The Supreme Court has addressed Meritxell Batet, president of Congress, to recall that Alberto Rodríguez has been sentenced to prison and disqualification from passive suffrage, although the former has been replaced by a fine. The criminal chamber chaired by Manuel Marchena has thus responded to the request for clarification of the president of the lower house pointing out that the deputy of United We can leave his record: a prison sentence implies that he is considered ineligible even if the Supreme Court does not He says it explicitly in his writing.
The Supreme Court demands that Congress Alberto Rodríguez serve his disqualification sentence
After explaining that the Supreme Court cannot clarify its sentences except at the request of the parties, the judges explain that Rodríguez’s 45-day prison sentence has been replaced by a fine, but only for the purpose of his execution. “The prison sentence is the punitive outcome associated with the conduct that is declared proven, without prejudice to the fact that for the purposes of its replacement – and only for these exclusive purposes – its replacement by a fine penalty has been agreed,” says the writing sent to Congress through the presidency of the Supreme Court.
It is the last chapter in the crossing of letters between the Congress of Deputies and the criminal chamber of the Supreme Court as a result of the conviction of Alberto Rodríguez. The United Podemos parliamentarian was sentenced to pay a fine of 540 euros and compensate a National Police agent for kicking him in a demonstration in La Laguna in 2014. His sentence was a month and a half in prison but the Penal Code requires him to automatically substitute a fine for those sentences. What was not replaced was his conviction of disqualification from passive suffrage, that is, the right to stand in elections.
The sentence reached Congress and the lawyers wrote in a report that, in their opinion, Rodríguez you do not have to leave your certificate. The LOREG declares ineligible whoever is sentenced to jail or disqualification from exercising public office, and the Supreme Court has said in several sentences that this ineligibility can be considered supervening. The lawyers of the chamber consider that his jail sentence does not have that effect because it was replaced by a fine and that his disqualification sentence prevents him from running for elections in a month and a half but not retaining the position he already has.
It was the Supreme Court’s criminal chamber that addressed Batet by letter asking for information on when Rodríguez began to serve his disqualification sentence, considering sources from the agency that he must leave his seat. The response of the Bureau of Congress was ask for more information to the Supreme Court on the consequences of his conviction.