The lawyer calls for that the arrest warrant towards her be withdrawn as a result of it’s “unlawful” Gonzalo Boye leads the protection of the fired MEPs and former ministers Carles Puigdemont, Toni Comín and Clara Ponsatí Ponsatí’s letter, the one one who will not be accused of embezzlement, is the primary one who presents and marks the road of those that will come later within the case of disobedience
The protection of the ex-minister Clara Ponsatí, one of many leaders of the procés escaped (in her case to Scotland) has requested Judge Llarena to withdraw the arrest warrant towards her for disobedience as a result of it’s “unlawful” as it’s prescribed and it’s a crime for which she has by no means been persecuted. For this cause, she understands that she can’t be charged now, 5 years after that alleged “disobedience” to the Constitutional Court in 2017.
This is requested in a letter to which NIUS has had entry and which is written by the lawyer Gonzalo Boye, who is identical one that directs the defensive technique of Carles Puigdemont and likewise the minister and MEP Toni Comín.
In his writing, an attraction towards the order that prosecuted Ponsatí for disobedience by declining the crime of sedition, Boye conveys the message of his shopper that the 1-O referendum and the earlier and subsequent episodes weren’t felony acts however ” unduly criminalized political acts”.
But after that, the authorized half begins, centered on the crime of disobedience:
To start with, he reproaches him for having issued that arrest warrant with out requesting the request earlier than the European Parliament, the place Ponsatí has a seat. Gonzalo Boye, who insists that Llarena doesn’t have jurisdiction to evaluate her, reminds her that Ponsatí was by no means claimed for the crime of disobedience when she was prosecuted, in 2018, however for revolt (which later grew to become sedition). In truth, she extracts the prosecution orders of the 2018 order the place the defendants for disobedience (three of the courts within the Supreme Court and the Parliament desk) seem differentiated from the remaining. As disobedience prescribes after 5 years, the lawyer considers that she can not now be accused of a criminal offense for which she was not claimed and can be prescribed, and factors out within the doc that the unfulfilled order of the TC dates from September 2017, it’s that’s, from 5 years and three months in the past. According to the doc, this new accusation is made “immediately and with out anesthesia” a criminal offense that can be in a unique title and chapter of the Penal Code.
With these arguments, Ponsatí’s lawyer asks:
The withdrawal “at once” of the nationwide arrest warrant, which is the one one in pressure. And that the request to evaluate her be withdrawn. And what about Puigdemont?
Of the three defendants that Gonzalo Boye has on this case, Ponsatí is the one one not accused of embezzlement. So it is the primary writing. But what has been offered signifies that the questioning of disobedience may also be utilized to Carles Puigdemont and Toni Comín, additionally prosecuted for disobedience for a similar info and on the identical dates.
The three are additionally MEPs, so all of the postulates coincide. In the following writings, Gonzalo Boye can even attempt to dismantle the accusation for aggravated embezzlement that the Supreme Court Justice of the Peace maintained in his order.
Llarena and disobedience
The investigating Justice of the Peace of the procés, Pablo Llarena, annulled his prosecution and arrest warrants for sedition to all of the escaped former ministers. The repeal of sedition left aggravated public dysfunction as a doable crime (a brand new sort created within the reform lately permitted by the Government).
But in Llarena’s opinion, this subtype of public dysfunction didn’t match the info and likewise can’t be imputed as a result of it didn’t exist in October 2017, the occasions of the method.
So the Justice of the Peace thought of that the crime of sedition may very well be subsumed into one among disobedience, a debate that was already opened when the matter reached the Supreme Court on the finish of 2017.
Now, the Justice of the Peace must reply this attraction, because it turns into clear that Ponsatí refuses to be detained to be tried for disobedience, although this crime doesn’t have jail phrases, however moderately a advantageous and a most two-year disqualification.