Los mossos, on July 6 at the Madrid Court. (Photo: Europa Press via .)
The National Court has acquitted this Friday of a cover-up crime the two Mossos d’Esquadra who, on their days off, accompanied former Catalan president Carles Puigdemont through several northern European countries until his arrest in Germany.
The sentence considers it proven that the two agents, Carlos de Pedro L. and Xavier G., for whom the Prosecutor’s Office requested a year and a half in prison, helped Puigdemont, aware that he was being investigated in Spain by the ‘procès’ and that there was a European arrest warrant against him, but he concludes that the facts cannot be classified as a cover-up crime.
The head of the Central Criminal Court of the National High Court, Jose Manuel Fernandez-Prieto, analyzes in his sentence the article of the Criminal Code that typifies concealment and concludes that in this specific case the crime could only be convicted if the agents were they would have tried to cover up events classified as rebellion, and not as sedition, and if the former president had acted with abuse of public functions, requirements that do not concur in this case.
The magistrate recalls that the facts tried in the procès were classified by the Supreme Court as sedition and not rebellion
The magistrate recalls that the facts tried in the case of the ‘procès’ were finally classified by the Supreme Court as a crime of sedition and not rebellion, as defended by the Prosecutor’s Office, so the facts could not be classified as a cover-up and understands that there was not a crime either. abuse of public functions as the two agents were at that time enjoying a vacation leave.
The sentence declares proven that the two mossos, taking advantage of the days off from service, picked up Puigdemont in Stockholm (Sweden) and began a trip with him through several European countries until his arrest on March 25, 2018 in Germany, two days later. of the reactivation of the Euroorder issued by the Supreme Court when it was in Helsinki (Finland).
The intention of the defendants, according to the judge, was therefore “to help Carles Puigdemont to return to Belgium and avoid his identification in some place where they could execute the European arrest warrant”.
The intention of the defendants was to help Puigdemont to return to Belgium and avoid his identification
To do this, on March 19, 2018, the two mossos “by mutual agreement” traveled to the town of Waterloo (Belgium), where Puigdemont resides after his flight in 2017.
Days later, on March 23, the day the euro order was issued, “an unidentified person” asked them to go to Stockholm (Sweden) to look for the former president in a Renault Espace and take him to Brussels.
On March 25, when they were returning, “German police officers (BKA) intercepted the indicated vehicle in the Jagel pendulum passenger car park, BAB7 motorway (Germany), which runs between the border with Denmark and the city of Hamburg”, remember the sentence.
At that time, Puigdemont was detained and the other four remaining occupants of the vehicle were identified and allowed to continue their journey.
Two other investigated
In this same procedure, the other two companions were also investigated: the historian Josep Lluís Alay and the businessman and senator from Junts Josep María Matamala, a friend of the former president, although the judge finally filed the investigations into them as they were not civil servants.
The sentence makes it clear that the alleged crime of concealment prosecuted (and for which the Prosecutor’s Office initially requested a sentence of 3 years that was later reduced to 18 months), ended at the time of the arrest of Puigdemont.
“Consequently, everything that could happen at a later time, when the defendants return to Spanish territory, are issues that are completely unrelated to the present case, and if the party considers that a criminal act could have been committed after the return of the defendants should promote, if they consider it appropriate, the corresponding action before the competent court ”, the magistrate decides.
This article originally appeared on The HuffPost and has been updated.