Calling and holding of illegal referendums and consultations: crime?

Abstract

The spanish Organic Law 20/2003, of December 23, criminalized the convening of popular consultations by way of a referendum, without having powers to do so, and participation in said process. This reform being repealed only two years later. Especially as a result of the events that occurred in Catalonia in 2014 and 2017, the debate on the advisability of including such crimes again became topical. This article analyzes from a political-criminal and technical-legal point of view the criminalization of the calling and holding of illegal referendums and consultations, concluding with lege ferenda proposal in this regard. For this, an examination of the main means available to the current legislation to respond to such acts is also carried out.