Legal pardon for acts of the Catalan independence process

Automatic summary, not yet reviewed

1. The law grants amnesty for acts that are crimes or lead to administrative or accounting liability, linked to the votes held on November 9, 2014 and October 1, 2017 or to the Catalan independence process, carried out between November 1, 2011 and November 13, 2023.
2. Serious crimes against people, torture, terrorism involving serious human rights violations, hate crimes, crimes affecting the European Union's financial interests, treason involving actual use of force, and crimes against the international community are excluded from the amnesty.
3. The amnesty extinguishes criminal, administrative and accounting liability: it means release from prison, the end of sentences and precautionary measures, the erasure of criminal records, and the closing of administrative and accounting proceedings.
4. Public employees who were sanctioned or convicted recover their rights and their position if they were dismissed, though they will not be paid for the time they did not work. The amnesty does not entitle anyone to compensation, and only fines under the citizen security law can be refunded, except for very serious ones.
5. Courts, the Administration and the Court of Accounts apply the amnesty on their own initiative or at the request of a party, with priority and urgent handling and a maximum of two months to decide. Those affected have five years to request it, and appeals are allowed against the decisions.
6. The law amends the Criminal Code to include amnesty as a ground for extinguishing criminal liability and adapts the Court of Accounts law. It enters into force on the day of its publication in the official state gazette (BOE).

Who it affects

• People under investigation, charged or convicted for acts linked to the Catalan independence process: Their criminal, administrative or accounting liability is extinguished and they are released from prison or precautionary measures.
• Public employees sanctioned or convicted for these acts: They rejoin their corps and recover their rights, without pay for the time not worked.
• Courts, the Administration and the Court of Accounts: They must apply the amnesty on their own initiative or at a party's request, with priority and urgent handling, within a maximum of two months.
• Victims of harm caused by private individuals: They keep the right to claim civil liability, which the amnesty does not remove.

Words worth knowing

Amnistía (amnesty)

A law that pardons specific acts and removes their criminal, administrative or accounting liability.

Medida cautelar (precautionary measure)

A provisional court decision to prevent risks during a case, such as pretrial detention.

Sobreseimiento libre (full dismissal)

The final closing of a criminal case because there are no grounds to continue.

Responsabilidad contable (accounting liability)

The duty to return mismanaged public money, judged by the Court of Accounts (Tribunal de Cuentas).

Resolución firme (final decision)

A court or administrative decision that can no longer be appealed.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries