Judge Aguirre refused to grant Puigdemont amnesty for the Russian plot without waiting for the prosecutor's report

The acceleration of the trial of the Barcelona judge Joaquín Aguirre to the case of the Russian plot took place without the advice of the Public Prosecutor on the amnesty. As elDiario.es has learned, the judge refused to apply the law of criminal forgetfulness of the trial to the case without waiting for the prosecutor's report provided for by law. Once the amnesty was denied, the magistrate decided On Tuesday, he decided to take the entire case to the Supreme Court.

The judge's decision not to wait for the Public Prosecutor's Office's advice to deny Puigdemont amnesty adds a new chapter to the magistrate's controversial instruction. Legal sources frame Judge Aguirre's speed in sending the case to the Supreme Court in an attempt to prevent this a new setback for the Barcelona CourtThree weeks ago, the judge ignored an order from his superiors to bring the case to trial or archive it, deciding instead to further investigate the Russian plot.

Other sources consulted go further, recalling that the judge would be forced by law to withdraw from the Russian plot case in the event that the High Court of Justice of Catalonia (TSJC) were to admit that theon the complaint Puigdemont filed against him. Hence the abrupt sending of the entire case to the Supreme Court last Tuesday, which contradicts what the same judge had indicated in his resolution of June 21.

The judge three weeks ago called for several police reports to be drawn up on the alleged Russian interference and said he would not send Puigdemont to the Supreme Court until the “essential part of the investigation” was completed, something that has not yet happened.

In his resolution of June 21, the judge also gave the parties only two days to report on whether the amnesty should be applied to the Russian plot. The time granted was very short, since the other courts charged with implementing the rule give the prosecution and the defense five or even ten days to determine whether the cases should be amnestied.

Furthermore, the judge indicated the two-day period on one of the pages of the order, without mentioning it in the operative part of the resolution, where the decisions are formally communicated to the parties. The amnesty law stipulates that the judge must decide on the application “after hearing” the Public Prosecutor and the rest of the parties.

The little time the judge gave the parties forced the prosecutor in the case, Ricardo Sanz Gadea, to quickly draw up his report. As stipulated in the internal rules of the Public Prosecutor’s Office, the delegated prosecutor of Barcelona sent his document to the head of the anti-corruption department, Alejandro Luzón, for approval. While the report was being approved in Madrid, the judge – who had been verbally informed that the document was being processed – decided to refuse the amnesty, without the Public Prosecutor’s Office having been able to formally present its position to the court.

Now the Public Prosecutor must assess whether to ask for amnesty or to submit the case in the procedure that will be opened before the Supreme Court, or to appeal directly against the rejection of the rule to the Court of Barcelona. The Public Prosecutor must also decide whether to listen to the appeals that some defenses have filed against the judge's decision to open a new separate piece.

Judge Aguirre al announced his intention to send Puigdemont to the Supreme Court because of his status as certified for the Supreme Court, but indicated he would do so “as soon as the essential part of the investigation” of the new separate section that opened on June 21.

Within three weeks there was no progress in the investigation of the case. On the other hand, the greatest activity was that of the defense, which filed a barrage of appeals before the Barcelona Court against the judge's decision to reactivate the Russian plot. The magistrate did not wait for the appeals to be processed either and continued with his attempt to leave Puigdemont out of the amnesty.

The defense asked to declare the reactivation of the Russian plot null and void, as they consider that the judge ignored the order of the Barcelona Court to close the investigation phaseThe magistrate himself acknowledged that continuing the investigation into alleged Russian interference in a new piece was an “alternative solution” to the order of his superiors that led to the case being dismissed.

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