It is requested that the second Guard Court be reinstated

Foment, Cercle d’Economia, Cambra de Comerç de Barcelona, Pimec, Turisme de Barcelona, Fundació Barcelona Comerç, Gremi Restauració, Gremi d’Hotels, Comertia, Barcelona Global, Barcelona Oberta, i l’Associació de Passeig de Gràcia they ask that the second Guard Court be reinstated.

• Insecurity is the main problem of Barcelona residents and at the moment the Administrations are not giving an adequate response.
• The police effort is not matched by the judicial system, which is not up to the current circumstances.
• Serious crimes have increased again, minor ones are prosecuted with a delay of almost three months and serious and less serious crimes after thirteen months.
• It is necessary to hold immediate trials for minor crimes, such as thefts of less than 400 euros.
• The request to amend the Penal Code to address the serious problem of multiple recidivism is reiterated. It has been requested for three years.

Foment del Treball, Cercle d’Economia, Cambra de Comerç de Barcelona, Pimec, Turisme de Barcelona, Fundació Barcelona Comerç, Gremi Restauració, Gremi d’Hotels, Comertia, Barcelona Global, Barcelona Oberta, i l’Associació Passeig de Gràcia they express the need for the second Court of Guard to be restored to hold immediate trials for minor crimes, such as thefts of less than 400 euros.

The law provides that these types of trials are held within ten days of the commission of the crime. In 2018 this deadline was eleven months but, thanks to the second court that was created in February 2019 and the decrease in crimes due to the pandemic, the legal deadline was practically reached in the middle of last year. But the crimes have increased again and now they are tried for almost three months, and the term is increasing every week.

In addition, this delay also affects the trials of the most serious crimes such as those of robberies with violence in public streets, which at the moment are being seen in Barcelona Courts thirteen months later when they should be speedy trials. They are even held later than ordinary trials.

Surveys clearly underline this: insecurity is the main problem for Barcelona residents and Barcelona leads the country in crimes per inhabitant in cities with more than 20,000 inhabitants. The police effort of the Mossos d’Esquadra and the Urban Guard of Barcelona in increasing the number of arrests and the increase in their forces does not find correspondence in the judicial system, which, therefore, is not up to the level it should be to face the problem of insecurity.

We must remember the enormous importance of public safety in order to attract Barcelona residents and visitors from all over Catalonia, Spain and the world to the city centre. Only with a safe city can we attract quality visitors who favor the development of commerce, restaurants and other economic activities represented by the signatory organizations. The insecurity not only has negative effects among the people who live in Barcelona, but, in addition, it particularly affects all the citizens of the metropolitan area and also of the whole of Catalonia who travel to the capital for various reasons. Therefore, it is imperative and urgent that the Administrations and the Judiciary adopt rapid measures to reduce the serious consequences of insecurity. It is a key issue for economic activity and for the citizens of Barcelona and, in fact, of the whole of Catalonia.

For these reasons, the signatory organizations are asking for the immediate restitution of the second Guardianship Court of the city of Barcelona, a request that they have forwarded to the competent authorities, including the Ministry of Justice and the president of the Generalitat de Catalunya. It is necessary to find a solution to this situation which makes the fight against crime extremely difficult and generates a serious situation of insecurity.

At the same time, the signatory organizations reiterate the request to amend the Penal Code to address the serious problem of multiple recidivism, which means that some types of crime are not sanctioned as they should be. In particular, multiple recidivism of minor theft offenses is only punishable by fines. The accumulation of thefts should receive a response proportional to the serious damage caused, which is not happening today. This modification has been demanded for more than two years, waiting for the Ministry of Justice to promote an initiative in the Congress of Deputies.