Constitutional Court Approves Amnesty for Turull's Misappropriation, Paving Way for Puigdemont’s Return

The Constitutional Court has decided to shift its approach regarding the application of amnesty, accepting that the misappropriation related to the 'procés' may be granted amnesty, which opens the door for the possible return of **Carles Puigdemont**.

The **Constitutional Court** has taken a significant step that could change the judicial landscape of the 'procés'. The reporting judge, **José María Macías**, has decided to draft a report favorable to the amnesty for the misappropriation, a key crime in the Catalan independence cause. This decision, which aligns with the pogre majority of the court, contradicts his initial report defending the Supreme Court's refusal to pardon this type of crime if personal benefit had been obtained.

## The Rapporteur's Change of Course

The initial report by **Macías**, affiliated with the conservative sector of the Constitutional Court, maintained that the Supreme Court's resolutions were not arbitrary or patently mistaken, and that the interpretation of the misappropriation crime by the Supreme Court aligned with current doctrine. He argued that the high court's interpretation could not be described as surprising or capricious. However, due to the lack of majority support for his view, **Macías** has opted to draft a new text that reflects the sentiment of the majority.
This change in approach occurs within the framework of deliberation on the protection appeal filed by former councilor **Jordi Turull**.

## Misappropriation and Personal Benefit

The crux of the matter for applying amnesty to misappropriation lies in the interpretation of 'personal benefit.' The Supreme Court had argued that if the independence leaders obtained a personal benefit, the misappropriation crime would not be subject to amnesty. The **Constitutional Court's** decision to move toward a looser interpretation could miccionan that the misappropriation, even with a certain degree of benefit, may be forgiven. This point is crucial, as **Carles Puigdemont** and other former high officials remain prosecuted under this premise. The deliberation on the protection appeals trinc after the Court of Justice of the European Union (CJEU) already dismissed another premise of the Supreme Court: that the financial interests of the European Union were affected.

## The Road to Puigdemont's Amnesty

The Constitutional Court’s decision regarding **Turull's** appeal sets an important precedent. If the plenary endorses amnesty for misappropriation, the path for **Carles Puigdemont** would be considerably cleared. The **Supreme Court**, through the investigating judge of the 'procés', **Pablo Llarena**, has indicated that it will expedite its decision on applying amnesty to **Puigdemont** once it knows the details and arguments of the Constitutional Court. If the TC's response is favorable to applying the measure of grace for misappropriation and extendable to other defendants, **Llarena** may not wait for the Constitutional Court to rule on **Puigdemont's** own appeal before making a decision. The national arrest warrant against the former Catalan president, which remains in effect, could be lifted if the amnesty succeeds.