The stages of the Catalan independence process trial

1. Instruction
This begins with the presentation of the prosecutors’ complaints of sedition and rebellion and their admission by the courts.
The Supreme Court appoints an instructing judge, Pablo Llarena, to carry out the actions.
At this stage, the people involved are investigated as being allegedly responsible for certain crimes. Investigations are carried out, either strengthening or overturning the suggestions of wrongdoing.
In the case of those investigated for rebellion, the courts, at the request of the Prosecutor’s Office, decide to remand them in custody because of the risk that they will abscond, repeat the offences or destroy evidence.
The prisoners repeatedly demand their freedom, without success.
The instruction phase is completed in March, when the judge says that he has sufficient indications that the crimes of rebellion, misuse of public funds and disobedience have been committed, as included in the interlocutory proceedings.
Once this has been confirmed, the case changes hands. Llarena completes the interlocutory proceedings of the pre-trial phase and the case goes to the Supreme Court for trial.
2. Intermediate phase
The court reviews the case again, confirms the conclusions of the pre-trial proceedings and orders the opening of the trial.
The period for the prosecution to present its provisional conclusions in written form begins. This is the time when formal charges are brought and the alleged facts are specified, together with the penalties demanded, while the evidence to be used in the trial is stated.
Once the written prosecution statements the defence has asked have been presented, in the pre-trial review procedure the defence asks the Supreme Court to study whether it is the competent court for the trial.
At this point, the Spanish Supreme Court decides to split the trial into two. It keeps the prisoners and former ministers and sends the members of the Bureau of the Catalan Parliament and the former Catalan MP Mireia Boya to the High Court of Justice of Catalonia.
The defence lawyers have ten days from the Supreme Court’s decision to present their case in writing.
Once the prosecution and defence cases have been presented in writing, a decision is made on which evidence to accept. Then a date for the trial itself is set.
3. Trial hearing
This is the time for presenting all the evidence so the court –in this case made up of seven members– can give its verdict. In principle this phase is public, with certain exceptions. The president of the court will run proceedings as follows:
- 3.1 Preliminary issues
  The parties begin the hearing putting forward the evidence and parts of the instruction case they want to challenge, add or withdraw. The court takes them into account and can decide them at the time or leave the decision to be included in the verdict.
- 3.2 The defendants’ evidence
  Key phase of the trial. This is the time when the prosecution and the defence will ask the defendants questions to prove their guilt or innocence. A defendant may answer all the questions or refuse to answer the prosecution.
- 3.3 Evidence from witnesses
  This is the time when the witnesses called by the parties give their evidence, starting with the prosecution. Witnesses must always tell the truth. If they do not, they can be accused of the offence of perjury, which is punishable with a prison sentence.
- 3.4 Expert evidence
  The authors of technical reports commissioned by the parties or by the instructing judge give their evidence to prove or refute the allegations against the defendants.
- 3.5 Documentary evidence
  All the documents presented by the parties appearing at the trial are reviewed and reproduced in court.
- 3.6 Reports
  Having completed the evidence phase, the President of the Court asks the State and other prosecutors to speak to give information about the facts and their views on the crimes, the defendants’ participation and civil liability. It is at this point when the record of provisional conclusions presented at the intermediate phase can be amended. It will then be the turn of the defence lawyers.
- 3.7 Final statements
  The President of the Court will ask the defendants if they have anything to say. Once they have spoken, the judge will reserve judgement.
4. Verdict
The Supreme Court makes a decision, gives reasons for it in its verdict and notifies the parties. This is a Supreme Court trial so there is no possibility of appeal because the case cannot be reviewed by a higher court. If found guilty, the defendants can only appeal to the Constitutional Court on the grounds of unconstitutionality. If this appeal is rejected, they can go to the European Court of Human Rights.

Anar al contingut

1. Instruction

2. Intermediate phase

3. Trial hearing

3.1 Preliminary issues

3.2 The defendants’ evidence

3.3 Evidence from witnesses

3.4 Expert evidence

3.5 Documentary evidence

3.6 Reports

3.7 Final statements

4. Verdict