20180709
9 July 2018

Llarena concludes the summary trial against the leaders of the 1 October referendum

Breaches:



Magistrate Pablo Llarena concludes the summary trial against the leaders involved in the 1 October referendum and declares that the interlocutory order of prosecution against all those prosecuted except Toni Comín and Meritxell Serret is final. Therefore, Llarena agrees with Comín and Serret who had alleged that they were not present in person during the proceedings when it was issued. He also states that the prosecuted members of Parliament (Carles Puigdemont, Oriol Junqueras, Jordi Turull, Raül Romeva, Josep Rull and Jordi Sànchez), except for Comín, are to be suspended based on Article 384 bis of Criminal Procedure Law, which allows for those prosecuted for terrorism or rebellion to be suspended from their public positions. Llarena establishes that the Bureau of Parliament has the obligation to adopt the necessary measures to make the suspension effective and leaves it in the hands of the Parliament to ensure the suspended ministers are replaced in a ‘full’ but ‘temporarily’ way by other MPs from their party. On the other hand, the judge declares Puigdemont, Comín, Ponsatí Puig, Serret, Rovira and Gabriel to be in rebellion, that is to say, exiled, because they are not appearing before the court. Therefore, the case against them remains in abeyance. Puigdemont, Junqueras, Turull, Romeva, Rull and Sànchez are appealing against their suspension as ministers.

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