Supreme Court Rejects Amnesty for Carles Puigdemont for Embezzlement

Carles Puigdemont's Amnesty Suffers Another Setback with the Supreme Court's Decision to Support Judge Pablo Llarena. The 'procés' instructor requested not to apply the amnesty to the crime of embezzlement, for which Carles Puigdemont, Toni Comín, and Lluís Puig are prosecuted. The decision doesn't alter the Government's plans, which still involve applying the amnesty to the former president before the summer.

The most likely outcome is that the final decision will end up in the Constitutional Court, the most political body of the judiciary. Meanwhile, the judiciary continues to resist granting amnesty to the pro-independence leaders led by Puigdemont.

The Supreme Court chamber has dismissed the defense appeals against Judge Llarena's decision. The high court judges believe that Llarena's position doesn't contravene the will of the legislator. That is, it endorses the instructor judge's decision not to apply the amnesty to the crime of embezzlement.

Appeals Dismissed

The defenses appealed when the magistrate refused to apply the amnesty to Puigdemont, Comín, and Puig last July. After Llarena reaffirmed his decision, they elevated their appeal to the Supreme Court. The prosecutor showed a favorable opinion toward accepting the appeals, with a very harsh statement against Judge Llarena.

But the chamber judges have considered that this doesn't contravene the principles of law, and therefore they validate it. Additionally, they reason their decision.

For the Supreme Court, the modification of the law contemplates that the amnesty will not be applied to the crime of embezzlement "when acted with a purpose of personal gain of a patrimonial nature." This obliges the court to interpret the exception. In this sense, it has dismissed the appeals presented by both the defenses and the state attorney and the accusations.

Jurisdictional Route Exhausted

The Supreme Court's decision exhausts the jurisdictional route for the application of Carles Puigdemont's amnesty. This leaves his future in the hands of the Constitutional Court, where the progressive Government has a majority. Carles Cerdán, from the PSOE, recently promised the leaders of Junts that the amnesty would arrive in the coming weeks.

It is most likely that, indeed, the Constitutional Court will end up forcing the Supreme Court to apply the measure of grace to Carles Puigdemont. It will be the end of the tortuous legal battle between Carles Puigdemont and Pablo Llarena. And the culmination of the investiture agreement that made President Pedro Sánchez in November 2023.

The Supreme Court's decision is not final, but it does prolong Carles Puigdemont's agony a bit longer. The delay of the amnesty harms his credibility, as it was one of the PSOE's promises in the investiture agreements. A year and a half later, the amnesty remains hanging in the air.