The Public Prosecutor’s Office again requested that the investigating judge in the case of the operation Pablo Larena agree to search and arrest Carles Puigdemont and Anthony Comín and imprison them and issue an international search and arrest warrant in case it is necessary to process the extradition request, as well as a European arrest and extradition order in relation to the defendants accused of embezzlement and insubordination.
This request comes after Judgment of the General Court of the European Union of July 5, 2023 Which withdraws the immunity of both MEPs.
The former head of the general settled the decision of the Supreme Prosecution. “One day you are decisive in creating a government in Spain, the next day Spain orders your arrest,” Puigdemont confirmed in a message on Twitter where he shared information about the request for new European arrest warrants.
According to the OTP thesis, although this cassation ruling can be appealed to the Court of Justice of the Confederation, the appeal has no suspensive effect, so taking into account the personal situation of both – escaping justice and in absentia – “it is appropriate to issue international and European arrest warrants again in connection with each of the prosecutions for the crimes specified in the order of January 12, 2023”.
The Attorney General also notes that acts that constitute embezzlement in their aggravated form carry prison sentences of between 6 and 12 years given the magnitude of the embezzled funds.
The letter from the attorney general’s office comes one day after the general election. According to first estimates, the PSOE could once again try to form a government with the support of various groups, including the Junts. “One day you will be decisive in forming a Spanish government, and the next day Spain will order your arrest,” he said. Puigdemont said in a message in English on his Twitter account.
Now it is in the hands of Pablo Larena to decide whether to reactivate the OEDs after they were withdrawn when he filed a preliminary ruling before the CJEU.
At the same time, Puigdemont appealed to European courts the European Parliament’s decision to withdraw his immunity to stand trial in Spain for sedition, a decision confirmed by TGUE.
Larina was waiting for the European dispute to be resolved before deciding whether to re-enforce the warrants. At the same time, last January, he had to amend the indictments and withdraw the crime of sedition as it had been abolished, and the investigator now considers misappropriation of public funds and insubordination as crimes.
Once the CEOs’ offices are reactivated, the Belgian justice (the country of residence of the former Catalan president) must resume the extradition to Spain for trial.