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Application of the Amnesty Law by the Superior Court of Justice of Catalonia

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The Superior Court of Justice of Catalonia (TSJC) begins the application of the Amnesty Law

The Superior Court of Justice of Catalonia (TSJC), chaired by Jesús María Barrientos, becomes the first court to implement the amnesty law, which has recently come into force. This measure has been communicated to the Prosecutor’s Office, accusations and defenses, requesting that they issue their opinion on the applicability of this rule in five specific cases related to the consultation of 9-N of 2014 and the referendum of 1-O of 2017. According to the According to information provided by the TSJC press office, a period of 10 days has been established for the parties involved to comment on the matter.

Cases that will be affected

The cases that will be affected by this measure include the 9-N case against President Artur Mas and former councilors Joan Ortega and Irene Rigau, as well as the conviction of President Quim Torra for disobedience. The case of the former mayor of Agramunt Bernat Solé, related to 1-O, and that of the former CUP deputy Pau Juvillà, is also considered. Although some of these people have already served their sentences, it is expected that the courts will order their dismissal, exonerating them from any responsibility, and even canceling records if appropriate, as if the criminal process had not taken place.

Pending trial for embezzlement

In addition, the TSJC has asked the parties involved for their opinion on the pending 1-O trial of former ERC officials Josep Maria Jové, Lluís Salvadó and Natàlia Garriga, who face prison sentences and disqualification. This trial, which was originally scheduled for an upcoming date, has recently been rescheduled, and the application of the amnesty law is expected to have significant implications in this case.

Considerations about embezzlement

The amnesty law clearly establishes that those accused of embezzlement who have not enriched themselves will be amnestied. However, Supreme Court jurisprudence indicates that enrichment is defined as any illicit act, and for Supreme Court prosecutors, embezzlement related to 1-O is not amnestiable. This situation will condition the decisions of both the Supreme Court and the TSJC, and it is expected that additional consultations will be carried out to clarify this point.

Additional Questions and Possible Implications

Both the Supreme Court and the TSJC could consult the Court of Justice of the European Union (CJEU) to determine whether the crime of embezzlement can be considered amnestiable. This situation could temporarily freeze judicial processes, including the trial of Jové, Salvadó and Garriga, until a definitive answer is obtained. The implications of these inquiries could have a significant impact on the development of pending cases.

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