Ponsatí and Rovira can return to Spain with out being arrested, as a result of they’re solely wished for disobedience, which doesn’t entail jail sentencesPuigdemont, Comín and Puig have nationwide arrest warrants for embezzlement and disobedienceJunqueras and the remainder of the convicted have to attend for the courtroom presided over by Marchena, however their circumstances are usually not an identical to one another
The leaders of the method, each these convicted and people on the run, had been ready for this Thursday, as a result of it was the day of the entry into power of the repeal of the crime of sedition and the discount of non-profit embezzlement. Judge Llarena and the trial courtroom of the procés have already taken their first steps and a few conditions are starting to be clarified.
In the case of Puigdemont, he’s not being prosecuted for sedition, however for embezzlement and disobedience; within the case of Marta Rovira and Clara Ponsatí, just for disobedience; Those convicted like Junqueras should wait a couple of days, as a result of theirs is present process one other course of and is within the palms of the courtroom that convicted them.
What Llarena has completed is to interpret the appliance of the brand new crimes to the defendants who haven’t been tried. In the case of the courtroom presided over by Manuel Marchena, it should reply to the arguments of the events, and the defenses have already superior that they will request the acquittal, as a result of based on the thesis of these attorneys, when the crime of sedition disappears, the crime of sedition disappears. of embezzlement, which was dedicated to make the primary doable. I imply, it was instrumental. In any case, these writings and likewise these of the Prosecutor’s Office and the favored accusation of Vox are but to be seen. And lastly the response of the courtroom. This is how the scenario of escapees and convicts stays:
Carles Puigdemont, with a search and seize order in Spain for embezzlement and disobedience
Carles Puigdemont is not dealing with against the law of sedition, as a result of it not exists and the decide considers that he can’t be prosecuted for the crime of aggravated public dysfunction, which additionally didn’t exist when the occasions had been dedicated.
However, he does imagine that he will be prosecuted for disobedience and embezzlement, though he limits it to Spain. At the second, he withdraws the Euro-warrants, which had been suspended, and leaves a nationwide search and seize order for these two crimes.
It will watch for the CJEU to rule on the earlier Euro-orders and say if the supply proceeded earlier than issuing them once more, just for the crimes of embezzlement and disobedience.
This signifies that if Puigdemont returned to Spain right this moment he might be arrested and tried for these two crimes. Disobedience doesn’t carry jail sentences, solely a effective and a disqualification of as much as two years. But embezzlement does entail jail. In addition, because the Justice of the Peace doesn’t take into account that the discount applied by the Government for non-profit circumstances will be utilized (he understands it as pure embezzlement), he maintains the identical crime for which Junqueras and the remainder of the bench of the method had been convicted. , which might imply as much as 12 years in jail and as much as 20 years of disqualification.
Toni Comín: like Puigdemont
He is the person who has gone hand in hand with Puigdemont since he left for Belgium, and now he continues to go hand in hand with him.
The scenario is an identical to that of the previous president of the Generalitat and if he returned to Spain, Comín can be arrested for the crimes of embezzlement and disobedience.
Also like Puigdemont, he can transfer freely round Europe, not less than till the CJEU guidelines.
Lluis Puig: how was he
In his case, it stays because it was, as a result of this ex-minister had not been sued for sedition, however for embezzlement and disobedience, the 2 crimes maintained by the Justice of the Peace who’s instructing the reason for the method and that he doesn’t decrease regardless of the reform.
Marta Rovira: she will be able to return with out worry of going to jail
The ERC General Secretary is positioned in Switzerland, in Geneva. And though she has already affirmed that she doesn’t ponder an imminent return to Spain, the reality is that she will be able to do it at any time when she desires with out worry of jail.
She was solely claimed for sedition and when that crime disappeared, every thing is restricted to disobedience.
However, it’s possible that Marta Rovira prefers to attend for the courtroom to answer the request for acquittal that the ERC attorneys are going to make for his or her convicted politicians. Because if she succeeded, the Supreme Court would not even should look like launched.
Clara Ponsatí: like Rovira, she is barely prosecuted for disobedience
In the case of Clara Ponsatí, who fled to Scotland, she can also be prosecuted for disobedience and nothing extra. In different phrases, she will be able to return to Spain and won’t go to jail as a result of the crime of disobedience doesn’t carry that kind of penalty.
The damned, ready with totally different compasses
On the opposite hand, these convicted within the procés trial should watch for the courtroom to answer the allegations of their attorneys. It will not be but identified if the studying of the courtroom chaired by Judge Marchena goes to be an identical to that of Llarena or if it will stand out, as a result of they may even have to answer new theses from the defenses.
In addition, it should be taken into consideration that there have been two sorts of sentence and there might be totally different resolutions. In any case, since they had been pardoned, every thing refers back to the disqualifications, which is what they’ve left, or was left, to complete complying with. This similar Thursday, the magistrates gave them eight days to current allegations, the identical because the Prosecutor’s Office and the favored accusation of Vox.
Junqueras, Romeva and Dolors Bassa (ERC) had been sentenced for sedition and embezzlement to 13 and 12 years of disqualification. His defenses have already superior that he’ll ask for whole acquittal and that or not it’s thought of that they didn’t commit any crime. The courtroom might settle for it or keep the convictions for embezzlement with the identical argument that Judge Pablo Llarena has used. In that case, a brand new account of the appliance of the penalties must be made, because of the disappearance of the sedition, however totally different jurists guarantee that it will not change a lot. If the arguments of the defenses persuade Marchena and the remainder of the judges, Junqueras might run for election now. Jordi Turull (PdCat): was additionally sentenced for embezzlement and sedition to 12 years. The thesis of his attorneys is that the crime of embezzlement ought to disappear, as a result of it was an instrument for sedition and when it disappears, embezzlement additionally disappears. As within the case of the ERC politicians, he should watch for the courtroom to talk. Rull, Forn, Cuixart, Sánchez and Forcadell: their convictions had been solely for sedition. So if the courtroom makes the identical interpretation as Llarena, they are going to not be disqualified, as a result of they’d solely be sentenced for disobedience and the 2 years of disqualification have already expired.