Briefing
The investigating judge at the Tribunal Supremo, Pablo Llarena, on 3 November 2026 formally concluded the investigation in one of the proceedings against the former President of the Generalitat Carles Puigdemont and transferred the case files to the Sala de lo Penal of the Supreme Court. In his order, Llarena states that he is setting out the procedural position so that the Criminal Chamber can rule on the end of the investigation phase and on a possible final application for dismissal on the grounds of the application of the amnesty . This means that the legal assessment of whether the amnesty covers the charges brought against him is no longer solely within the discretion of the investigating judge.
Spanish news agencies and media outlets report that the move concerns in particular questions about the alleged misappropriation of public funds (malversación), which were examined in parts of the proceedings. The issuing of the order concluding the investigation does not automatically mean that all charges are dropped; the Sala de lo Penal must formally determine whether and to what extent the amnesty applies, and whether a final dismissal or partial archiving is possible. Measures such as national or European arrest warrants must also be considered separately.
Politically, the development has drawn differing assessments: Prime Minister Pedro Sánchez regards the procedural clarification as a contribution to normalisation, while opposition parties are calling for a narrow interpretation of the amnesty. The party Junts welcomed the progress in the proceedings as a success for its position; Puigdemont himself was cautious in his comments and gave no date for a possible return to Spain.
Legally, it remains unclear what consequences a decision granting amnesty might have for administrative or budgetary proceedings, and what appeals those affected might bring against a decision by the Sala de lo Penal. The case files now transferred give the Criminal Chamber the authority to decide on the amnesty’s final effect in this set of proceedings.
Editor: Mira Cadena (Article created with AI assistance).