In a 71-page order, the judge “amends” the prosecution of former Catalan president Carles Puigdemont, former councilors Toni Comín, Lluis Puig, Clara Ponsatí and ERC general secretary Marta Rovira.
The legal reasoning performed by the instructor of the ‘process’, Pablo Llarenain relation to politicians processed by the 1-Ochanging the crime of sedition to that of disobedience, but leaving the crime of embezzlement intact, represents a change of scenery.
In a 71-page order, Llarena “adapts” the prosecution of former Catalan president Carles Puigdemont, former councilors Toni Comín, Lluis Puig, Clara Ponsatí and the general secretary of CKDMarta Rovira, as well as national and international search and arrest warrants, to the penal reform that came into force this Thursday, which eliminates the crime of sedition and modifies that of embezzlement.
In the case of Puigdemont, Comín and Puig, the magistrate of the Supreme Court (TS) strikes out the crime of sedition, as it no longer exists, and changes it to a crime of disobedience, but maintains the new grievous embezzlement, which upholds the sentences of the old eclipse.
Follow the path marked by Llarena or not
Some legal sources explain that if the TS magistrates who reviewed the “trials” and sentenced Junqueras and the other 11 defendants follow the path laid out by Llarena, it would be possible to avoid the 13-year disqualification sentence of Junqueras with “update minimums”.
The main anchor would be the crime of embezzlement because, when using the new heavy embezzlement, the possible penalties range from 4 to 8 years in prison, and can go up to 12 years if the damage caused exceeds 250,000 euros, and from 10 to 20 years of denial.
The other offense to be assessed, that of disobedience, carries no prison sentence, but is punishable by a fine of 3 to 12 months and a special disqualification from employment or public office for a period of 6 months to 2 years.
So if both crimes were maintained, since embezzlement allows disqualification up to 20 years and disobedience would add another 2 years, the current sentence of 13 years disqualification could be maintained.
It should be remembered that the only punishment against Junqueras who is still alive is that of disqualification, as he was pardoned for the imprisonment. In addition, it should be taken into account that it was provisionally disabled since July 2018, so at the moment it would be disabled until July 2031.
In any case, the ‘trial’ court could move away from Llarena’s pattern and give a different interpretation to the impact of the penal reform on the 1-0 penalty.
Puigdemont, Comín and Puig still face prison sentences
What is certain is that Llarena’s adaptation changes the criminal horizon for Puigdemont, Comín and Puig, as well as for Rovira and Ponsatí, to whom his order is addressed this Thursday.
The main change is that Llarena replaces the now defunct crime of sedition with that of disobedience, for which they go from 10 to 15 years in prison and disqualification to a fine and disqualification of up to 2 years.
However, Puigdemont, Comín and Puig still risk prison sentences because the magistrate has decided to continue the prosecution of the three for embezzlement and without applying the reductions envisaged in the penal code reform.
In this scenario, they could be sentenced to a prison term of 4 to 12 years and an absolute disqualification of 10 to 20 years, a sentence of deprivation of liberty that gives them access to a provisional prison for exceeding the legally required two years. . .
Rovira and Ponsatí were able to return and not be arrested
With regard to Rovira and Ponsatí, Llarena argues that the two leaders who were only prosecuted for sedition are now being prosecuted for disobedience.
In their case, both could return to Spain and not be detained by the national authorities, as it would not be possible to order their entry into the provisional prison, as they were not prosecuted for crimes involving imprisonment.
Still, both Rovira and Ponsantí should appear before the Supreme Court because, being prosecuted for disobedience, they are not exempt from criminal responsibility.
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Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
