The Audience of Barcelona has endorsed the Generalitat's decision to grant the open regime to Oriol Pujol
, classification that the judge of prison supervision had revoked, after what the Department of the Interior granted him a permit to leave the prison daily to work.
In a car, to which Efe has had access, the 21st section of the Audiencia de Barcelona estimates the resource presented by the defense of Oriol Pujol and recalls that, despite the "seriousness" of crime who committed, justice should not seek "social revenge, nor the conversion of offenders in flags and symbols," but social reintegration.
Seven years since Oriol Pujol committed the events for which he was convicted
The decision of the Generalitat to grant the regime opened to Oriol Pujol last March, two months after entering the prison to serve a two and a half year prison sentence for charging commissions in the ITV case, was appealed by the Office of the Prosecutor, after which the judge of the prison supervision revoked it.
Later, last May, the Department of Justice applied to Oriol Pujol an article of the prison regulations that protect the flexibilization of the ordinary regime, which allowed him to leave the prison daily to work and do voluntary social activities.
In practice, this permit involves only differences with respect to the third degree, although with the open regime Oriol Pujol should only go to sleep in the prison from Monday to Friday, not on weekends like now.
In his car, the Court recalls that seven years have passed since Oriol Pujol committed the acts for which he was convicted, that he paid the fine of 76,000 euros imposed on him and that he has continued in prison treatments for the prevention of crimes of influence peddling or bribery.
According to the room, Pujol has "internalized pro-social values"
According to the room, Oriol Pujol, the only son of the former president of the Generalitat who devoted himself to politics, has "internalized pro-social values" and, in addition to recognizing the facts and showing "repentance", has "personal capacity and external support" in order to avoid a recidivism in this type of criminal behavior ".
For the courtroom, the criminal acts of economic plunder and corruption "undoubtedly have an incredible destructive power not only for such institutions but mainly for the general social organization, since they undermine the confidence of citizens in the probity of such an organization and generate so much outrage. as suspicion of the future about the operation of such institutions and their own need or convenience ".
In addition, the court reasons, "in a context of economic crisis in which many citizens are pushed into the most basic struggle for survival when it comes to getting and maintaining a sufficient roof and food for themselves and their families the situation becomes even more dramatic and even insulting. "
However, despite the "undoubted seriousness" of the acts committed, adds the court, the penalties imposed by the State must be subject to the purposes set by the Constitution and seek the "return" of the condemned to society "in conditions that make it suitable for coexistence and respect for basic standards. "
"Social revenge is not sought, nor the conversion of offenders into flags or symbols, but the correction of the factors that at one time led or could lead to criminal commission (factors that in many cases are not merely individual but also social , of environment or social climate) to avoid the future repetition of such behaviors ", adds the court.
With the personal data on the evolution of the prisoner on the table, ditch the room, there are no "objective variables" to sustain that the second penitentiary degree must be maintained "for the success of the treatment".