El castigo penal del secesionismo. Especial referencia al delito de rebelión

Abstract

Political pluralism is a principle that is recognized in the Spanish Constitution, and that guarantees the freedom to defend any political thought, so that, individually or collectively, one can legitimately claim to modify or even replace the constitutional democratic order for another one. However, this broad political freedom has a limit: respect for democratic principles and values. This limit has also been reflected in the Criminal Code, since the purpose of declaring independence from part of the State's territory is punished as a rebellion insofar as a public and violent uprising is used. However, the interpretation of violence in the rebellion has been shown — especially in light of the sovereign conflict in Catalonia— as a very complex task. This communication undertakes a critical review of such interpretation and proposes solutions of both lege lata and lege ferenda.