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Carles Puigdemont can be extradited to Spain, German court rules

Germany would handiest extradite the previous Catalan president Carles Puigdemont to Spain on a rate of misuse of public budget, now not the worse rate of riot, a courtroom has dominated.

The separatist chief was once hung on a Eu arrest warrant in March whilst crossing into northern Germany on the right way to Brussels, the place he was once residing in self-imposed exile.

Spanish courts need Puigdemont to move on trial for riot, sedition and misuse of public budget for setting up an unlawful referendum in Catalonia that resulted in a unilateral declaration of independence in October, with the previous rate probably resulting in a jail sentence of as much as 25 years.

On Thursday morning, the upper courtroom in Schleswig-Holstein accredited Puigdemont’s extradition to Spain at the lesser rate of misuse of public budget, however rejected a request to ship him again on grounds of riot.

A spokeswoman for the courtroom mentioned: “The courtroom made up our minds this morning that an extradition because of the accusation of misuse of public budget is permissible.”

The courtroom thus rejected the German state prosecutor’s argument that the Spanish rate of “riot” may well be equated with the German penal code’s rate of “top treason”.

The ruling approach Puigdemont, who has been residing in Berlin since being launched on bail in April, is not going to have to move on trial for riot in Spain if he’s extradited by the use of Germany.

In step with Reuters, a supply on the subject of Puigdemont’s felony crew mentioned he would nevertheless enchantment towards a choice to extradite him from Germany on any rate.

His German defence crew mentioned in a observation: “The upper regional courtroom Schleswig has rejected the request for the extradition of Carles Puigdemont at the rate of riot. Due to this fact, because the courtroom has explicitly made up our minds, he can’t be prosecuted in Spain for the offence of riot. Then again, towards his extradition on fees with regards to the prices of the independence referendum, the courtroom has no felony objections.

“Puigdemont is handiest being looked for prison prosecution by way of the Spanish government as a result of he enabled a democratic referendum to happen as suggested by way of his citizens. We’re satisfied that Germany will have to now not play any section within the criminalisation of democratic acts of this type, and that it will have to keep out of the extremely charged home disputes of alternative states. For those causes, we will be able to be in an instant reviewing the following steps within the process.”

Further reporting by way of Stephen Burgen

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