Not rebellion or sedition. Within a few days, the separatist leaders who were tried in the Supreme Court presented their writings of defense, in which they denied having committed these crimes in the most intense phase of the trial, 120 professors and professors of law of the whole State signed a Manifesto , published on Eldiario.es, which oppose the thesis of the Public Prosecutor's Office and the State Attorney. They warn against the "trivialization" of "virtually unpublished" crimes in democracy and with a history of sad memories ", referring to the attempted coup d'etat by Colonel Antonio Tejero on 23-F.
The main amendment made by academics is that the prosecutor claims that the promoters of independence used violence to achieve their goal. In the text, entitled "The trivialization of the crimes of rebels and sedition", they criticize the Prosecutor's Office for their "stubbornness of how to establish the existence of violence in the process". The fan of the manifesto, the professor of criminal law at the University of Jaén Guillermo Portilla, assures the ARA that the only violence that has occurred has been the "absolute disproportion" in the action of the National Police and the Guardia Civil during the referendum.
As explained, this thesis is shared by more than 200 legal professionals who signed a first manifesto in October 2017, in which they rejected the accusations against the exconsellers and leaders of ANC and Ònum. But not everyone wanted to add to this second text because they have "doubts" with sedition. "At no time was any indication that the investigators induced, caused or triggered a tumultuous uprising to avoid compliance with the law," the lawyers said. In this regard, Portilla recalls that the Attorney General's Office recognizes that Jordi Sánchez and Jordi Cuixart, at the meeting on September 20 in front of the Ministry of Economics, have prepared a corridor with ANC volunteers for facilitate access and exit the building
The professor admits the complexity in relation to the sedition and considers "the barbarism" the pains that this crime involves, which is part of the field of public disorders. Let's take as an example the concentrations to avoid the eviction, which, according to how the "tumult" that prevents the wording of article 544 of the penal code, could be considered seditious. That's why he thinks that we need to reflect on the "development" of this crime.
Fundamental rights, in danger
After analyzing the legal 1-O and 20-S relationship, the academics conclude that for the prosecutor's office "the danger derives from inciting the mobilization, which makes the exercise of the crime a crime. fundamental rights". Portilla complains that the public ministry speaks of "hostile concentrations" and guarantees that this qualification "legally non-existent". The expert also points out that in recent years there have been more judgments in the provincial courts, but also in the higher authorities, which attribute fundamental rights to the slots or the organization of pickets in the strikes.
Nicolas García, professor of criminal law at the University of Castilla-La Mancha, underlines the "relevance" that this number of jurists express in this regard, since in general the State "gets tired of it" when the rebellion in the trial is denied. Despite the few hopes that his criteria will become the majority, they also take a step forward in demanding the freedom of political prisoners.