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The Prosecutor's Office Objects to Laura Borràs' Pardon: "No Signs of Remorse" Detected
The Prosecutor's Office of Catalonia is firmly against granting a pardon to former Catalan Parliament President Laura Borràs, either partial or complete. They argue that she has not shown even the slightest sign of regret after being convicted for power abuse in a corruption case. The prosecutor's report is unfavorable to Borràs' request, which claims her sentence is overly harsh. The prosecutor makes it clear that a pardon is not the appropriate method to claim violation of fundamental rights. Instead, Borràs should seek assistance from the Constitutional Court or the European Court of Human Rights.
Borràs was sentenced to four and a half years in prison, a 13-year disqualification, and a fine of 36,000 euros for falsifying official documents and administrative misconduct. During her time leading the Catalan Letters Institution, she subcontracted 18 minor contracts to an acquaintance, also convicted, totaling 335,700 euros between 2013 and 2017. This activity only ceased with the judicial investigation's commencement. The Prosecutor's Office does not view the imposed penalty as "disproportionate" to the nature of the offenses committed. They emphasize that Borràs, holding a position as a professor at the University of Barcelona, could potentially repeat misconduct involving power abuse, unjust decisions, document falsification, or defrauding the administration. Hence, the disqualification sentence is deemed inadequate to ensure the special preventive goals of the imposed penalties.
The High Court of Justice of Catalonia proposed a partial pardon for Borràs, reducing her prison time to a maximum of two and a half years, allowing her to avoid imprisonment. They acknowledged the sentence for document falsification was excessive for the committed acts, which typically entails at least a four and a half-year prison term.
The government now faces the decision of whether to grant Borràs, a leader in Junts, the partial pardon suggested by the TSJC or a complete one, requested by professor and former ILC dean Margarita Aritzeta. The argument is that Borràs has suffered from judicial, police, political, and media persecution (lawfare).
"She is neither reeducated nor rehabilitated," the prosecutor asserts. While emphasizing that sentences should aim at reintegration, they argue that Laura Borràs' behavior does not indicate any acceptance of her criminal actions or a determination not to reoffend. Borràs has consistently denied her responsibility, failed to acknowledge acting outside the law, and shown no sign of remorse. Instead, she frequently challenges the justice system's actions, openly claiming to be a victim of judicial persecution due to her political beliefs. Consequently, Borràs is not considered socially reeducated or rehabilitated, the report concludes, citing examples supporting this stance.
The Prosecutor's Office insists that Borràs' "criminal behavior" clearly warrants the penalties imposed, which have not yet fulfilled their general and special preventive purposes. Therefore, it is necessary for her to serve her full sentence to prevent further offenses and strengthen trust in the judicial system and the proper functioning of public institutions.
"Not a disproportionate sentence," the report states. According to the Prosecutor's Office, the sentence given to the former Parliament President is not "absolutely disproportionate" concerning the judged actions, nor are there "justice, equity, or public utility reasons" to justify the pardon.
In this regard, prosecutor Assumpta Pujol argues that the actions leading to Borràs' conviction stem from a power abuse attitude aimed at benefiting a friend at others' expense, fitting the "administrative corruption" concept. The prosecutor refers to various European and international agreements requiring Spain to intensify anti-corruption efforts and notes that since a European directive in 2017, only one partial pardon has been granted in the Gürtel case for active cooperation in clarifying the facts.
The report further emphasizes that the time elapsed between the crime's commission and the penalty's execution should not lead to Borràs' pardon. The delays are attributed to Borràs herself, due to her constant jurisdiction changes and causing the investigating judge to lose confidence in the Mossos investigating her after she claimed in an interview that the then Interior Minister kept her informed about the case.















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