What happens if Puigdemont does not attend the National Court



Agencies | Drafting

The National High Court could issue a European arrest warrant and the Belgian Police would have to arrest Puigdemont and his councilors.

President Carles Puigdemont and the councilors dismissed by the Spanish Government have been summoned to testify on Thursday at the National Court. The president’s Belgian lawyer has already announced that his client will not come to testify.

Given this, the Prosecutor’s Office could ask the judge who is handling the case, Carmen Lamela, to release the corresponding European arrest and surrender orders (OEDE) and, if approved by the magistrate, the Belgian authorities would have to proceed to the arrest of Puigdemont and his ministers.

The European arrest warrants or Euroorders replace the extradition procedure between the member states of the European Union (EU) with an agile delivery system that has been applied in Spain since 2004.

The OEDE procedure seeks to simplify the procedures and documentation to be submitted by creating a single document to process it.

European regulation reduces grounds for refusal of extradition and abolishes the principle of double criminality in certain circumstances, specifically in a list of crimes that does not include rebellion and sedition, but some corruption, so it could be possible that it could be applied to Puigdemont, who is charged with embezzlement.

Otherwise, the crimes that are attributed to the former Catalan president must be classified in the Belgian legal system so that the arrest and surrender order can proceed.

The process for extradition

According to the Belgian legal system, the six former Catalan officials would be arrested and placed at the disposal of the judge, who would decide on their release or maintenance in prison until it is resolved on the execution of the order.

See also  Scots nurse has brain tumor removed after 'feeling unwell during hospital nightshift'

If the defendants accept their delivery to Spain, it would be done without further complications, but, otherwise, the decision would correspond to the Chamber of the Council of Brussels, which would have a period of fifteen days.

Its decision can be appealed on appeal (which would open a new period of fifteen days) and in the last case before the Court of Cassation, which would have the same time to resolve.

But in addition, the investigating judge could consider that the information contained in the arrest warrant is not enough and require the sending of additional information.

Belgian law establishes a series of reasons why the order may be rejected, for example, the existence of reasons to believe that its execution would have the effect of violating the fundamental rights of the person sought in the Treaty of the European Union.

In any case, if the affected persons accept the delivery, it must be made within the following ten days; if they do not accept it, the decision must be made within 60 days of the arrest.


Related Posts

George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

Leave a Reply

Your email address will not be published.