The Supreme Court refuses to suspend the sentence of Alberto Rodríguez

The Supreme Court upholds the conviction of Alberto Rodriguez. The criminal chamber has rejected the request of the defense of the former United We can deputy to suspend the execution of his sentence, which, among other things, has resulted in the loss of his seat in Congress. The judges argue that “the extra-criminal consequences do not have their cause in the execution of the sentence, but in the pronouncement of the sentence.”

Alberto Rodríguez maintains the fight for his seat

Alberto Rodríguez maintains the fight for his seat

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The former United Podemos parliamentarian, now out of politics, was sentenced 45 days in prison and disqualification from passive suffrage after the Supreme Court declared proven that he kicked a national policeman in a demonstration in La Laguna in 2014. The prison sentence was replaced by a fine in addition to compensation and after several days Congress chose for withdrawing the minutes.

Rodríguez had asked the chamber presided over by Manuel Marchena to paralyze the execution of his sentence so that he would not have to leave the lower house until the courts clarified his prison sentence replaced by a fine and disqualification forced him to leave his seat. They also asked that he address the President of Congress, Meritxell Batet. His defense understands that his prison sentence was replaced by a fine and that his disqualification prevents him from running for elections and that, therefore, the requirements required by the Electoral Law to understand that he has incurred in supervening ineligibility are not met.

The Supreme Court explains that the execution of his sentence has nothing to do with the withdrawal of the minutes. The judges say that the sentence “must be considered executed” because the fine has been paid. Regarding the disqualification penalty, “it is pending the corresponding settlement of the sentence” and the agent is pending to effectively collect the compensation. When all this is settled, says the Supreme Court, “we will proceed to file the execution.”

The Marchena room recalls that “it does not correspond to this Court urge or issue warnings to other institutions or organs of the State – as expressly requested in the submitted brief – about the way in which they should apply the laws in their respective areas of competence. “Therefore, he closes the door to address Batet and recalls that the acts of the presidency of the chamber “cannot be appealed before this Chamber, which lacks the powers to proceed with their review.”

The judges also refuse to make a similar decision when studying the nullity incident who has also presented Rodríguez’s defense. The brief affirms that “it would not be appropriate to examine the request for suspension in the framework of an incident of annulment that, at the time the request was made, had not been raised.”

Steps prior to the Constitutional

Since the declaration of firmness of his sentence, Alberto Rodríguez has changed the legal strategy initially directed against Meritxell Batet and has taken the path of the Constitutional Court and even of the European Justice. Once the option to sue the president of Congress was rejected, Rodríguez changed lawyers and presented both this petition for suspension and the annulment incident that still has to be resolved by the court.

The next step, if the nullity incident is dismissed, will be to go to the Constitutional Court. From the outset, the former United Podemos parliamentarian has made it clear that he will take his case to the European Court of Human Rights in Strasbourg if necessary, although for that you will have to exhaust all the possibilities offered by the Spanish Justice. This Sunday, Rodríguez gave an interview to the ‘Saved’ program of La Sexta in which he charged harshly against both Batet and the PSOE.


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