Eulàlia Reguant

returned to the Supreme Court on Tuesday, only to verify that she will have to appear a third time.

The

Criminal Chamber of

the High Court has agreed to suspend the trial that was planned against the deputy of the CUP in

Parliament

, thus attending to the request of the defense and the Supreme Prosecutor's Office itself.

The magistrates have considered that the indictment of the Prosecutor's Office and the immediately subsequent order that sent Reguant to trial were issued by those who were no longer competent to do so: the Madrid Prosecutor's Office and an investigating court in the capital.

The reason is that, when both writs were presented, Reguant had already acquired the status of deputy and was, therefore, qualified before the Supreme Court.

Thus, the Supreme Prosecutor's Office and a magistrate of this court must be the ones to issue the corresponding indictment and opening of oral proceedings.

Then the trial will be held again.

The Supreme Prosecutor's Office already indicated before the oral hearing, correcting the letter of the Madrid Prosecutor's Office, what was -and predictably will be again- her request: four months in prison for the deputy for a crime of serious disobedience to authority, with the corresponding disqualification.

It is a reduction compared to the six months requested by the Madrid prosecutor's office, but it does not change the essential: that sentence would mean that Reguant would lose her deputy act, given the disqualification that she automatically accompanies to prison.

€2,500 fine

The facts that are going to be judged in the coming months go back to the trial for the

procés

that the Supreme Court held three years ago.

Both Reguant and fellow CUP member Antonio Baños were called as witnesses.

When they appeared, they refused to answer the questions of Vox - "a sexist and xenophobic party of the extreme right" -, which exercised the popular accusation.

Nor did they accept the maneuver of the president of the court, Manuel Marchena, of transferring to them the questions that Vox wanted to ask.

The result was that the court imposed a fine of 2,500 euros and sent what happened to a guard court in Madrid to open a criminal investigation for disobedience.

Before the trial was suspended, Reguant's defense had the opportunity to raise four questions prior to the court.

One of them, that this fine meant that the accused had already been sanctioned for what happened and that a new sentence would now mean violating the principle of

non bis in idem,

which prevents a double sanction for the same acts.

The lawyer has raised other questions that this Tuesday have remained unresolved and that will be addressed when the new trial is held.

One of them, that the sentence would suppose a violation of the rights to the ideological freedom and of expression.

The prosecutor has rejected that this is so, emphasizing that the Constitution itself places limits on these freedoms, which are not absolute.

And he has recalled that the Constitutional Court has just rejected the appeal of former president Joaquim Torra, alleging that his conviction for disobedience did not entail any attack on those rights that Reguant now wields.

What the prosecutor has agreed on is that it should have been the Supreme Prosecutor's Office and an investigating judge of the court who issued the indictment and the order that sent the case to trial.

He thus supported that the cause be brought back to the moment before the issuance of those writings.

When they are issued and they meet again in the Courtroom of the Supreme Court, he will once again ask for Reguant's sentence to four months in prison.

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