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Day one of the entry into force of the reform of the Penal Code, this Thursday, will be
accompanied by immediate consequences. The court will not wait to interpret the application
of the disappearance of the crime of sedition and the changes in embezzlement to the
particular circumstances of the politicians involved in the process. Judge Pablo Llarena,
instructor of the procedure, plans to issue an order imminently in which he adapts the still
ongoing prosecution against the various fugitives, including Carles Puigdemont, to the new
regulation. According to legal sources, the disappearance of the main crime for which the
fugitives had been being persecuted shakes up the arrest warrants issued in Europe, which will
be modified shortly.
In the case of Puigdemont, the elimination of the specific crime does not serve to eliminate the
facts, but it does lighten the consequences considerably. While waiting for the magistrate to
determine if his conduct fits into any illegal activity, without this necessarily being the
aggravated disorders proposed by the Executive, the meaning of the arrest requests must
change. Against Puigdemont the accusation of embezzlement of public funds also weighs,
which can be maintained, although the reduction in sentences and the requirements now
demanded also shake that leg. In a similar situation to the former president are Toni Comín
and Lluís Puig.
Those convicted of the 'procés' will request the acquittal of the Supreme Court
The greatest beneficiaries of the legal reform turn out to be the general secretary of Esquerra,
Marta Rovira, accused only of sedition and fled to Switzerland at the beginning of the judicial
process on 1-O, and the former Minister of Education Clara Ponsatí, against whom she weighs
the same crime, already disappeared from this Thursday from the Penal Code. The ERC general
secretary maintains an undoubted weight in the nationalist formation and participates
continuously and actively in Esquerra's strategy and positioning meetings. Since she is only
accused of the crime that is now eliminated, it is more than foreseeable that she will be
completely released.
The immediate consequences on the other three will not be so tangible, since the orders have
been on hold for months, waiting for the Court of Justice of the European Union to rule on
their scope. From the Supreme Court, the consequences for Europe of the measure have been
feared for a long time, a whole torpedo in the waterline for the sentence handed down in its
day that undermines the image of the Spanish Justice before the European Court of Human
Rights.
Processing for convicted persons in Spain
In addition to the fugitives, the Supreme Court plans to immediately start the processing of the
adaptation of the reform in the case of those convicted in Spain. Although Oriol Junqueras and
the other politicians were pardoned from jail sentences, they keep the disqualification alive,
which keeps them from public responsibilities. The high court plans to transfer shortly to all
parties
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