In this paper I want to analyze the process of transition to democracy, particularly in relation to two points: the lack of solution to the problem of autonomous government and the lack of lustration in the judicial system, leaving extremely conservative judges who are now at the top of the Spanish judiciary and who seem to be pushing for a hard response to any attack against the unity of Spain, using an old category of criminal offence, that seemed to have been left out from European criminal justice systems: that of political crimes.