How does the pardon application process work?

Carles Puigdemont is back Good news and bad news Within hours of each other. On the same day that the Supreme Court dismissed Tsunami’s terrorism case, which could have gotten him pardoned, another judge decided not to grant him pardon because of the alleged Russian plot in the operation.

The person responsible for the decision is Joaquín Aguirre, President of the Investigating Court No. 1 in Barcelona, ​​who signed a very difficult argument presented verbatim, Hybrid war.

When speaking about the protests that followed the ruling in this process, the judge goes so far as to say that it “Episodes similar to the tragic Barcelona Week of the 19th century or the days leading up to the Civil War”That’s why he says no pardon can be granted to the former president or the 12 others who are being investigated.

In addition, he asks the Supreme Court to stop the case – because there are two members, the former president and the deputy Francesc de Dalmases – and investigate them for treason against the state, embezzlement and a new crime he committed. Now added: criminal organization.

Therefore, Puigdemont A new front opens To the Supreme Court, where the Admissions Chamber must decide whether to continue the case and appoint a coach.

One cold and one hot: In two days the tsunami case was filed, which was immortalized in the courts, but The case was expedited due to the alleged Russian plot..

The judge says it has been proven that the subjects were part of a pyramid structure that was in the dome. Presidents Mas and Puigdemont Which included, among others, Victor Tarradellas, Elsa Artadi, Josep Luis Alai or Gonzalo Boy.

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According to him, the plot was carried out through contacts with Russian intermediaries. To obtain military and financial support from Moscow For independence

Carles Puigdemont’s new judicial front passes through the Supreme Court, which must decide whether to continue the case (Europa Press/Carlos Luján)

Other pending cases

With these arguments, the Russian conspiracy judge sent the case directly to the list of cases, which, a month after its approval, turned out to be The implementation of the amnesty law has faced and will face obstacles from some judges..

In fact, Aguirre uses Supreme Court Justices Argument To emphasize that embezzlement is an exception to the law.

no The amnesty was not applied in the tsunami case. On charges of terrorism, which were not brought by law enforcement but by miscarriage of justice. Initially, the National Court and the Supreme Court refused to pardon this case and considered bringing the case to European justice.

The typical situation in which amnesty is suspended is clearly That processOn the one hand, Junqueras, Romeva, Turull and Basa remain excluded until 2030 and 2031. On the other hand, the arrest warrants against Puigdemont, Comín and Puig also remain in force.

The 12 defendants in the trial of the operation before the Supreme Court in a 2019 photo (EFE)

The judges – Manuel Marchena and coach Pablo Larena – consider the crime to be embezzlement Forbidden. As for the crime DisobedienceI considered consulting with the Constitutional Court.

in it The case of JudasThe National Court also expressed doubts about the possibility of applying the amnesty to 12 civil defence officers accused of terrorism, and considered referring it to the Court of Justice of the European Union.

Such cases, whether they ultimately end up in the hands of the Constitutional Court or the European judiciary, They will remain dead indefinitely, Until it is made clear what standard – as yet unequal – judges should apply.

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On the other side of the scale, The pardon has already resulted in convictions being overturned. Mossos and the demonstrators who intervened in the protests that followed the verdict, the mayors of 1-O, dozens of police officers who were investigated for charges on the day of the referendum or former councillor Miquel Buch and sergeant Luis Escola in the case of accompanying Puigdemont.

Michael Buch and Luis Escola during the trial (ACN)

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