¿Qué pasará con Puigdemont?

El futuro de Carles Puigdemont continúa en el aire. Para muchos, su puesta en libertad bajo fianza tras ser detenido en Alemania supuso toda una sorpresa. Sin embargo, los que conocemos a fondo las leyes podíamos intuir la decisión que tomaría la justicia alemana. Para que una extradición sea efectiva es necesario que los delitos de los que se acusa a la persona tengan su equivalencia en el ordenamiento jurídico del país en el que se encuentra. De esta manera, quien envía al requerido puede garantizar que sus derechos se seguirán respetando en la nación de destino.

Son dos los delitos por los que las autoridades españolas quieren juzgar a Puigdemont: malversación (432 del Código Penal: Administración desleal sobre patrimonio público) y rebelión (472 del Código Penal: Alzarse violenta y públicamente contra la Constitución o declarar la independencia de una parte del Estado). ¿Cuál es el problema? El tribunal alemán cree que la violencia organizada que implica el delito de rebelión -Alta Traición en tierras germanas- no está acreditada en el caso de Puigdemont. De hecho, ni siquiera pueden acreditarla los tribunales españoles porque el procedimiento está aún en fase de instrucción, es decir, no ha habido juicio y, por tanto, no hay resolución que pruebe el delito.

Vamos a dar un paso más en este asunto. El artículo 21 Ley 4/1985, de 21 de marzo, de extradición pasiva indica que es necesaria una autorización ampliatoria de la extradición concedida si se quiere juzgar a la persona entregada por hechos distintos a los que motivaron su extradición. Una autorización que no es necesaria si el implicado queda libre y permanece más de 45 días en el Estado al que se entregó o regresa al mismo después de abandonarlo. Entendemos que los hechos que motivaron los delitos de malversación y rebelión son los mismos y, por tanto, no podrían ser objeto de ampliatoria en el caso del expresidente catalán.

Creemos, por tanto, que España ha corrido un riesgo innecesario al solicitar la extradición, pues ahora el procedimiento judicial de Puigdemont en España dependerá de lo que decida un juez alemán. Así, si no se admite la rebelión, la condena a la que tendrá que hacer frente el expresidente de la Generalitat será muy inferior a la del resto de implicados que no se fugaron del país.

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