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The State Legal professional Normal, Álvaro García Ortiz, has ordered the 4 Supreme Court docket prosecutors who participated within the ‘procés’ trial to ask the Excessive Court docket to use the amnesty to all crimes dedicated by the Catalan independence leaders, together with embezzlement. .
García Ortiz has despatched a authorized report back to the fiscal management and has convened a Board of Court docket Prosecutors for Tuesday to determine the place of the Prosecutor’s Workplace relating to the applying of the amnesty to these convicted and prosecuted by the Supreme Court docket, as requested. in writing the prosecutors of the ‘procés’, in favor of not condoning embezzlement, in case they didn’t agree with them.
The legal professional normal asks for amnesty for the 4 convicts who’re serving disqualification sentences for embezzlement – the previous vice chairman Oriol Junqueras and the previous ministers Raül Romeva, Jordi Turull and Dolors Bassa – and three of the escapees who weren’t tried – the previous president Carles Puigdemont and the previous ministers Toni Comín and Lluis Puig, prosecuted for embezzlement and disobedience.
García Ortiz addresses the 4 prosecutors to organize them to “proceed to finish the transfers granted by orders of June 11, 2024, within the sense that the crimes object of accusation and conviction in Particular Case No. 3/20907/2017 proceedings earlier than the Second Chamber of the Supreme Court docket are included within the scope of software” of the amnesty regulation.
And, consequently, “it’s applicable to declare amnesty for all of the conduct that was and is the topic of mentioned procedures, in addition to carry the precautionary measures which are pending with respect to among the defendants,” who’re Puigdemont, Comín and Puig.
Considers that prosecutors confuse revenue motive with embezzlement
The order of the legal professional normal considers that these prosecutors confuse of their report the “revenue motive” required by the crime of embezzlement with the “private enrichment of a patrimonial nature” of these acts that the amnesty regulation considers not amnestiable.
The patrimonial harm to the Administration, ensuing from the crime of embezzlement, just isn’t corresponding to “private enrichment of a patrimonial nature,” provides García Ortiz’s order. Likewise, the legal professional normal considers that the occasions didn’t immediately have an effect on the monetary pursuits of the European Union.
What prosecutors can do in the event that they disagree
The 4 prosecutors should now reply in writing, as required by the Statute, in the event that they adjust to the order of the legal professional normal or invoke article 27, which might result in the holding of the Board of Chamber Prosecutors subsequent Tuesday, as reported yesterday.
This order precedes the convocation of the Board of Court docket Prosecutors to be held subsequent Tuesday, the 18th, by which the arguments of the prosecutors of the ‘procés’ and the legal professional normal shall be analyzed with the intention of creating the factors that shall be maintained the Public Ministry earlier than Choose Llarena, who gave the events a interval of 5 days to rule. That interval ends on Tuesday.
The Board of Prosecutors can vote on the antagonistic standards defended by the prosecutors of the ‘procés’ and the legal professional normal, however its place just isn’t binding and the final phrase shall be García Ortiz.
