The TC provides for amnesty for the offence of embezzlement of public funds

The Constitutional Courtwill hold a full  onTuesdayand  provides for the approval of an amnesty for embezzlement of public funds to Catalan independence leaders . The session will be attended by two presentations   that advocate the application of the grace measure and criticize the Supreme Court. 

Constitutional Court judges will meet to discuss appeals filed by Junts "Secretary General Jordi Turull and ERC's exconseller Dolors Bassa, but the decision could accelerate the return of former Catalan President and Junts leader Carles Puigdemont.

In the last two weeks, the drafts of the two papers, both in favour of amnesty for the embezzlement of public funds, have become known, although they differ in their wording. Turull's is written by Judge José María Macias, a conservative and anti-amnesty bloc, and Bassa's is the work of the President of the Constitutional Court, Cándido Conde-Pumpido, of the progressive sector.

In the latter paper, the Supreme Court's decision is more clearly criticised. Conde-Pumpido notes that the Supreme Court madea "broad interpretation, contrary to spirit and purpose" of the amnesty law, while stressing that the Court of Justice of the European Union in its judgment of last July, while guaranteeing amnesty, ruled that "the application of amnesty does not affect the financial interests of the European Union".

On the other hand, Macias acknowledged on 22 September that his report on the granting of amnesty to Turull, against amnesty, was not supported by the majority of the Constitutional Court, so he decided to reject it and draft a new report.

On this occasion, his report states that the Supreme Court "deviated from the purpose of therule, and made a logical failure "; that is to say, it applied" an order that does not conform to the purpose of the rule itself  ", and therefore advocates the restoration of the law by declaring null and void the decisions of the Supreme Court which denied it amnesty.

This debate on amparo remedies comes after the Court of Justice of the European Union granted its support to the amnesty, in which it rejects one of the premises used by the Supreme Court not to grant the amnesty definitively, namely that the referendum affected the financial interests of the European Union. Supreme sources state that if the Constitution considers the amparo remedies of Turull and Bassa and provides that they can be extended to the rest of those who have appealed, the amnesty will also apply to Puigdemont.