Supreme Court Judge Pablo Llarena has agreed to conclusion of open investigation on Procés, has declared rebellion of escaped defendants and has ordered suspension of functions of Carles Puigdemont, Oriol Junqueras and or four deputies Processed by rebellion and are in prison (Raül Romeva, Jordi Turull, Josep Rull and Jordi Sànchez). In car that explains suspension of deputies, Llarena leaves in hands of Parliament possibility that suspended parliamentarians are replaced temporarily by or of ir respective candidacies. The suspension does not apply to Excouncillor Antoni Comin in accepting judge his claim to resort to reform processing car. From now on, Llarena loses competition over cause that has been completed and that goes to trial room.More information
- Judge Llarena will suspend next week as deputies to Puigdemont and Junqueras
- The supreme Aboca to Dome of ' procés ' to leave ir seats
- The last prisoners of ' procés ' depart towards Catalonia
Llarena's resolution suspending Procés Dome responds to application of article 384 bis of Criminal Prosecution Act (Lecrim), which provides for automatic suspension of public office of those prosecuted for rebellion over which y have Decreed provisional prison. In a car notified this Tuesday, Llarena defends application of this article as a "precautionary measure" of a public and extraordinary nature that seeks to preserve constitutional order "preventing people who offer rational indications of having Challenged and severely attacked order of democratic coexistence through certain criminal behaviors, including crime of rebellion, can continue in performance of a public function of risk for collectivity when They also concur in m elements that constitutionally justify ir deprivation of freedom ".
The judge will report "automatic" suspension of six deputies to Parliament's table, which it urges to "take precise measures" to implement this resolution. Llarena recalls that, unlike a conviction for disqualification, article 384 bis only provides for a measure of provisional efficacy. The judge explains that suspension would be void if defendants were finally attributed to anor crime or than rebellion, or if provisional prison was revoked and released and refore considers that members now suspended do not have to give up Definitively to its seat for its parliamentary groups to ensure majority in house, but re is possibility that y can be replaced by or members temporarily.
Llarena's car includes suspension of Puigdemont even though Germany's justice has left him in provisional release while deciding wher or not to extradite him to Spain. Llarena, however, defends that it has decreed remand in Spain, which is requirement that is demanded to apply automatic suspension, according to interpretation that makes supreme of article 384 bis of Lecrim. The judge has not suspended for moment Toni ate, also processed by rebellion and fled in Belgium, because it has accepted its request (and that of Excouncillor Meritxell Serret) to be able to resort to processing car since y had not been notified until PASDO 5 of June.
In same car, trainer of cause opened last October in supreme against leaders of procés cause is terminated, implying that, from now on, Llarena loses competition with respect to investigated ones. The conclusion affects only defendants who are in Spain at disposition of judge. Concerning those who are fled (Puigdemont, ate, Lluis Puig, Meritxell Serret, Clara Ponsatí, Marta Rovira and Anna Gabriel), judge has agreed in anor self to declare m in absentia and, pursuant to article 842 of procedural law, course of case is suspended They will remain in a separate piece while y are not available to investigating judge.