The Prosecutor's Office decides not to appeal the acquittal of Trapero

Definitive victory for

Josep Lluís Trapero and the old Mossos dome at the National High Court.

The Prosecutor's Office will not appeal the sentence that acquitted those responsible for the Catalan police last week during the secessionist challenge of October 2017, as reported by the public prosecutor on Wednesday.

The court concluded, by two votes to one, that during the oral hearing it was not proven that none of the four defendants committed a crime of disobedience or sedition, for which up to 10 years in prison were requested.

"The Prosecutor's Office of the National High Court presented in its final conclusions a thesis that has not been assumed by the sentence," begins the statement from the Public Ministry, which has not even rushed to the end the period of 10 days it had to present its allegations .

“After a serene, weighted and rigorous study of the sentence and of his private opinion - issued by Judge Concepción Espejel and who was betting on convicting Trapero -, it has been decided not to appeal it due to the legal limitations that currently govern the appeal against acquittals and that lead us to understand the impossibility that it could prosper ”, he details.

The ruling handed down by the majority of the court was very strong.

Point by point, judges Ramón Sáez and Francisco Vieira discredited the account of the Civil Guard against the former leadership of the Mossos, the main support for the indictment of the public prosecutor's office.

The Court considered that Trapero acted during the

with the aim of “minimizing the damages” and governed by the principle of “proportionality”.

There is no evidence that the defendants tried to “prevent or hinder compliance with the resolutions of the Constitutional Court, the Superior Court of Justice of Catalonia or the Superior Prosecutor's Office of the community”, nor that they had agreed with those who led the independence process or that they had supported their actions by promoting the passivity of the autonomous police.

The Prosecutor's Office recognizes the “rigor and technical quality” of a sentence that also acquitted Trapero's two political superiors: César Puig, former Secretary General of the Interior of the Generalitat;

and Pere Soler, former director general of the Catalan Police;

as well as Teresa Laplana, responsible for the security operation in the Ministry of Economy during the record of September 20, 2017. “The court has assessed the tests carried out according to its conscience and the best of its knowledge and understanding.

And he has substantiated it in a clear and precise way ", admits the public prosecutor:" Which makes it difficult to review in a second instance ".

The public prosecutor bases its decision not to appeal, advanced by Cadena SER, on the fact that the Spanish “penal system” “does not contemplate” that a second court substitutes the assessment of the facts as proven by the first.

Therefore, the public accusation continues, the only possibility to succeed would be to try to annul the sentence so that "a new one is handed down, holding, or not, a new trial."

“And the holding of a new trial appears sterile.

Well, by practicing again what was already done in [the oral hearing] and not being able to provide new or different evidence, the ruling would be repeated and a new sentence would be issued in the same sense as the respondent ”.

“In addition, the prosperability of the appeal requires, in accordance with the Law, the presence in the sentence of illogical, arbitrary, unreasonable, absurd or incoherent reasoning.

Which, in the present case, has not occurred even though the solution is contrary to that defended by the public prosecutor during the hearing ", emphasizes the Prosecutor's Office, who believes that the possibilities of their appeal being considered" are, today in day, practically nil ”.