The Spanish Tribunal Constitucional ruled on 7 October 2026 that the 2024 amnesty also applies to the offence of Malversación in the context of the Catalan independence process (procés). The decision was reached by seven votes to five and sent to the Tribunal Supremo on the same day with the full reasoning and a dissenting opinion (voto particular) by the dissenting judges.
According to the court, the ruling corrects an overly narrow interpretation of the amnesty rules by certain criminal chambers of the Tribunal Supremo. The majority considers that this infringes the fundamental rights of those affected, particularly the right to effective legal protection. The written reasoning is based on a majority draft by court president Cándido Conde-Pumpido dated 6 October 2026 and clarifies the criteria for determining which acts committed as part of the procés fall under the statutory amnesty.
The dissenting opinion by five judges criticises the scope and reasoning style of the majority decision. The signatories accuse the majority of exceeding the limits of constitutional review and dispute that the relevant offences of malversación must necessarily be covered by the amnesty. The voto particular is available as a separate text and has no binding effect, but documents the disagreement within the court.
There are immediate implications for pending proceedings before the Tribunal Supremo and lower courts. They must consider whether relevant convictions or investigations for malversación in procés cases fall under the amnesty now reaffirmed. In practice, this could lead to the lifting of criminal measures such as arrest warrants or travel restrictions, and to the discontinuation of individual proceedings. The specific implementation depends on the courts concerned; applications from the parties to the proceedings are expected.
Politically and legally, the decision marks a turning point in the reckoning with the Catalan independence conflict. It distinguishes between the Tribunal Constitucional’s constitutional interpretation of the amnesty and its application by the ordinary courts. At the same time, the published voto particular highlights continuing constitutional disagreements over the scope and limits of an amnesty for public-sector property offences.
The ruling is dated 7 October 2026. Having been sent to the Tribunal Supremo, it is authoritative for lower courts when they decide whether the amnesty applies in relevant procés cases.
Editor: Mira Cadena (Article created with AI assistance).