20230112
12 January 2023

Pablo Llarena issues a new prosecution order against the leaders of the 1 October referendum

Breaches:



Supreme Court judge Pablo Llarena issues a new prosecution order against Carles Puigdemont, Toni Comín, Clara Ponsatí, Lluís Puig and Marta Rovira in the case against the leaders of the 1 October referendum, replacing sedition with disobedience, the same day the Criminal Code reform removing the crime of sedition and introducing the crime of public disturbance goes into effect. In the prosecution order, Llarena criticises the reform, arguing that it essentially decriminalises the events of 2017. He maintains the charges for the aggravated form of embezzlement, even though the reform of the Criminal Code establishes new, less serious forms of the crime. He also issues new national arrest warrants and withdraws the international and European Arrest Warrants against all of those charged, saying that he will not issue more until decisions are handed down regarding parliamentary immunity and the questions he had referred to the CJEU for a preliminary ruling. In the coming days, the Prosecutor’s Office and State Attorney’s Office will appeal Llarena’s prosecution order and will also seek aggravated public disturbance charges against Puigdemont, Comín and Ponsatí. In the case of Rovira, only the Attorney’s Office will seek this charge. On 21 March, Llarena dismisses all appeals in a new order. The judge therefore confirms the prosecution, and Puigdemont, Comín and Ponsatí’s lawyers further appeal the decision.

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