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The Supreme Court confirms that it will not apply the amnesty to Puigdemont’s crime of embezzlement

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The escaped Catalan secessionist leader is awaiting the resolution of the Constitutional Court.

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Coup for the Catalan secessionist leader Carles Puigdemont after this Tuesday the judge of the Supreme Court, Pablo Llarena, decided reject your appeal. Puigdemont had presented it against the decision of not applying the Amnesty Law for the crime of embezzlement of public funds. Llarena remains firm in his decision and does not rectify it.

The order was made public this afternoon and confirms that the magistrate dismisses not only Puigdemont’s appeal, but also those of his former collaborators: Lluis Puig and Antoni Comín. Both will now be able to appeal the decision before the Appeals Chamber of the High Court.

Pablo Llarena has decided to reject in turn the resources presented by the Prosecutor’s Office and the State Attorney’s Office. Both institutions had demanded the application of the Amnesty Law to the aforementioned independence leaders, all of them fled abroad to avoid serving a sentence after Illegal and unilateral declaration of independence on October 1, 2017.

They lack foundation

According to the magistrate, the allegations presented by all of them they lack any foundation. Llarena assures that it is the “literal provision” of the norm that forces the resolution to be issued. Based on this, the legal text establishes that The amnesty cannot be applied to crimes of embezzlement in this case.

The Amnesty Law does not protect embezzlement when this crime is committed “for the purpose of obtain a personal benefit of a patrimonial nature“. Llarena interprets that in this case this is what happened, which is why it does not apply it.

“Although there are no legislative precedents of granting amnesty for crimes of embezzlement, in the more than two hundred years of jurisprudence of the Spanish Supreme Court There is not a single resolution that rejects giving the same criminal response to subjects who materially and unjustifiably have increased their assets at the expense of public funds,” says the instructor.

Regarding the appeal presented by the Vox political partywho requested that said law not be applied to the crime of disobedience either, The judge has also decided to dismiss itthus reaffirming what the Justice decided in the previous instance.

However, the Supreme Yes, he agrees with Marta Rovira on this occasion.leader of Republican Left independence partyaccepting that the dismissal of his house for disobedience would correspond to the Chamber, estimating your resource and concluding the summary of the case.



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