The amnesty law is not yet in force, but has already led to the suspension of a trial. The Criminal Judge number 2 of Girona has postponed until November next year the hearing that was scheduled to be held next December 12 and 13 due to the cutting of the AVE tracks on the occasion of October 1, 2018. They sit on the bench four of the 21 initial defendants for whom the prosecution is asking for four years of prison.
The suspension of the trial It has occurred at the request of the defenses, to which the State Attorney’s Office has joined. The Prosecutor’s Office has opposedas he also did in the hearing that was held in the Court of Accounts against the former president of the Generalitat Carles Puigdemont and 35 others sued for 1-O and the Government’s foreign actionwhen a similar request was made by the defense attorneys.
The public ministry’s argument is that a law whose parliamentary processing has just begun cannot be applied and whose “content is uncertain” because it can still be modified. For their part, the State Legal Services, which deviated from the procedure due to accounting responsibility, They are based on “the personal and material cost for all those involved and the principle of procedural economy”.
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After taking into account that a witness cannot be located and that the Mossos d’Esquadra agent whose illness a previous accusation was suspended is still on leave, the lawyer for the administration of justice proceeds to postpone the hearing for one year. She declares that “even though the amnesty law is not in force at this time, it is in parliamentary process and in its current wording it includes, within its objective scope, the facts that are the subject of this case, therefore, If its approval was successful, it would have made holding a trial with such high material and personal cost useless.“.
Therefore consider more “judicious to postpone the trial date with a sufficient time margin to clarify the legislative situation of the aforementioned bill, the location of the witness and the recovery of the agent.” In such a way that it will be held in November of next year “without prejudice to a new suspension if this is indicated for reasons of legal certainty,” he clarifies.