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The German justice decides to deliver to Puigdemont only by embezzlement

The territorial hearing of Schleswig-Holstein ruled out the rebellion because the actions of the Catalan independentists did not reach the magnitude of the violence needed

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The German justice decides to deliver to Puigdemont only by embezzlement

The former Catalan president Carles Puigdemont may be given to Spain but only for crime of embezzlement and not for rebellion, most serious accusations that weighed on him. The German court that had to decide on its surrender has issued its decision this morning and has freed Puigdemont of charges that weigh on rest of Catalan independence leaders arrested in Spain. Extradition will only be effective when approved by German Public Prosecutor's office. Germany's decision is only appealable to Constitutional Court, but it can only be Puigdemont for infringement of rights. The prosecution cannot appeal. This implies that Puigdemont will not be able to be tried in Spain for this crime, punished with penalties of up to 30 years in prison. If he is only judged for embezzlement, Puigdemont would face a maximum sentence of 12 years in prison, but his lawyers have indicated to this newspaper that y will challenge decision to also refute existence of this crime.  However, first assessment of Catalan former president's defence to Germany's decision is "very positive"

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  • Reactions | Torra describes "great news" that German court dismisses rebellion

"We have defeated main state-supported lie. The German judiciary denies that 1 October referendum was rebellion. Every minute our comrades spend in prison is a minute of shame and injustice. We'll fight to end, and we'll win! "Puigdemont wrote on Twitter. Catalan president, Mr. Torra, has considered it to be "great news." "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.

"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. Contrary to criterion of German regional prosecutor's Office, court considers that Puigdemont should not be admitted to prison, since re is no risk of escape. The Schleswig Holstein prosecutor's office is now in charge of executing court's decision. For time being, re are no scheduled dates for that execution because lawyers have a month to appeal decision taken this Thursday.

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 he adds: "Puigdemont aspired only to celebration of referendum [...] Nor has he been inciter of violence. "

The High Court of Schleswig Holstein considers thus that violence necessary to apply article 81 of German Penal Code, one corresponding to offence of high treason, comparable to rebellion of Spanish juridical order is not concurred. The High Court states that "violent clashes, particularly in polling stations and against Civil Guard and national Police, did not acquire dimension to seriously threaten Spanish constitutional order."

Although Court recognizes in its note that it is possible to punish those who plan or organize violent acts, it neverless maintains that it is necessary for person who supports such acts to have known and approved m. That did not happen in this case, according to German justice. In its preliminary decision, Tribunal had already interpreted a legal precedent of early 1980s to be applicable in which rebellion was dismissed during a protests against enlargement of Frankfurt airport. The Court n explained that violence must be sufficient to subdue will of constitutional body.

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." The final verdict, clarifies court, corresponds to Spanish justice.

Puigdemont was arrested on 25 March in norrn Germany after crossing border with Denmark. After his arrest, Puigdemont entered prison of Neumünster, which was released on bail on 5 April after court ruled in a preliminary decision to charge high treason. The German judiciary did agree to process instead request for extradition for embezzlement. The attorney General's office of state of Schleswig Holstein has neverless backed accusations of Spanish supreme to end when he considered that Puigdemont should be extradited for both offences.

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, Junqueras and or four parliamentarians processed by rebellion that are in prison (Raül Romeva, Jordi Turull, Josep Rull and Jordi Sànchez).

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