A German court has ruled that former Catalonian leader Carles
Puigdemont can be released on bail pending an extradition
decision.
The independence leader may still be extradited to Spain based
on corruption charges, but not on the more serious charge of
rebellion. The court set bail at 75,000 euros (£65,500).
Puigdemont was arrested last month after crossing into Germany
from Denmark on 25 March. Spain, which has accused the Catalan
leader of rebellion and misuse of public funds, had issued an
arrest warrant for Puigdemont’s capture after he organised an
unsanctioned independence referendum.
The announcement from the court is a victory for Puigdemont’s
lawyers, who had filed an appeal with German authorities stating
that the charge of rebellion was unjustified because the instances
of violence in the lead up to the referendum last October were
relatively isolated. The crime carries a sentence of up to 30 years
in Spain.
Under the EU’s ‘double criminality’ regulations, the country
which receives the request for extradition must find a comparable
crime within its own legal system. In this particular case, the
charge of ‘misuse of funds’ has an equivalent in the German penal
code, however, the Spanish conception of ‘rebellion’ does not.
Separately, the former head of the Catalan police force was
charged with belonging to a criminal organisation and sedition due
to his role in the referendum. A Spanish judge ruled that Josep
Lluis Trapero belonged to a complex criminal hierarchy headed by
Puigdemont.
A German court has ruled that former Catalonian leader Carles
Puigdemont can be released on bail pending an extradition
decision.
The independence leader may still be extradited to Spain based
on corruption charges, but not on the more serious charge of
rebellion. The court set bail at 75,000 euros (£65,500).
Puigdemont was arrested last month after crossing into Germany
from Denmark on 25 March. Spain, which has accused the Catalan
leader of rebellion and misuse of public funds, had issued an
arrest warrant for Puigdemont’s capture after he organised an
unsanctioned independence referendum.
The announcement from the court is a victory for Puigdemont’s
lawyers, who had filed an appeal with German authorities stating
that the charge of rebellion was unjustified because the instances
of violence in the lead up to the referendum last October were
relatively isolated. The crime carries a sentence of up to 30 years
in Spain.
Under the EU’s ‘double criminality’ regulations, the country
which receives the request for extradition must find a comparable
crime within its own legal system. In this particular case, the
charge of ‘misuse of funds’ has an equivalent in the German penal
code, however, the Spanish conception of ‘rebellion’ does not.
Separately, the former head of the Catalan police force was
charged with belonging to a criminal organisation and sedition due
to his role in the referendum. A Spanish judge ruled that Josep
Lluis Trapero belonged to a complex criminal hierarchy headed by
Puigdemont.
Read more https://nairalaw.com/catalonian-separatist-carles-puigdemont-to-be-released-on-bail/