April 15, 2021

Trial to the 'proces': why Puigdemont will not be judged in absentia? | My rights section

Trial to the 'proces': why Puigdemont will not be judged in absentia? | My rights section

The ex-president of Catalonia, Carles Puigdemont, like other ex-directors escaped independence, will be able to follow the sessions of the trial to the you procés from home. He and other escaped they will not be judged in absentia. The reason is that the law excludes this possibility when the penalty that may be imposed on the absent accused exceeds two years of imprisonment or the six years if the penalty was of another nature.

In the case of Puigdemont, as recalled by the previous State Attorney General, Julián Sánchez Melgar, there has also been no written provisional ratings to indicate the specific crimes for which he would be accused and the penalties requested. Judge Pablo Llarena decided to withdraw the European arrest warrant and declare in absentia the former president. This implied that once the investigation was concluded, the process was filed only with respect to the rebels. Therefore, the Supreme Court has begun the trial only with the twelve accused present. This does not imply, however, that the case can not be reopened in the future for Carles Puigdemont and other ex-leaders declared in absentia.

When can you judge in absentia?

The possibility of holding the oral trial in the absence of the accused is exceptional. The need for the defendant to be present at the assisted trial of a defense lawyer is a general principle included in Article 8 of the Universal Declaration of Human Rights. Article 786 of the Law of Criminal Procedure regulate this exceptional assumption.

So that a trial without the physical presence of one of the defendants, the law requires that the absence be unjustified, that he has been summoned warning him of the possibility of holding the hearing in his absence, that the Public Prosecutor or the prosecution has requested it and that the court considers that there are sufficient elements for the prosecution. Of course, the uninterrupted presence of the lawyer of the absent defendant, who will exercise the technical defense, It is prescriptive. Finally, the law requires that the penalty requested not to exceed two years of deprivation of liberty or, if it is of a different nature, its duration does not exceed six years.

To learn more about how a trial develops in the absence of the accused, click here.


Source link