A police officer injured during a pro-protest wants to appeal to the Supreme Court against the amnesty granted by the Supreme Court of Catalonia (TSJC) to the demonstrator who injured him, with the understanding – unlike the magistrates – that the crime of injury is not covered by the law.
The Appellate Division of the Civil and Criminal Chamber of the Supreme Court of Catalonia (TSJC) This Tuesday, the amnesty was applied for the first time in Spain. Of the first 18 amnestied, 16 were young people convicted of rioting and attacking police officers during various demonstrations of the trial.
The law of criminal oblivion of the trial is intended to absolve all facts of the trial from criminal liability: the referendum costs, the police charges against 1-O and even the riots after the Supreme Court ruling. The law provides amnesty for all acts of disobedience, attacks on law enforcement officers or riots “of any kind.” And it also includes any injuries that were not serious, such as those suffered by police.
Despite the clarity of the rule, which applies to all convicted demonstrators, the officer's defense understands that the crime of wounding to which the young man was convicted should not be amnesty. This was claimed by the officer's defense, carried out by lawyer José Antonio Bitos, before the TSJC, and now wants to repeat it via appeal before the Supreme Court.
All this despite the fact that the TSJC, despite granting amnesty for the young man's sentence of three and a half years in prison, left the door open for the officer to claim through civil means the 76,000 euros in damages against which the demonstrator also was addressed. convicted, as allowed by the amnesty law. De Mosso wants to go further and ensure that the boy's criminal trail is not erased.
The young man, along with two demonstrators, was convicted of throwing stones at a Mossos d'Esquadra vehicle during a demonstration on the third anniversary of 1-O. Some criminal acts that, the TSJC emphasized, “naturally fit” into the amnesty law.
The protester was also convicted of 'running over and assaulting' police who tried to stop him after throwing stones. According to the verdict, the young man hit the police officer in the leg and dropped him to the ground, causing the uniformed man to break his ankle. The injuries inflicted on the officer were also amnesty for the TSJC as they occurred in ideal combination with the crime of assault on law enforcement officers for which was also amnestied, while the result of the injury also fits into the article of the standard that all includes malicious acts except those that cause organ loss or serious injury.