The , with a sentence already expired for beating a mosso d’esquadra in a protest against the Jusapol police union, concluding that, beyond “conjectures”, with its actions it did not seek the independence of Catalonia. in an order in which he rejects the young independence movement’s request for amnesty, a request that the Prosecutor’s Office did not oppose, concluding that “beyond mere suppositions or conjectures”, the facts included in the sentence in which was sentenced, criminal oblivion is not included within the framework of the law.
L and, therefore, in the period covered by the amnesty, in this case there is no evidence of “the concurrence of the tendency element” that the law of oblivion provides to include in the forgiveness the acts committed “with the intention of vindicating, promoting or seek” the independence of Catalonia. For practical purposes, the Court’s decision only means that Vivet will not be able to erase his criminal record for this conviction, since the court itself considers it extinguished because he reduced the initial sentence of five years in prison to one and a half years, and In addition, his imprisonment was suspended and he has already paid compensation to the injured agent.
Vivet’s case was especially relevant because it put the legal services of the Generalitat in the spotlight – both in the era of Quim Torra and Pere Aragonès -, which initially requested four years and nine months in prison against this young pro-independence supporter. The position of the lawyers of the Department of the Interior accusing Vivet aroused indignation in sectors of the independence movement, both in the time of the Government chaired by JxCat and of ERC. In fact, after his conviction, Vivet stood up to the Parliament and did not come to collect the Medal of Honor that was granted to him as a “victim of repression.” The events for which Vivet was convicted, and which the Court places outside the amnesty framework, occurred on November 29, 2018 in a protest against a demonstration by the Jusapol police association, in response to which the Mossos established a device to prevent the confluence of both marches.
Vivet hit one of the agents with a flag stick, about two meters long, for which he was initially sentenced in June 2021 to five years in prison for public disorder, attack on authority and minor injuries. However, the TSJC substantially reduced this sentence and finally imposed a year and a half in prison – so, since he had no criminal record, he was spared from serving the sentence in prison – for public disorder and injuries.
The Catalan high court reduced the initial sentence by concluding that the flag stick with which Vivet attacked the mosso d’esquadra did not constitute a dangerous instrument, which is why it considered that the initial sentence was “little respectful of the principle of proportionality.” The Generalitat, although it brought private prosecution and initially requested four years and nine months in prison for Vivet, also appealed the five-year sentence, considering it “disproportionate”, although the legal services of the Catalan administration ended up being removed from the procedure because moved He went to his own lawyer to ask that the sentence be upheld in its entirety.
Vivet was elected, in the 2023 municipal elections, as number 3 on the lists of Dolors Sabater (Gaunayem Badalona). Despite having been elected by this list of the anti-capitalist left, days later, the Electoral Board denied the councilor’s certificate since Vivet had a disqualification after the TSJC ruling.
