The Criminal Chamber of the Supreme Court (TS) has agreed to declare extinct the criminal responsibility of the former deputy of United We Can Alberto Rodríguez since he has paid the fine contemplated in the conviction and since he has served the term of one month and fifteen days of special disqualification for the right of passive suffrage.
In a car, collected by Europa Press and dated January 24, the Criminal Chamber indicates that compliance with the disqualification began on October 22, 2021, a date that coincides with the day on which the president of the Congress, Meritxell Batet, decided to execute the sentence of the Supreme Court and notify the deputy of the loss of his seat. The date of compliance with the disqualification ended on December 5.
According to the rapporteur magistrate Miguel Colmenero, article 130.1 of the Criminal Code establishes that criminal responsibility is extinguished by serving the sentence, something that occurs in this specific case because Rodríguez paid the fine of 540 in October and has served the sentence special disqualification.
Sources of the Supreme clarify to Europa Press that this order does not mean that the consequences that his sentence has had in the parliamentary sphere are extinguished. It should be remembered that Rodríguez lost his seat.
In this same resolution it is indicated that the extinction of the responsibility must be communicated to the Central Registry of Prisoners and Rebels through the Judicial Neutral Point. They emphasize that this decision is not final and there is an appeal against it within three days.
TO THE CONSTITUTIONAL
It should be remembered that the Supreme Court sentenced Rodríguez on October 6 to a prison sentence of one month and fifteen days as the author of a crime of attacking an agent of the authority in a demonstration in 2014 with the highly qualified mitigating factor of undue delay.
The sentence entailed the accessory of special disqualification for the right to passive suffrage during the time of the sentence. In the ruling, the High Court, however, decided to replace the prison sentence with a fine of 90 days with a daily fee of 6 euros (in total, 540 euros).
After knowing the sentence, the Criminal Chamber sent it to Batet and the Central Electoral Board (JEC) for their information and for the appropriate purposes. Thus, the president of Congress, on October 22, decided to execute the sentence and personally contacted Rodríguez to transfer the official letter of the president of the Supreme Court, Carlos Lesmes, by which the sentence of the Second Chamber was transferred. , which entails the loss of his status as deputy, and of the order by which his execution is ordered.
After exhausting the procedural avenues in the Supreme Court, including an appeal, Rodríguez’s defense has started the path before the Constitutional Court where he has already presented a first appeal for protection against Batet’s decision to deprive him of his seat in an “irresponsible” way. consequence of the execution of the sentence of the Supreme Court. He described the decision as “unilateral, unfounded and arbitrary”.