Supreme Court vs National Court in Spain

Yesterday the Supreme Court in Spain requested details of the prominent Catalonia-related cases currently being prosecuted in the National Court. Both courts are handling a variety of high profile cases relating to the same events in Catalonia: the referendum on 1 October 2017 and the declaration of independence on 27 October 2017.

Supreme Court judge, Pablo Llarena, is seeking to bring all the cases under his jurisdiction. Judge Carmen Lamela in the National Court was responsible for imposing the maximum precautionary measure, imprisonment without bail, on the 2 civic movement leaders and 8 Catalan ministers.

Here is a summary of the cases currently being prosecuted in each court:

Supreme Court
Tribunal Supremo
National Court
Audiencia Nacional
Judge Pablo Llarena Judge Carmen Lamela
Judge Pablo Llarena is currently ruling on: Judge Carmen Lamela is currently ruling on:
Carme Forcadell
Imprisoned for one day
Pending payment of €150,000 bail
9 November 2017
on charges of sedition, rebellion and misuse of public funds
Jordi Cuixart i Navarro
Jordi Sànchez Picanyol
Imprisoned without bail
16 October 2017
On charges of sedition
Lluís Corominas
Lluís Guinó
Anna Simó
Ramona Barrufet
Granted one week to pay €25,000 bail
9 November 2017
on charges of sedition, rebellion and misuse of public funds
Dolors Bassa Coll
Meritxell Borràs i Solé
Oriol Junqueras i Vies
Raül Romeva i Rueda
Joaquim Forn Chiariello
Carles Mundó Blanch
Josep Rull i Andreu
Jordi Turull i Negre
Imprisoned without bail
2 November 2017
on charges of sedition, rebellion and misuse of public funds

Glimmer of hope for release?

If Judge Llarena in the Supreme Court succeeds in taking over the handling of all these cases, there is naturally a glimmer of hope for bail and the release of the 10 defendants imprisoned by the National Court. Telesur speculated on the legal reasoning for the Supreme Court move and the implications for possible cases against Puigdemont and the 4 ministers currently in exile in Belgium:

The move to place all Catalan independence cases under Supreme Court jurisdiction also comes due to the fact that all are being accused of sedition and rebellion, charges that are considered, under Clause 472 of the penal code, to be group activities, and so can’t be tried individually.

If carried out the Supreme Court would eventually assume responsibility of the possible cases of ex-President Carles Puigdemont and his four cabinet members who are in Belgium awaiting a Brussels judge’s decision on possible extradition to Spain.

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