What happens if they do not cease their functions?

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On 28 October 2017, Catalonia unilaterally declared its independence. The Senate voted on the application of Article 155 of the Constitution and it was ratified by the Government in an extraordinary Council of Ministers.

As we saw in the post “ What is Article 155 of the Constitution? ”, the measures of this precept affect the Catalan Government, Parliament and Administration and among them is the dismissal of the President of the Generalitat, the Vice President and the Councillors who make up the Governing Council of the Generalitat of Catalonia.

This is stated in Royal Decree 942/2017, of October 27 , which provides: " the dismissal sweden email database of Mr. President of the Generalitat of Catalonia, Mr. Carles Puigdemont i Casamajó ."

We would be dealing with a crime of usurpation of functions under article 402 of the Penal Code. The offense consists of the exercise of acts proper to an authority or official, lacking the precise conditions for their exercise. It includes prison sentences of one to three years.

It falls within the crimes of forgery .

Article 402 CP : Anyone who illegally performs acts proper to an authority or public official, attributing to himself an official character, will be punished with a prison sentence of one to three years.

To apply this crime , two requirements are required . The first of them refers to the exercise , that is, that the person performs acts proper to an authority or public official. Example: someone presents himself as a police officer and performs his functions, such as an arrest.


The second requirement is that the person falsely presents that he or she has official status to carry out those acts that are proper to a public official or authority.