Public prosecutor requests new European arrest warrant for Puigdemont

Former president and former minister Toni Comín lost parliamentary immunity following recent European court ruling

Former president Carles Puigdemont and former minister Toni Comín, both MEPs for Junts, speaking to media outlets after MEP Clara Ponsatí had been arrested on her return to Catalonia on March 28, 2023
Former president Carles Puigdemont and former minister Toni Comín, both MEPs for Junts, speaking to media outlets after MEP Clara Ponsatí had been arrested on her return to Catalonia on March 28, 2023 / Nazaret Romero
Catalan News

Catalan News | @catalannews | Barcelona

July 24, 2023 12:53 PM

July 24, 2023 01:53 PM

Spain's public prosecutor has asked the Supreme Court judge in charge of the investigations related to the 2017 independence referendum to file a new European arrest warrant for former Catalan president Carles Puigdemont and former minister Toni Comín.

The decision comes after the pair had their parliamentary immunity as MEPs stripped earlier this month

Prosecutors believe that, despite the fact that the ruling over Puigdemont and Comín's immunity can be appealed to the Court of Justice of the European Union (CJEU), such an appeal "does not have a suspensive effect."

The public office is asking for arrest warrants to be issued for the crimes of serious misuse of public funds and disobedience. 

Previously, the former Catalan president was wanted for sedition, but this was removed from the Spanish penal code in 2022, partially replaced by an expanded crime of 'aggravated public disorder.'

However, prosecutors already ruled out that the events of Catalonia's independence push in 2017 constituted 'aggravated public disorder,' and as such, Puigdemont and Comín are now only wanted for the lesser crimes of misuse of funds and disobedience.

Aggravated charges of misuse of funds can carry a prison sentence, but disobedience does not.

After the news, Puigdemont tweeted: "One day you are decisive in order to form a Spanish government, the next day Spain orders your arrest." 

Junts per Catalunya could potentially be kingmakers following Sunday night's general election, as the results pointed toward a hung parliament. 

Neither the left- or right-wing bloc won enough seats to form a majority, meaning discussions will be needed if a new Prime Minister is to be named, and Junts per Catalunya would likely be key to those talks.