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Llarena is debated between giving up the delivery of Puigdemont or attending the EU court

The decision of Germany opens a debate in the High Court on the options that remain to not leave unpunished the Catalan former president

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Llarena is debated between giving up the delivery of Puigdemont or attending the EU court

The judge of Supreme Court Pablo Llarena is debating among several options before judicial future of Catalan former president Carles Puigdemont, among m definitively to renounce to request surrender of leader independence. That possibility, openly defended by some sections of Tribunal, is not, however, only one above table. It is also considered a possible action before EU Court of Justice to propose that German justice which has not properly implemented European arrest warrant. A third possibility would be to accept delivery of Puigdemont in terms agreed by German court, that is to say, only for crime of embezzlement. But this last alternative is least likely due to risks it would bring, including that independence leader managed freedom in Spain and could even recover presidency of Generalitat.

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The Spanish High Court does not yet have official knowledge of Germany's resolution, but it feared for months decision it has taken this Thursday, so it has been studying pros and cons of roads that would remain to prevent crimes that He attributes Carles Puigdemont to go unpunished. If it confirms refusal of German justice to give to former president of Generalitat by rebellion but to do it by embezzlement, Judge Pablo Llarena will have to decide if it accepts delivery only for this offence (which would prevent it to judge it in Spain by any or) or He rejects it and lets it stay for moment in Germany.

Sources of Supreme Court have pointed out that Llarena is not going to make any decisions until he can analyse "legal content" of Schleswig-Holstein hearing resolution. In addition, High Court has no need to decide its strategy immediately because lawyer of Expresident has announced an appeal to German Constitutional Court to try to avoid delivery of embezzlement as well. However, in supreme y admit that re is no option to get surrender by rebellion and that margin of action of Llarena is very small, although among sources consulted re are discrepancies on which decision would now be most correct.

A sector of supreme is in favour of rejecting surrender of Puigdemont for embezzlement and condemning him to live outside Spain because Spanish justice would maintain national arrest warrant and Puigdemont would be arrested if he enters country. Moreover, if former president changed Germany to anor territory, supreme could reactivate European or international arrest warrant. This situation would be maintained at least during 20 years that it takes to prescribe crime of rebellion, according to sources consulted. However, or sources consulted warn that this way would imply resignation to judge former president, which would be interpreted as an affront to independence leaders who have not escaped and have been made available to Spanish justice.

Within Tribunal, possibility of going to Court of Justice of European Union is not ruled out in order to decide wher Germany has applied European arrest warrant well. The Attorney-General's office has also analysed this option because it considers that Germany has overstated itself by applying European regulation regulating euroorden. This framework agreement establishes that executing country of delivery (in this case, Germany) "should be limited to practical and administrative support" and to assess that facts constitute a crime in both states "irrespective of constituent elements or Qualification of same. " Both supreme and Spanish public prosecutors believe that Germany has exceeded its role in deciding delivery and has entered subject fund (wher re was violence and what scope). To go to Luxembourg would open door for European court to decide on it and, in case of confirmation of this sis, situation can be restated.

This possibility would also allow to gain time to avoid that Puigdemont is delivered by embezzlement while members of his government who stayed in Spain face a crime of rebellion. Since it was found that deliveries of escaped defendants were going to be more complicated than anticipated and could prevent trial of those fled for same crimes for which y are going to judge those who did not flee, High Court ruled that 25 defendants would sit junt You in same trial. For this it opened a separate piece, implying that court will judge at end of this year or principles of which it comes only to 18 prosecuted who are at disposal of supreme without waiting for justice of Germany, Belgium, Switzerland and Scotland to resolve on delivery D and Runaways.

If Luxembourg option were not successful, Llarena would consider accepting delivery of Catalan expresident only for embezzlement and trying to judge him by aggravated type of this crime, which provides for penalties of up to 12 years in prison. If convicted, once served sentence, law would allow reactivating investigation by rebellion when it had been 45 days since final release if Puigdemont does not leave Spain, a possibility that has also handled tribunal but now It is considered only a medium-term hyposis. Accepting delivery for embezzlement would have a major drawback with political effect: temporary suspension as a deputy ordered by Llarena this week and only applicable to those processed by rebellion would be void. This would imply that former president would maintain all his rights as a parliamentarian, at least until re was a conviction that would disable him.

The delivery only by embezzlement would also open door to that, even in case of being convicted by most serious subtype, Puigdemont to fulfil penalties inferior to those that could face rest of defendants. The latest reform of Penal Code for this crime includes possibility of lowering penalty in one or two degrees if defendant fully repairs embezzled money. This repair of damage could also hinder possibility of preventive imprisonment of former president once he was in Spain, although supreme alleged high risk of escape. If Puigdemont were to be released and with his rights as deputies intact, he could aspire to become president of Generalitat.

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