Arnaldo Otegi, who will have a leading role in any peace process with the Basque armed group ETA, because of Batasuna's links to the organisation, will be able to appeal the sentence, sources said.

Under Spanish law Otegi could be jailed pending an appeal but prosecutor Jesus Santos said he would not request this because he believes Otegi does not pose a flight risk.

Whether Otegi now goes to prison depends on whether he is considered dangerous by the public prosecutor while he prepares an appeal, judicial sources said.