The Provincial Court of Madrid has partially corrected Judge Juan Carlos Peinado and has agreed that the case against Begoña Gómez will continue before a popular jury solely for the alleged crimes of influence peddling and embezzlement of public funds.
The court thus reduces the scope of the proceedings initiated by the head of Investigating Court number 41 of Madrid, who had opened oral proceedings against the wife of the President of the Government for four crimes: influence peddling, embezzlement, business corruption, and misappropriation.
The ruling, known this Thursday, also annuls all personal precautionary measures imposed on Gómez. The wife of Pedro Sánchez will recover her passport, will be able to leave Spain, and will no longer have to appear before the court every fifteen days.
The Court upholds the two main crimes
The Audiencia's decision represents a partial endorsement of Peinado's investigation. The court refuses to completely close the case and supports Begoña Gómez being tried by jury for influence peddling and embezzlement.
The crime of influence peddling is related to the suspicion that Gómez may have used her position and her relationship with the President of the Government to favor certain business and academic projects.
The embezzlement focuses mainly on the activity of Cristina Álvarez, an advisor to Moncloa, and on the arrangements she allegedly made for the chair that Begoña Gómez co-directed at the Complutense University of Madrid. The judge is investigating whether public resources were used to attend to private professional interests.
Along with Gómez, Peinado had sent Cristina Álvarez and the businessman Juan Carlos Barrabés to trial.
Business corruption and misappropriation excluded from the proceedings
The Audiencia revokes Peinado's decision to include the alleged crimes of business corruption and misappropriation in the jury proceedings.
The latter was linked to the software developed for the chair of Competitive Social Transformation at the Complutense University. The university had questioned the use and ownership of the platform and even joined the case.
The resolution therefore limits the jury trial to influence peddling and embezzlement. The complete order must specify the definitive scope of the decision regarding the other two crimes and whether they are dismissed or must follow a different procedural processing.
Begoña Gómez recovers her passport
The second relevant correction affects the precautionary measures. Peinado had confiscated Begoña Gómez's passport, prohibited her from leaving Spain, and imposed the obligation to report to the court every fifteen days.
The investigating judge justified these decisions due to a supposed risk of flight. The Public Prosecutor's Office and Gómez's defense appealed the measures, considering them disproportionate and lacking sufficient justification.
Now, the Court orders their complete lifting. Gómez will be able to travel outside of Spain, will recover her passport, and will no longer have to sign periodically before the judicial authority.
The case is not dismissed
The resolution does not imply the dismissal of the case or the acquittal of Begoña Gómez. The Public Prosecutor's Office had requested the acquittal of Gómez, Álvarez, and Barrabés, arguing that there are insufficient indications of a crime. The popular accusers, led by Hazte Oír, maintain, on the contrary, their requests for conviction.
The case began in April 2024 following a complaint by Manos Limpias and has been marked by successive appeals from the defense and the Public Prosecutor's Office, and by corrections made by the Provincial Court of Madrid to various decisions of the investigating judge. The latest resolution keeps the procedure alive but considerably reduces its scope.