The Barcelona Court has sentenced two of the four accused of public disorder and imposed a sentence of one year and three and a half years in prison, respectively, for “disturbing the public peace” and cutting off the Round with “violence” de Dalt de Barcelona during the independence strike of November 8, 2017. The other two have been acquitted.
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According to the sentence, the two defendants cut off vehicle traffic on the Ronda de Dalt in Barcelona and had “verbal and gestural confrontations” with the drivers as well as “threatening attitudes”, one of them even hitting a motorist. The penalties imposed by the court are different because one of the two defendants (the one who did not hit the motorist) has received an aggravating circumstance of recidivism, as he already had another conviction for public disorder.
The proven facts of the sentence also include “shaking” of the cars “by the protesters”, without specifically mentioning the two convicts, who at the trial acknowledged that they participated in the protest but denied having committed any threat against the drivers.
The court specifically punishes the two convicts “taking refuge in the group” that cut off the Round to commit the crime of disorder. It is a form of the crime of disorder that was included after the reform of the Penal Code of the PP in 2015 and whose constitutionality has been questioned by several lawyers.
Section 21 of the Barcelona Provincial Court, which cites the Supreme Court’s ruling as the basic jurisprudence of its ruling, endorses the High Court’s proposals on the right to assembly and demonstration and concludes that the 8-N march does not it was “peaceful”, rather it was “a premeditated action to undermine public peace by cutting off communications.”
Although there were no damaged cars, the judges concluded that the two convicts “invaded the fundamental rights of other citizens”, specifically the free movement of drivers who were left in traffic for about four hours in the Ronda. According to the judges, if what the picket wanted was to inform the drivers of the strike “they would have let them pass once their demands had been explained.”
The sentence itself recognizes that after speaking with the mediation service of the Mossos, one of the defendants led to the opening of a lane for the circulation of cars, which in the judgment of the magistrates shows that the defendant alerted “peace at will public “. Neither does the court see the picket in freedom of assembly protected as it was an unreported demonstration.