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The Prosecutor of the Supreme Court wants to claim the suspension of the immunity of Carles Puigdemont from the European Parliament. This is stated in the report that the Public Ministry will present imminently to the 1-O instructor judge, Pablo Llarena, responsible for the investigations of the escaped from the process .

The Public Prosecutor's Office believes that the Supreme Court judge must keep the euro orders issued against the former president and the former minister also fled Toni Comín . And, with them, the arrest warrants. It interprets that the judgment of the Court of Justice of the EU expressly accepts the possibility of "maintaining" the precautionary measure of imprisonment against a deputy with immunity if deemed necessary and if the European Parliament is urged with the utmost urgency to suspend that privilege. The Prosecutor's Office does see it necessary.

What the Prosecutor's Office proposes is to send a simple request for suspension and not, formally, a request. The reason is that the Spanish legislation on immunity - to which European regulations refer, as the CJEU's ruling recalls - does not require any request when the newly elected office had already been charged.

The Prosecutor's Office handles several jurisprudential antecedents in which the request for elected charges has been dispensed with as its case is already well advanced. In the summary of the process , by the time the former president was elected a parliamentarian, the indictment against him dictated by Judge Llarena was firm. In any case, even if it is not called a plea, the letter requested by the Prosecutor's Office seeks the same thing: a definitive green light to proceed with the criminal case against Puigdemont.

Prosecutors want to keep Euroorders

The intention of the magistrate coincides with the proposal of the Public Ministry, as indicated by legal sources. That is, keep Euroorders and ask for the suspension of immunity. Thus, if Puigdemont returned to Spain, he would be arrested and remain in prison awaiting the response of the European Parliament on the lifting of immunity.

The sentence issued Thursday by the CJEU recognizing immunity to Oriol Junqueras required a response on the situation of the principal convicted of the process and another on Puigdemont. The four prosecutors who intervened in the trial process presented almost immediately a letter to the 1-O court referring to Junqueras.

Not only did they see no reason to release him when he was already convicted, but they requested that his disqualification be activated and that the judgment be communicated to the EU Parliament "in order to have the appropriate effects in relation to the loss of his status as Europarliamentary. " Now, the Public Ministry is going to present its position on Puigdemont to Llarena, a case that it considers more complex than that of the firm convicted.

From the point of view of the Prosecutor's Office, and regardless of political repercussions, the balance of the CJEU ruling is minimal: Junqueras must continue to serve his sentence and Puigdemont must continue to be subject to a request for provisional detention.

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  • European Parliament
  • Supreme Court
  • Carles Puigdemont
  • Spain

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