The suspension of the Parliamentary position by application of article 384 bis of the Law of Criminal Procedure Commentary on Constitutional Court Judgment 171/2021, of October 7. Concerning the Appeal for legal protection num. 5382/2019. (BOE no. 268, of November 9, 2021)

Abstract

This Judgment comes to consolidate doctrine already established in previous Judgments, referring specifically to Judgments 71/1994 and 11/2020, regarding the application to parliamentary positions of the suspension measure contemplated in article 384 bis of the Law of Prosecution Criminal (LECrim) does not violate the rights recognized in article 23.2 CE. The sentence that could summarize the Judgment is that it would be unusual “for a person prosecuted for a crime of rebellion, and who is in a situation of rebellion for having evaded the action of Justice, while eluding the prison decision, could claim the exercise of public functions within the scope of jurisdiction of our Courts”. The clear conclusion is that "There is no reason whatsoever that justifies that those who are in the procedural situation contemplated in article 384 bis can exercise public functions". Seen in this way, article 384 bis is introducing a new negative requirement to be able to exercise the parliamentary function: not being in a situation of provisional prison for those crimes defined in the norm.