20230619
19 June 2023

The Constitutional Court holds that Lluís Puig’s presumption of innocence was violated in the Sixena case

Breaches:



On 5 December 2019, Osca Investigating Court number 3 declared the commencement of trial proceedings against former Ministers of Culture of the Catalan Government Lluís Puig and Santi Vila for having disregarded and obstructed the judicial order of moving the Museu of Lleida 44 artworks, originally from Sixena Monastery. They were accused of a crime of disobedience and, in the case of Vila, of the crime of impersonation of a public officer. In addition, the court imposed a bail of 88.000 euros to Puig in order to ensure eventual pecuniary liabilities. Puig files an amparo appeal against the aforementioned, since he considers that his presumption of innocence was violated, since including a bail in pecuniary liabilities is an early sentence. The Constitutional Court considers that requesting it when the trial has not yet been held is a decision made based on mere indications and that it entails an anticipation of the sentence, since it equates the accused and the culprit. Therefore, the Constitutional Court considers that Lluís Puig’s presumption of innocence has been violated and overturns the order that commenced trial proceedings and the others that dismissed the appeals against said decision.

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