20230605
5 June 2023

The Supreme Court overturns the dismissal against the Associació Catalana de Municipis for embezzlement for the organisation of the 1 October independence referendum

Breaches:



The Supreme Court overturns the dismissal of the investigation against nine members and managers of the Associació Catalana de Municipis (ACM), after the Barcelona Provincial Court had dismissed the case in July 2021. The Supreme Court considers that the dismissal was rash, since, inter alia, it was necessary to extend the investigation without the people under investigation’s knowledge. Barcelona Provincial Court dismissed the case, criticized Barcelona Investigating Court number 16 and the Prosecutor’s Office for having violated the nine people under investigation’s rights and declared the National Police 21 October 2019 searches to the association’s headquarters null. The Supreme Court refuses that the fundamental rights of the people under investigation have been violated and even though it admits that the annulment can be done anytime, the right moment to do so is in trial, in the step of the previous matters. The Supreme Court thus accepts the Prosecutor’s appeal, overrules the order of July 2021 and orders the resuming of investigating proceedings.

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