The Crimes of Sedition and Rebellion in the Judgment 459/2019 by the Spanish Tribunal Supremo in the So-Called Catalan Independence Process
The Spanish Tribunal Supremo has recently issued the awaited conviction verdict for the events occurred in fall 2017, leading to the charges of sedition brought against nine Catalunya independentist politicians. While the Court reasoning seems acceptable with respect to the crime of rebellion, where the defendants were acquitted, the same cannot be said about the offence of sedition. In order to explain the above conclusion, it is worth analysing the main complex arguments used by the Court and the structure of the crimes at issue. In particular, it must be addressed the question on the grounds to convict of sedition those who organize non-violent protests of collective resistance. To the latter respect the key-point is the ambiguous conduct of “alzamiento pùblico y tumultuario”, i.e. the hard core of the crime of sedition.