Germany "free" Carles Puigdemont. The news, which arrived late yesterday evening – 5 April – left all of Europe stunned. The Court of the German state of Schleswig-Holstein has indeed decided to dismiss the charge of “rebellion” against the former Catalan president contained in the extradition request presented by the Spanish government. The pro-independence leader will be released on bail today on payment of a bail of 75 euros (already paid) -
The reasoning behind the decision has already been disputed by a number of judges. German law does not provide for the crime of rebellion, but a similar one has been identified in the code: that of "high treason". For this crime to take place, however, the use of violence is necessary. Given that Puigdemont did not act violently and that those that occurred on the day of the referendum or following the protests cannot be directly attributed to him, the judges decided to dismiss the accusation.
The former Governor had been aStopped as soon as I crossed the border into Denmark after in European arrest warrant issued by Spain and spent the last eleven days in Neumünster prison.
Ens veiem dema. Moltes gràcies a tothom! # LlibertatPresosPolítics ? pic.twitter.com/quG18LKvQp
— Carles Puigdemont ? (@KRLS) 5 April 2018
A decision that undoubtedly deals a hard blow to the Iberian prosecution system, but which does not mean, as many think, that from now on Puigdemont will be free to continue his life, doing what he pleases.
The German judges have yet to decide what to do with the other offence of which the former number one of the Generalitat is accused, namely that of embezzlement: according to the Iberian justice, in fact, he allegedly used public funds irregularly for the independence referendum of 1 October, considered illegal by both the Spanish judiciary and government .
What happens now? Puigdemont leaves prison, but will have to stay in Germany and await the decision on extradition for embezzlement. In the event that the judges accept Moncloa's request, his judicial position would in any case be lightened because in any case Spain could not send him to trial for rebellion (the most serious offence), but “only” for embezzlement and disobedience..
But be careful because what has just been said applies only and exclusively in the event that Puigdemont is extradited. If, on the other hand, the former president returns to Spain at his will, he will go to trial for all the crimes he is accused of in his homeland, including rebellion. In fact, two different arrest warrants weigh on his head: a European one (issued following the "self-exile of Puigdemont in Belgium) and an" internal "one:
Meanwhile, in Belgium - in the wake of what was established by the German judges - the 3 former Catalan ministers Meritxell Serret, Toni Comin and Lluis Puig were released without bail until the conclusion of the procedure, whose extradition Spain is requesting.
