GlobalThe Supreme Court suspends the January 10 hearing on Ponsatí's appeal against...

The Supreme Court suspends the January 10 hearing on Ponsatí’s appeal against the decision to release her

The Supreme Court (TS) has agreed to suspend for scheduling reasons the hearing that was scheduled for January 10 to study the appeal presented by the former councilor and MEP of Junts Clara Ponsatí against the decision of the instructor of the ‘procés’, Pablo Llarena, to release her after her first arrest in Barcelona. In an order issued this Tuesday, the Criminal Chamber explained that it has adopted this decision “in response to the preferential treatment of other allegations” that are pending. According to the legal sources consulted by ., the appeal court will be made up of judges Vicente Magro, Eduardo de Porres and Susana Polo, the latter as rapporteur. Ponsatí, prosecuted for a crime of disobedience for 1-O, has once again challenged this order of March 28, not for the release itself, but by questioning the criminal nature of the acts with which she is accused, as well as the competence and impartiality of the Supreme Court and Llarena, among other things. The former councilor has already appealed this judicial resolution in reform, that is, before Llarena himself, but he rejected her challenge on June 21, which is why she now goes to the appeal phase. The events date back to March 28, when Ponsatí appeared in Barcelona, ​​ignoring her obligation to appear before the high court, precisely, to be able to make the investigatory statement with which to inform her of her prosecution for 1-O. That day, after being arrested by the Mossos d’Esquadra and taken before a guard court in Barcelona, ​​by virtue of the national arrest warrant that was in force, Llarena agreed to release her and summon her for April 24. But when she arrived at 11:00 that day, she did not appear at the Supreme Court, alleging that she had work in the European Parliament. Llarena understood that her tasks in the European Parliament “are nothing more than the excuse for a new neglect of her procedural obligations”, which she reproached her for neglecting “voluntarily and unjustifiably”, which is why she once again issued a national arrest warrant against her. her. By virtue of it, she was arrested again on July 24, after she herself announced on her social networks that she was in Barcelona. On this occasion, she gave an investigative statement in the courts of Barcelona, ​​which allowed Llarena to conclude her summary. CRIME WITHOUT PRISON Ponsatí’s criminal horizon was cleared after the entry into force on January 12 of the penal reform that repealed sedition and modified embezzlement, forcing Llarena to review the prosecution of politicians residing abroad after the 1- EITHER. Until that moment, the former councilor was being prosecuted for sedition, so the disappearance of this crime – punishable by between 10 and 15 years in prison and disqualification – led the magistrate to replace it with disobedience, punishable by a fine of 3 to 12 months and disqualification from 6 months to 2 years. Although both the Prosecutor’s Office and the State Attorney’s Office asked the instructor to add the new crime of aggravated public disorder, with penalties of 3 to 5 years in prison and 6 to 8 years of disqualification, Llarena ruled it out. Thus, the legal sources consulted by . indicate that the path to be followed by Ponsatí is similar to that already followed before the Supreme Court by the former CUP representative in the Parliament Anna Gabriel and the former councilor Meritxell Serret. After returning from Switzerland and Belgium, respectively, they gave a statement before Llarena and he released them to later end the investigation and move forward to trial.

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