will achieve this goal in one way or another, either by granting third grade or prison permits to which prisoners are already entitled. These sources point out that if semi freedom is eventually overthrown, it will bring more “victims”.

Most of the arguments underlying the Supreme Court’s decision to overturn level III prisoners are still valid today, so the criminal chamber is not expected to change its judgment if the semi freedom of the independent leader is again on the table. The government official argued that more than six months had passed since she approved the last degree change and that the situation had changed. However, just a month and a half ago (December 4), the high court quashed semi freedom and adjusted most of its arguments.

The judges then said it was “too early” to move up to the third grade, because no one served half of the sentence and only four served a quarter. A month and a half later, six people have passed the line, while the other three (Raul Romera, Doros Barca and Jodi Toulour) will pass in the next few weeks. However, this was only the first deadline on the supreme court calendar to consider a degree change, but the ruling did not indicate that the court would relax after serving a quarter of its sentence. On the contrary: when you think about your former semi freedom, They did not distinguish between prisoners who had served a quarter of their sentences and those who had not, and the severe punishment of independent leaders (nine to 13 years in prison) required “enhanced grounds” to be given a third level that the Supreme Court did not consider to have been given in these cases.

The judges also accused the government of linking the incarceration of independent leaders to their political thinking, thereby justifying the granting of semi freedom. The Supreme Court pointed out that “the prison administration can not overturn the criminal response announced by the court”, and accused the Catalan prison administration of giving “privileged treatment” to trial prisoners.