WHY HAS THE WIFE OF THE PRESIDENT OF THE GOVERNMENT BEEN PROCESSED?
This week we have learned that the investigating Judge Juan Carlos Peinado proposes to try Begoña Gómez, the wife of the president of the government, for 4 crimes: corruption in business, traffic of influences, misappropriation and embezzlement. He has also prosecuted Gómez's advisor, Cristina Álvarez and the businessman Juan Carlos Barrabés.
It must be remembered that the Provincial Court of Madrid already demanded the investigating judge of Plaza Castilla to justify his judicial decisions. The truth is that in this last order by which he proposes to judge Sánchez's wife among others, he gives legal arguments that support his own decision. They are 39 pages that relate the 4 crimes mentioned above and that rule out that of professional intrusion, points out Judge Peinado, due to lack of evidence.
Ultimately, Judge Peinado indicates that, in case of trial, the investigated parties must be tried by a jury court, that is to say, by the citizenry under the supervision of a magistrate and all this is marked by the crime of embezzlement. The jury court law is clear and embezzlement is within its jurisdiction, therefore, this criminal offense drags the rest of the crimes to a court formed by the people of Madrid.
The defenses already announced that they are going to appeal this order and the last word will be had by the Provincial Court of Madrid, which still has pending to resolve previous appeals from the defenses and prosecution.
Peinado is already close to his retirement and this possibly is the most media-related case that he has instructed until now. In fact, it is a situation never before experienced in the democracy of Spain and he himself has left it reflected in the order mentioning rulers from distant eras:
“however much one searches in jurisprudence, that analyzes or interprets this criminal type [...] a case of similar characteristics will not be found, since the behaviors that come from presidential palaces, like this case, seem more typical of absolutist regimes, fortunately, already forgotten in time in our State, which forces us to try to analyze (perhaps one would have to go back to the reign of Fernando VII) this type from the perspective of a teleological and hermeneutic interpretation”
WHAT IS THE NEXT STEP?
Now the popular accusations, among them, Hazte Oir, must present their indictment briefs. The truth is that this case deviates from the usual in the prosecutor's stance, which asks for the acquittal of Gómez and has shown itself very critical of the instructor's decisions.
After the indictment briefs are submitted, the defenses will have a period of 10 days to make a statement; however, the defenses have already announced that they will appeal the indictment order before the Provincial Court of Madrid.
REACTIONS FROM THE JUDICIAL CAREER AND FROM POLITICS
If we look at the career of San Jerónimo we see a blue bench convinced that judge Peinado is wrong, even the Minister of Justice, Félix Bolaños assured that this decision to prosecute Pedro Sánchez's wife had embarrassed a multitude of Spaniards. The PSOE, Sumar or Podemos have also shown themselves very critical of Juan Carlos Peinado.
From the popular party, they ask for respect for justice and this Thursday the investigating judges of Plaza de Castilla have supported their colleague:
“We reject [...] the disqualifications we have heard these days coming from those who hold positions in the Executive, even from the Minister himself [...] Félix Bolaños, who, far from respecting judicial independence and the separation of powers, constantly try to undermine the trust of citizens in judges”
Now it's time to wait for the Provincial Court to resolve its appeals and for the accusation and defense briefs of a case increasingly immersed in controversy to be on the table.
