The main barriers to deliver Carles Puigdemont to Spanish justice are the immunity of the Eurocámara and the thesis that Euro-orders are suspended until the EU court is pronounced on the reverse of Belgium. There is more, although with a more favorable prognosis.
If finally italian justice concluded that nothing of the above prevents processing the European order of detention and delivery, it would be checked if the requirements are met for it. Despite being a system based on trust between member countries, when Belgium and Germany did, their conclusion was not, at least partially.
The key to the decision would be interpreting that the facts for whom the former president pursues would also be criminal in Italy, and that, in addition, they would have a penalty greater than three years in prison. Below that figure there is no delivery, nor if the first requirement of double incrimination is not met.
In the case of Germany, the magistrates of the Schleswig-Holstein court said that the 1-o would not have alleged a crime of rebellion in that country. So they did not accept the delivery for that crime (yes by embezzlement). Nothing served that the judge of the Supreme Court Pablo Llarena made them see that they should also contemplate as an alternative the crime of sedition - for that they would then be condemned in the Supreme the other leaders of Procrés - and in reality any other, even less serious , which in Germany was penied with that figure of three years.
Transfer the criminal types of one legislation to another is always risky, but in the case of the Italian Criminal Code the offer is wide. Several crimes are intended to protect «L'Unitá dello Stato». One of them is 241, integrated into the block destined for "attacks against integrity, independence and state unity". It punishes who "with violent and suitable acts [....] undermines independence or unity of the state." The prison sentence "will not be less than 12 years," which places it in the tough line imposed by the Supreme: 13 years to Oriol Junquerras.
Actually, it would exceed that penalty, because the Italian standard adds that it will be "aggravated" the conviction if the crime "is committed violation of the duties inherent to the exercise of public functions", which would reach all a president.
Faced with the thesis that the sedition had a disproportionate penalty in Spain, the Court argued that this statement "can not be the result of the semantic comparison of that figure with criminal types in force in foreign systems". And it was an example of harsh penalties for those events in several countries of our environment.
«In Italy, art. 241 of the Penal Code sanctions with a critical penalty of freedom not less than 12 years violent attacks against integrity, independence or unity of the State, "said the Supreme. Something similar collects Article 283, which imposes more than five years - of course for a Euroorden- to whom, "with violent actions execute direct and suitable actions to change the constitution of the State."
Of course, in the event that the Euroorden against Puigdemont went ahead, his defense could always claim that nothing of the Procedes was actually "ideal" to change anything, according to the thesis of the reign that welcomed the Supreme.
The enumeration of possible crimes of the Codice Penale in which to fit facts like those of 1-or is long. The incidents of the voting could be reconnected to the crime called "attack against public official", which would encompass the agents who found resistance to remove the urns from the illegal referendum. "Whoever uses violence or threaten a public official [...] in the exercise of his position [...] will be punished with prison sentence of six months to five years."
In the variety of crimes -There is what a shame with up to two years, the actions that "depress national feeling" - there is that of the "subversive association", with a penalty of five to 10 years. It applies to who "promotes, constitutes, organizes or directs a direct and suitable association to subvert [...] violently [...] the political and legal system of the State".
All these crimes outweigh the three years of conviction and would allow an Italian court to agree on the delivery to Spain of the fugitive Carles Puigdemont.Updated Date: 24 September 2021, 21:40