2024-10-09 10:03:00
The reform of the law on the exchange of information on criminal records, which would allow ETA sentences served in other countries to be counted in Spain, was approved unanimously by Congress. Now the Senate has postponed the debate on the bill until Monday 14 October.
Antena 3 Noticias host Vicente Vallés analyzes the difference between the former president’s law Mariano Rajoy and the one approved by the Government of Pedro Sanchez on ETA punishment. The minister’s spokeswoman, Pilar Alegría, assures in a press conference that the law approved now is exactly the same as the one approved by Rajoy.
“This text that will be approved in the Senate is literal, listen carefully, literal, the text that the government of Rajoy’s Popular Party approved in the Council of Ministers in 2014”, insisted the minister. However, Vallés assures that the literalness “is not real”. “Just compare the two texts to verify this“.
Article 14 of the law of the Rajoy government: “Legal effects of previous convictions on new criminal proceedings. Previous final convictions issued in other Member States against the same person for different facts will have, in the event of new criminal proceedings, the same legal effects that would have corresponded to that conviction. if it were been issued in Spain, provided that the following conditions are met…”.
Article 14 of the law of the Rajoy government: “Legal effects of previous convictions on new criminal proceedings. 1) Previous final convictions pronounced in other Member States against the same person for different facts will have, in the event of new criminal proceedings, the same legal effects as previous convictions. final decisions issued in Spain This equivalence of legal effects will apply in the phase prior to the criminal trial, during the trial itself and during the execution of the sentence imposed. 2) Resolutions of conviction issued in judicial proceedings in other Member States will have no effect on the final sentences previously issued in Spain or on the resolutions relating to their execution, nor will they cause their revocation or review by judges or courts. 3) The effects of the imposition of sanctions cannot be taken into consideration in criminal proceedings. those crimes committed in another Member State for which no final decision has been issued. 3) Offenses committed in another Member State cannot be taken into consideration for the purposes of imposing sanctions in a criminal trial conducted in Spain, when no final conviction has been issued for them. 4) Criminal records appearing in the Central Judgments Registry will be considered cancelled, even if they originate from sentences issued in other States, for the purposes of their consideration in Spain by judges and courts according to Spanish law. unless its annulment is previously communicated by the convicting State.”
Rajoy’s rule recognized in Article 14 that sentences pronounced in other European Union member states would have “the same legal effects in Spain”. And in the new standard that article is expanded. Furthermore, with an additional measure, Rajoy imposed a time limit to contain the effects of the law and prevent ETA members from leaving prison early. A single additional provision that is eliminated in the new law: “Therefore, the literalness that the Government assumes does not exist,” says Vallés.
“Additional single provision. Convictions prior to 15 August 2010. In no case may sentences pronounced by a court of a Member State of the European Union before 15 August 2010 be counted for the purposes of applying this law. 2010”, We read in Rajoy’s law, suppressed in Sánchez’s new law: “Twelve (bis) new ones. The only additional provision is deleted.”
The deadlines don’t match
Another “inaccuracy” – underlines Vicente Vallés – is when Minister Pilar Alegría refers to a report from the Council of State and like a journalist from the newspaper “El Español” asks about the lack of coincidence of the dates.
“The first thing we have is a report from the Council of State which unanimously approves this law,” says the minister. To which the journalist replies: “You cited a report from the Council of State dated December 2023 as approval, taking into account that the amendment is presented after the bill. I don’t understand how the Council of State can rule in favor of that amendment .”
The Council of State expressed a favorable opinion on the text approved by the Council of Ministers. That report is from December 2023, but the amendment remains a source of controversy, it was not approved until September 2024. Therefore the dates do not coincide and the Council of State was unable to approve the amendment in its report.
Furthermore, Antena 3 Noticias requested the report of the Council of State in Moncloa and the request was not fulfilled.
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