The Spanish Tribunal Constitucional has scheduled a plenary session for 6 October 2026 in Madrid to consider, among other matters, applying the amnesty law to the offence of misappropriating public funds (in Spanish: malversación). The date appears on the court’s official agenda. According to public reporting by broadcaster RTVE, the question of whether the amnesty also covers this offence, among the key points of the advice.
The decision is directly relevant to the case Carles Puigdemont . A national arrest warrant issued in connection with proceedings over the 2017 independence referendum is in force against the former President of the Generalitat de Catalunya as of Tribunal Supremo . The investigating judge responsible is Pablo Llarena. Should the Tribunal Constitucional rule that the amnesty applies to misappropriation, Llarena could lift the arrest warrant. This would be a necessary legal precondition for Puigdemont to return to Catalonia without being arrested immediately. However, whether and when such a step is taken is solely a matter for the Tribunal Supremo and depends on the precise content of the Constitutional Court’s decision.
What is confirmed at this point is the date of the plenary session and the matter under consideration; the Tribunal Constitucional has made no advance announcement about the outcome. Any estimates of a specific date for Puigdemont’s return therefore remain speculation. The court is ruling in pending proceedings on the interpretation and scope of the 2024 amnesty law. To date, the Tribunal Constitucional’s practice has been to publish its rulings with reasons; only then can lower courts determine the consequences in individual cases.
Politically, extending the amnesty to misappropriation would have far-reaching implications. It would affect not only Puigdemont but also other defendants associated with the so-called Procés, and would reshape the positions of the party Junts per Catalunya and other Catalan and nationwide Spanish actors. It would also remain necessary, as a matter of law, to determine which proceedings are actually concluded by an amnesty and which subsequent orders—such as the lifting of detention or search measures—would still have to be issued separately.
The status quo remains in place until the Tribunal Constitucional issues a formal decision. The Tribunal Supremo is not bound by advance interpretations and has stated in information notices that orders may be reviewed in light of changes in the law, but only on the basis of final rulings.
Editor: Mira Cadena (Article created with AI assistance).