What are they accused of?

Offences

• Rebellion

  This is based on a public uprising with violence to achieve the overthrow, suspension or amendment of the Constitution, dispossessing the King of all his functions or prerogatives. One of the seven aims given as a possible purpose of this crime is to proclaim the independence of part of Spanish national territory.

  Demand for sentences

  Between 15 and 25 years’ imprisonment for instigators, between 10 and 15 years for those with secondary decision-making responsibility and between 5 and 10 for mere participants without decision-making responsibility. It can lead to 30 years imprisonment if arms or violence against people are used, or if public money is used for its purposes.

• Sedition

  This penalises those who use force or illegal means to impede the application of the law through a disorderly public uprising. It also punishes those who prevent any authority complying with administrative or judicial decisions.

  Demand for sentences

  It establishes up to 15 years’ imprisonment as well as a ban on holding public office.

• Misuse of public funds

  This crime is committed when those who have powers to administer the assets of others use them for purposes which are not public, adversely affecting the assets managed.

  Demand for sentences

  Between two and six years’ imprisonment and a 9- or 10-year ban on holding public office. However, if there has been serious damage or obstruction to public service, the prison term can be as long as eight years, plus a ban on holding public office.

• Disobedience

  Failure to comply with an order issued by someone holding a position of authority over the recipient of such an order is always punishable, whether or not there is any tangible result.

  Demand for sentences

  A fine and a ban on holding public office lasting between six months and two years. This is the crime for which Mas, Ortega, Rigau and Homs were convicted for the non-binding referendum of 9 November 2014.

• Criminal conspiracy

  This is designed to fight criminality involving groups of people associating to commit serious illegality, for example terrorism or drug trafficking. The crime happens at the moment there is collaboration or participation, and it is not necessary for the illegal acts to be actually committed.

  Demand for sentences

  Between four and eight years’ imprisonment for the leaders and between two and five years for participants.