The Madrid Court summons 10 of Blanquerna’s assailants to enter prison

Section 30 of the Provincial Court of Madrid has required 10 of those convicted of the assault on the Blanquerna cultural center, in Madrid, on September 11, 2013, so that the next days 25 and 29 pick up in person the order of voluntary admission to prison. The request comes after the Constitutional Court has rejected his second appeals for amparo, the filing of which was what led to the suspension of the execution of his sentence last April. Once the commandment has been collected, They will have 10 days to enter the penitentiary that they choose, informs the Superior Court of Justice.

The Supreme Court sentenced the 14 assailants to terms of between 2 years and 7 months and 2 years and 9 months in prison for a crime of public disorder in ideal competition with a crime against the right of assembly. The Supreme Court issued this resolution to comply with the Constitutional ruling of January 2020, which had partially agreed with several of the defendants against the first ruling of the high court, by which it was obliged to withdraw the aggravating factor of ideological discrimination and the aggravated subtype of the crime of damage to property for public use, with which the penalty originally imposed by the Madrid court had increased to four years in prison.

Pending pardon

Section 30 has also sent an official letter to the Supreme Court to inform it of the status of the report on the petition for pardon of two other of the condemned. The request for the grace measure is the reason for which the execution of his sentence was suspended in a precautionary manner. In fact there is the possibility that the 10 required now request the measure of grace and in this way to delay his entry into prison again.

In addition, one of the convicts who was in search and capture was arrested and is already serving his sentence at the Victoria Kent social insertion center, while the other remains unaccounted for.

Elevate sentences

The Supreme Court must report on the pardon because it aggravated the sentences of the Court. In its second resolution, the high court partially upheld the appeals of the Prosecutor’s Office and the Generalitat against the sentence handed down on February 19, 2016 by the Madrid Provincial Court, which had only sentenced the accused to sentences of between 6 months and 8 months in prison for a crime of disorder, with the mitigation of repairing the damage, and fines of between 1,800 and 2,400 euros for a crime of damage. Upon reviewing it in cassation, the Supreme Court raised this sentence with the application of aggravating factors, later withdrawn by the Constitutional Court as they were considered a violation of the rights of those convicted for having been heard

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The Supreme Court, in its final judgment, considers that the actions of the Blanquerna assailants constituted a crime of public disorder in competition with another against the right of assembly, but without the mitigation of reparation of the damage that the Madrid Court saw, inasmuch as it is a crime without a specific victim. This meant raising the sentences to 2 years and 7 months in prison for 12 of the accused; 2 years and 9 months in prison for Juan Luis López García (for having played a leading role in the events), and 2 years and 8 months for Jesús Fernando Fernández Gil, for being the one who led the illegal action.

For the crime of damages, the fines set by the Madrid Court are maintained, because the Constitutional Court annulled the aggravation established in the annulled judgment of cassation and its effects must be extended to all those convicted, regardless of whether or not they resorted to amparo. .