Carles Puigdemont reportedly wanted to return to Barcelona from Brussels in the next few months.

The former Catalan prime minister, who fled to Belgium in 2017, was hoping for the criminal justice reform in Spain that has come into force these days.

Today's MEP also benefits from the abolition of the penalty of "incitement to riot" (sedición).

Separatist comrades-in-arms convicted in Spain have therefore already applied for their judgments to be adjusted to the new legal situation so that they can soon return to politics.

Hans Christian Roessler

Political correspondent for the Iberian Peninsula and the Maghreb based in Madrid.

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But for Puigdemont, the chances of an early return have diminished.

He still faces pre-trial detention and many years in prison.

The responsible judge Pablo Llarena updated the arrest warrants of the five Catalans who fled to Belgium, Scotland and Switzerland.

He now only accuses Puigdemont of embezzling taxpayers' money and "disobedience".

Because of the use of state funds for the referendum on Catalan independence on October 1, 2017, which was banned by the Spanish judiciary, this could mean a prison sentence of up to eight years.

This also applies to the two former government members Toni Comín and Lluís Puig who went with him to Belgium.

Puigdemont hopes for the European Court of Justice

Judge Llarena regretted that criminal justice reform created "a context close to decriminalization."

He refrained from applying the also reformed paragraph, which significantly reduced the penalties for the misappropriation of public funds if it is not about personal enrichment.

Llarena accuses the three Catalans of using the treasury as if it were theirs.

Misappropriation is also punishable in the other EU countries.

According to Spanish lawyers, extradition would therefore be easier than invoking incitement to a riot.

Belgium, Germany and other countries have previously refused to extradite the separatists on the basis of this crime, which does not exist in these countries.

Puigdemont announced on Friday night that he would return "neither in handcuffs nor at the mercy of a Spanish judge".

His lawyers are now relying on European justice.

On July 31, the Court of Justice of the European Union (ECJ) wants to rule on the dispute between the Spanish judiciary and Belgium over the European arrest warrants against Puigdemont and his comrades-in-arms.

The Court of Justice of the European Union (EuGV) will possibly make a statement on his immunity as a member of parliament as early as March.

Judge Llarena, on the other hand, smoothed the way home for two separatist politicians.

He only accuses Marta Rovira and Carla Ponsati of disobedience.

When they return to Spain, they no longer have to fear imprisonment, at most a ban on holding political offices for a few years.