As Santiago Abascal announced on Tuesday, Vox today filed its lawsuit against Pedro Sánchez in the Supreme Court.
The politicians against whom the Vox complaint is directed
In this complaint, which consists of 120 pages, Vox accuses Pedro Sánchez of a crime of conspiracy for rebellion and alternatively for sedition. The president of the government is not the only one against whom this judicial action is directed. The complaint also targets the parliamentary spokespersons for the PSOE and Unidas Podemos, the former Minister of Justice Juan Carlos Campos, a member of the PSOE and presented by the government as a candidate to be a magistrate of the Constitutional Court; the president of the separatist party ERC, Oriol Junqueras (one of those convicted of the 2017 separatist coup); and members of the "treason table", formed by the government de Sánchez and the Catalan separatist government.
A blow to dismantle the rule of law "step by step, screw by screw"
Santiago Abascal has indicated that in the text of the complaint "it is recounted in detail, providing numerous evidence, how this coup consists of dismantling step by step, screw by screw, all the tools that the State you have for your defense."
The president of Vox has clarified that we are not facing a coup "that dynamits the Constitution in an instant, but rather a sustained coup over time, which is taking unavoidable steps aimed not only at those convicted are illegally pardoned, not only to eliminate and reduce crimes to achieve a covert amnesty, but to facilitate the future commission of crimes and that the State has no defense when some declare independence or try to to repeal our Constitution in whole or in part."
Sánchez "has cheated the voters, has betrayed the Spanish"
Abascal has pointed out that "there is not a single Spaniard who believes Pedro Sánchez's arguments to repeal the crimes of sedition and rebellion, and reduce the embezzlement; there is not a single Spaniard, not even in the PSOE". Likewise, it has indicated that Sánchez "has defrauded the voters, has betrayed the Spanish people by agreeing with all the enemies of Spain, of coexistence and of the constitutional order", and in response to this, Abascal has announced that "Vox will be in the courts, on the streets as many times as necessary and in Parliament using all the tools at our disposal."
You can listen here to the press conference offered by the president of Vox, accompanied by leaders and supporters of that party, outside the doors of the Supreme Court:
The legal foundations of the Vox complaint
Regarding the legal basis of the complaint, Vox has advanced the details on its website. The complaint denounces "the commission of punishable preparatory acts for a crime of conspiracy of rebellion, (article 477 in relation to article 472 Penal Code -CP- and article 17 CP); punishable preparatory acts for a crime of sedition (article 548 CP in relation to article 544 CP and article 17 CP), alternatively, proposal to commit crime of rebellion, (article 477 and 548 CP in relation to article 18 CP); and in a subsidiary way, of a crime of sedition (article 548 of the Penal Code) in the form of attempt."
Likewise, Vox accuses the defendants of crimes of prevarication (article 404 CP) and embezzlement of public funds (article 432.1 CP). This last criminal type is precisely the one that the government of Pedro Sánchez and his partners approved to lower yesterday in a controversial session of Congress, by way of urgency and without requiring reports to the advisory bodies of the State.
Vox recalls that preparatory acts for a crime of rebellion or sedition are punishable
On the other hand, Vox explains that the acts for which the complaint is filed "are preparatory to committing a crime of rebellion or sedition". The third party with the most votes in Spain recalls that "as established by doctrine and jurisprudence, those of special gravity and danger are exceptionally punishable and will only be punished in relation to certain crimes expressly provided for in the Law. And precisely, within those contemplated is article 477 CP that refers to the crime of rebellion, and on which the VOX complaint is based."
In its lawsuit, Vox also points out that the acts for which the complaint is filed "are aimed at the territorial rupture and separation of Catalonia from the rest of Spain, and the subversion of our constitutional system ", which is "the legal right protected by the criminal offense of rebellion, and where appropriate, sedition, since it cannot be ruled out in light of what was experienced in 2017, the possibility that in case of repeating it, the typical elements necessary for a commission of the type are present, taking into account the purpose and use of the financing of the separatist groups (including to obtain weapons) that is still being investigated and pending to know the scope of it."
Vox points out that the defendants seek to "change the Constitution and the democratic system"
Vox asks the Supreme Court "that the acts be analyzed from a joint perspective since all the acts carried out, even if not separately, could hardly appreciate their criminal reproach, the iter of their execution reveals the obvious teleological intent underlying this request beyond mere hint, even."
Vox warns that the defendants "are well aware of and take advantage of the important limitations that their analysis from the criminal sphere establishes on political acts or parliamentary initiatives". However, "political participation and the exercise of the powers held by the executive power cannot cover actions that, all connected, have the purpose of changing the Constitution and the democratic system established in it, by means of modification other than those established in the Law of Laws itself". Vox also affirms that "the defendants are aware that the indissoluble unity of the Homeland is the very foundation of the Constitution, in such a way that national unity becomes, constitutionally, an insurmountable limit, even for a legal procedure of constitutional reform."
It asks the Supreme Court to interrogate the defendants
In its complaint, Vox asks the Supreme Court to "interrogate the defendants; that the documents that VOX has provided along with the complaint be added to the proceedings; the request to Congress of all the files of legislative processing that the formation indicates in its letter; verification of the veracity of the links and documents that Castro adds in the letter", referring to Marta Castro, national legal deputy secretary of Vox.
Likewise, this party requests "that the Congressional Board certify the status of Deputies of the defendants as well as the status of signatories of the proposed Organic Law transposing European directives and other provisions for the adaptation of criminal legislation to the European Union legal system, and reform of crimes against moral integrity, public disorder and dual-use weapons smuggling", which was the legislative initiative in which the government slipped the repeal of the crime of sedition and the reduction of sentences for the crime of embezzlement, in addition to his assault on judicial independence. Vox also requests from the court its complete file of the Congress and the Senate and the minutes of all the dialogue tables held between the Sánchez government and the separatist government of Catalonia.
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