The judge of Supreme court Pablo Llarena has decided to assume the research opened in the National Court against Carles Puigdemont, the dismissed councilors of the Government and the leaders of ANC and Òmnium for possible crimes of rebellion, sedition and embezzlement in the independence process, legal sources have reported.
Llarena has made this decision today, with which the judge of the National Court Carmen Lamela from now on will continue to investigate the Mossos d’Esquadra, including the former Major Josep Lluís Trapero, for the incidents recorded on September 20 and 21 in Barcelona, as well as other members of the Government of a lower category than the councilors who could be investigated in the future.
In a car, the magistrate agrees like this may the cause remain divided, contrary to what the judge of the National Court Carmen Lamela wanted and also following a different criterion from that of the Prosecutor’s Office, which advocated that only the non-graduates stay in the Court.
Llarena believes that the investigation that Lamela has been leading up to now against the dismissed Government and the leaders of ANC and Òmnium, Jordi Sànchez and Jordi Cuixart, is connected to the case that he has opened in the Supreme Court against the president of the Parliament, Carme Forcadell, and others Five members of the Table (all but one measured) who with their votes facilitated the independence process.
This is so because, for Llarena, the investigated facts of the deputies, the Government and the “jordis” require a “coordinated intervention of all of them”, which “is what can fill with content the unjust contemplated in the crime of rebellion “, of which Sànchez and Cuixart are not charged for now.
The leaders of ANC and Ómnium, also investigated in the Supreme
The magistrate claims in the order to the Lamela court the part of the case relating to the dismissed Government and Jordi Sànchez and Jordi Cuixart, which is incorporated into his against the deputies.
He supports his decision in that the doctrine of the Supreme Court establishes that he can investigate non-graduates only when “there is an inescapable material connection with the facts investigated to the graduated persons,” which is the case in this case.
It also recalls that the unification of the procedure “has a specific functional purpose in the facilitation of the processing and in solving the problems derived from the inespensability of the prosecution.”
In the present case, Llarena points out that one of the crimes investigated is rebellion and that it has a “plurisubjective” character, that is, that a plurality of people participate in it, which marks the need for joint prosecution.
However, the judge decides that the National Court will keep part of the investigation because it considers that in the case of the Mossos there is no such “essential material connection”.
Thus, the judge highlights on the one hand “the actions of the members of the Government and that of the presidents of ANC and Òmnium, to the point that only the coordinated intervention of all of them is what can fill the unfair content contemplated in the crime of rebellion “and, on the other, that of the Mossos and a group of people who have been able to collaborate in the elaboration of the laws in question, which can be examined autonomously.
The criteria followed by both judges have been different so far, since while Lamela sent the nine ex-councilors -among them Oriol Junqueras- who came to testify at the National Court and issued an arrest warrant against Puigdemont and the four ex-councilors who fled to Belgium, Llarena put bail on the six deputies to get out of prison.
In this way, from now on the Supreme Court investigates a total of 22 people, while the National Court only 2, although it is likely that the latter cause will incorporate more investigated in the future.