ERC confirmed this Wednesday the script on embezzlement advanced by Pedro Sánchez in the official celebrations of the Constitution. The Republicans will present this Friday at the Congress the amendment -the content was not specified- to reform this crime within the modification of the penal code to repeal sedition. A new pro-independence demand placed on the bilateral negotiating table assumed by the Government.
Despite the discomfort that it generates in the PSOE, including the doubts that it raises among the governance partners, the Prime Minister accelerates the most controversial legislative agenda to clear the horizon, before the end of the year, of the issues that can generate wear and tear.
So, trust in the Moncloathey can start 2023 riding on good prospects: inflation containment, moderate rise in the GDPincrease in SMI and extension of anti-crisis social measures -battery to curb food prices, as a novel element-. And for that, Sánchez wants to remove stones from the path, such as embezzlement, that could cause stumbling blocks or noise to start the new year already in electoral mode.
Moncloa thus precipitates its dejudicialization commitments with ERC. The negotiation was put together after the crisis of the by chance Pegasus, the espionage by the State on pro-independence leaders. Although the Executive denied any negotiation, this has been permanent, a fine job of months, say government sources. Being discreet was the maxim that ERC always defended in this matter, hence the wings that Pedro Sánchez has always left publicly, in a premeditated and studied way, were surprising.
The process that will now be finalized gained speed with the meeting of the dialogue table on July 27, after which it was established that there must be progress, they must be specified in legislative, normative, regulatory reforms or of any other nature to overcome the judicialization and its effects. That is to say, the reform of crimes such as sedition or embezzlement.
“Hard to explain”
In La Moncloa they were clear that the repeal of sedition was a purpose that they could lead, taking refuge in the Europeanization of crime, the homogenization with other countries. But the embezzlement reform was more delicate: PSOE officials and leaders find it difficult to explain. For this reason, although ERC wanted Moncloa to promote both reforms, from the Executive the embezzlement was subordinated to the fact that it was a parliamentary initiative of ERC. A pretext for the government. The independentistas demanded guarantees that it would go ahead, that they would not be left exposed and abandoned. One presented, another guaranteed, as long as it was delimited, the supports.
The favorable scenario for the Government was that the initiative had the endorsement of other forces of the governance bloc. But that plan was cut short. EH Bildu, PNV, Ms Pas, Comproms… showed their public doubts about the reform. Unidas Podemos is also reluctant, because its speech against corruption is at stake. This brake froze the initiative for a few days, to the point that the secessionists thought of approving the sedition and leaving the embezzlement reform for another initiative with its own entity for later. But the machinery was already activated in La Moncloa, immersed in the work and studies to find out how to approach a perimeter, delimited reform that would not provoke an open bar of appeals in sound cases of corruption in Spain.
As proof that everything was launched, PSOE ministers have been immersed in a pedagogical process for days to minimize wear and tear, insisting that there will be no benefit for those convicted of corruption; that there will be no setback in the fight against corruption. This is due to the fear in the party of losing the banner of the fight against corruption that legitimized the motion of no confidence against Rajoy.
Sánchez’s words at the celebration of the Constitution, pushing ERC to present the amendment, allow the process to be completed, in the absence of knowing how it will be legally assembled. It is expected to rectify the measures approved by the Rajoy government in 2015, in response, in part, to the 2014 sovereign referendum. That reform broadened the criminal type to include conduct typical of misappropriation and unfair administration. Until then, embezzlement required that the embezzled public money be used for personal gain or that of third parties. At that point it will return: serious penalties will be reserved for cases of personal gain. It was not the case with the leaders of the processesbut neither of If Grinwhose situation, condemned and awaiting pardon, is another added polemic.
It is certain that at least 24 pro-independence politicians currently being investigated, prosecuted or sentenced for this unlawful criminal offense because of 1-O will benefit, among them Carlos Puigdemont, Oriol Junqueras and the rest of the courts judged by the Supreme Court. They are joined by the president of ERC in Parliament and former general secretary of the Vice-presidency and Economy of the Generalitat, Joseph Maria Jovand also a congressman and former Secretary of the Treasury, Llus Salvadto which the Superior Court of Justice of Catalonia (TSJC) has sent to trial, for embezzlement, prevarication and serious disobedience for 1-O.
Although the reform has tried to keep as far away from the local and regional elections in May, the first of a year that will end with generals, the malaise is loud among the social barons, who were silent yesterday. None of the nine in charge of executives ruled this Wednesday on the reform of the crime of embezzlement, not even Emiliano García-Page (Castilla la Mancha) and Javier Lambn (Arachn), very critical of the repeal of sedition. Those who expressed their opposition were the leaders in Madrid y Castile and León.
according to Juan Lobato, the corrupt cannot be applied one day less in prison, neither to the corrupt of the PP of Madrid, nor to those of the PSOE, nor to the Catalans, while Luis Tudanca assured that he does not like the possibility that they reduce the penalties Also the second vice president, Yolanda Diaz, and Podemos tried to move away from embezzlement reform. The formation address He considers it a delicate matter.
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