The former Catalan president Carles Puigdemont will be extradited to Spain but only for crime of embezzlement and not for that of rebellion, most serious of accusations that weighed on him. The German court that had to decide on its delivery to Spain has issued its decision this morning and has left free to Puigdemont of charges that weigh on rest of Catalan independence leaders prisoners in Spain.More information
- Reactions | Torra describes "great news" that German court dismisses rebellion
- The supreme studies accepting delivery of Puigdemont for a embezzlement punished with up to 12 years in prison
- German justice denies rebellion and leaves Puigdemont free
"The accusation of embezzlement of public funds is acceptable, extradition for accusation of rebellion is not acceptable," case of federal state of Schleswig Holstein, which was arrested on 25 March when He entered German territory from Denmark. The tribunal has not issued precautionary measures against Puigdemont, so it is still at large. In Spain you can only be judged for crime for which you extradite. The crime of embezzlement is punishable by up to 12 years in prison, while for ringleaders of a rebellion Spanish law contemplates penalties of between 15 and 25 years.
The German court has not accepted arguments of judge of Spanish Supreme Court, Pablo Llarena, who insisted on extraditing independence leader for crime of rebellion, same for which remain in custody or Catalan leaders As vice President Oriol Junqueras. This crime is similar to that defined in German law as high treason. "The accusations against Puigdemont are not equivalent to crime of high treason and disturbance of public order under German law", alleges note of Court of North Germany. "The magnitude of violence necessary for high treason was not reached during altercations," he adds, in an open discrepancy with arguments of Spanish supreme. and adds "Puigdemont aspired only to celebration of referendum [...] Nor has he been inciter of violence. "
The Tribunal, on or hand, takes into account arguments presented by Llarena on use of public funds for holding of illegal referendum of 1 October. It is this performance that sustains crime of embezzlement. "In relation to embezzlement, Spanish authorities have seen a co-responsibility in use of financial resources in charge of public funds."
On 5 April, German judiciary left Carles Puigdemont on bail. The territorial hearing (equivalent to a Spanish provincial Court) considered "inadmissible" crime of rebellion, by which former President of Generalitat is processed in Spain. The German judiciary did agree to process instead Supreme Court's extradition request for embezzlement of public funds. The decision put in check action of Spanish Justice against main leader of procés.
Two days ago, eight months after taking charge of open cause against Catalan independence Dome, Judge Llarena terminated summary of procés. Llarena left 18 defendants at gates of trial, which will be expected to be held at end of 2018 or beginning of 2019. Before closing investigation, judge ordered to suspend as deputies to Puigdemont, Oriol Junqueras and or four parliamentarians processed by rebellion that are in prison (Raül Romeva, Jordi Turull, Josep Rull and Jordi Sànchez).
The Catalan president, Mr. Torra, has considered that rebellion "great news" is ruled out. "It demonstrates once again deceits and lies of a judicial cause that should never have begun. It will be in Europe where we win, "tweeted president.Share in Facebook share on Twitter OtrosCerrarCompartir at LinkedinCompartir on GooglePlusCompartir on Pinterest more information
- Llarena sends thousands of pages to convince Germany to deliver Puigdemont
- Llarena closes summary of ' procés ' and suspends as deputies to Puigdemont and Junqueras