The investigating magistrate of the cause of the ‘procés’, Pablo Llarena, has issued an order to conclude the summary regarding the former Minister of the Generalitat and MEP Clara Ponsatí, to whom he attributes an alleged crime of disobedience.

The judge points out that, once the necessary procedures have been carried out, no further investigation is considered necessary, and it is appropriate to conclude the summary regarding it, sending testimony of the case to the Chamber, for the signaling of trial.

In the car, the investigator recalls that Ponsatí, prosecuted in absentia, was arrested yesterday, July 24, in Barcelona, ??and that after the investigative statement was made, she was provisionally released.

Initially, Ponsatí was prosecuted for the crime of sedition. However, after her repeal, the instructor modified her crimes and only left disobedience, which does not carry a prison sentence.

Clara Ponsatí, together with Marta Rovira, has been, in judicial terms, the great beneficiary of the repeal of the crime of sedition. Of the five declared in absentia in the case of the procés, only for them two the prison sentence has disappeared and they are only now prosecuted for a crime of disobedience, which carries a sentence of disqualification of up to two years.

Unlike former president Carles Puigdemont or former minister Toni Comín, Ponsatí is not charged with the crime of embezzlement of public funds, which would carry a penalty of up to twelve years in prison. The ruling of the Supreme Court by which Oriol Junqueras and eight other pro-independence leaders were convicted of sedition, already certified that from the Ministry of Education for which she was responsible there was no diversion of public funds to organize the referendum on October 1 in 2017.

For this reason, Ponsatí since the sedition was repealed has returned to Spain twice without risk of ending up in prison. The reason why she has been arrested both times (although later released) was because she had a court summons pending to be informed of the prosecution and to proceed with the investigative statement.

Once this procedure has been completed, the MEP will probably not be claimed by the courts until the oral hearing is held.