Carles Puigdemont has been freed from custody in Germany today and the court in Schleswig-Holstein determined that the charge of violent rebellion was inadmissible in his case. The closest comparable crime to rebellion in Germany is “high treason”, but the court determined that this was not applicable because the requirement of violence was not met.
Only the petition for the crime of embezzlement can now be considered and some clarification on that charge has been requested. If Puigdemont were to be extradited by German judiciary, he could only be tried in Spain for embezzlement and not rebellion.
Puigdemont has been released on bail with a bond of €75,000.
German judges have ordered Catalonia’s 130th president, Carles Puigdemont, to remain in custody in the northern German town of Neumünster as their courts decide on Spain’s extradition request. They have 60 days to make a decision.
Although rebellion, which carries a maximum penalty of 30 years in jail in Spain, is not a crime under German law, the German prosecutor has argued that the rebellion charge “contains in essence the accusation of calling an unconstitutional referendum despite violent riots that could be expected” matching the German charge of “treason”. “Word-for-word conformance between the German and Spanish criminal codes is thus not legally required,” the prosecutor’s statement said. Continue reading Puigdemont remains in prison in Germany