Updated: Tuesday, April 20, 2021 3:38 PM
Published: 04/20/2021 3:37 PM
The Criminal Chamber of the National Court upheld the order of Judge José de La Mata in which he proposed to try the members of the Pujol Ferrusola family for crimes of criminal organization or unlawful association, money laundering, crime against the Public treasury and false documentary.
The third section of the criminal chamber fully confirms the order to proceed with the shortened procedure issued by the instructor for all the persons investigated in this procedure, with the exception of Carlos Sumarroca Coixet, for whom the case is approved, and of Mercé Gironés, from whom two crimes against the Public Treasury are withdrawn.
In its resolution, the court confirms the jurisdiction of the National High Court and indicates that the nuclear acts were committed abroad – mainly in Andorra – by the movement of cash from various accounts opened abroad, including several were titular. Pujol family, stories which, moreover, according to the contested ordinance, were placed in the name of foundations controlled by the said family.
Regarding the qualification of the acts of unlawful association or criminal organization, the Chamber confirms this classification and indicates that the resolution on appeal refers to a clearly concerted action by all members of the Pujol family consisting of the simultaneous opening and closing of bank accounts abroad. , as well as movements of funds between them, which moreover obeys a strategy aiming to conceal their origin and that the car is linked to certain illicit operations which resulted in certain resolutions of the Catalan autonomous administration.
Extended performance over the time of the whole family
“It is a series of actions, extended in time, of all members of the investigated family, that the ordinance supports in the corresponding evidence extracted from the investigative work, determining also, with the same framework in the actions , the respective roles assumed by each member, in the provisional plan specific to this procedural phase, explains the order.
He adds “that we are faced with an illicit association at first and a criminal organization later – taking into account the regulatory change that took place during the period – and not with mere for-profit participants, like the appeal. describes the remaining family members, regarding the allegedly lawful action of Jordi Pujol Ferrusola ”.
In the order that responds to the resources of the Pujol Ferrusola family, the Chamber rejects all the allegations of the investigated and confirms all the crimes for which De la Mata proposes to judge the clan. The court recalls that this legal qualification of the facts is provisional and that it will be the accusations which, on the basis of the facts, will make the typical place in their respective memories.
The court indicates that De la Mata’s order describes – linking it to the evidence obtained at the end of the investigation – “a series of actions by the organization, presumably composed of the appellants, aimed at guiding various administrative resolutions in a certain direction, taking advantage of the position of Mr. Pujol Soley at the head of the Catalan Autonomous Administration, the result or from which significant economic returns were obtained, which were entered into bank accounts at the foreign and subjected to various movements and transfers, to hide their illicit origin ”.
The Chamber accepts the appeal of Carlos Sumarroca and partially that of Mercé Gironés
In the Mercé Gironés Riera case, the Chamber considers its appeal only in the sense of accepting the provisional rejection of the crimes against the Public Treasury for personal income tax for the years 2008 and 2009, confirming the rest of the crimes attributed to him by the judge of La Mata in order to proceed to an abridged procedure.
As regards the businessmen, the court confirms the accusations, except in the case of Carlos Sumarroca Coixet, for whom the file is filed as requested by the prosecution, because no proof of his participation in the events that was attributed to him has not been proven with his son.
In the procedure relating to the businessmen investigated, the magistrates explain that these people had relations with one or more members of the Pujol family and other people.
According to the Chamber, they acted in a concerted manner, with a diversification of functions and also with interventions of different intensity, frequencies and levels, “ as a result of which economic returns have been generated, which the resolution associates with the influence of family members on guiding certain resolutions of the Catalan autonomous administration, returns which in turn have been the subject of transformation operations and movements of various kinds, in order to hide their illicit origin ”.