Rufián says that Sánchez "is being persecuted" by the Justice system, but reproaches his "excuses" in the face of corruption

As of November 6, 2026, the two cases are at different stages: Begoña Gómez is awaiting oral trial, according to the most recent information consulted, while David Sánchez Pérez-Castejón has a first-instance conviction under appeal. Therefore, it is not accurate to describe both proceedings as ongoing investigations. In Gómez's case, there was also an annulment of the initial trial opening that should be distinguished from the subsequent situation.

Begoña Gómez: awaiting trial, with a prior procedural setback

The most recent information places the main case after the investigation phase — the stage in which the facts are investigated — and with the opening of oral trial for alleged crimes of influence peddling and embezzlement. Her advisor, Cristina Álvarez, faces proceedings for alleged embezzlement. The trial corresponds to a jury court at the Provincial Court of Madrid. No specific trial date is recorded; published forecasts point to 2027, but these do not equate to a judicial scheduling. See the RTVE coverage.

To understand this situation, several milestones must be separated:

• On April 11, 2026, Judge Juan Carlos Peinado concluded the main investigation and agreed to proceed by jury trial.
• On June 20, he issued a first opening of oral trial with a broader scope.
• On July 16, the Provincial Court of Madrid reduced the charges and annulled that opening, requiring the repetition of prior procedures before deciding whether to hold a trial.

The July ruling maintained the influence peddling and embezzlement charges against Gómez; it excluded corruption in business and misappropriation from that case and separated the situation of businessman Juan Carlos Barrabés. It also removed the passport withdrawal, the prohibition to leave Spain, and biweekly appearances. These changes are explained in Demócrata.

The important clarification is that the June opening cannot be cited as if it had remained intact: it was invalidated. Subsequent information places the procedure again as pending trial, although it does not provide the date of the new order. The Prosecutor's Office has requested acquittal, a position that does not by itself imply dismissal or an acquittal judgment.

David Sánchez: sentence under appeal

The case regarding the hiring of Pedro Sánchez's brother at the Badajoz Provincial Council has already passed both investigation and first-instance trial. The Provincial Court of Badajoz imposed on him nine years of disqualification from public employment or office for malfeasance. This is not a prison sentence and the judgment is not final.

His defense filed an appeal, reported by Demócrata on October 8. It requests acquittal and denounces a prospective investigation — investigating to seek possible crimes without sufficient prior basis, according to the defense — as well as violations of fundamental rights and the presumption of innocence. It also questions whether the necessary elements to appreciate malfeasance are present.

The review corresponds to the High Court of Justice of Extremadura. The next relevant milestone is its ruling on the appeal, not a new decision on whether David Sánchez must stand trial.

In conclusion: Gómez faces a trial not yet held; David Sánchez awaits review of a contested conviction. Neither of these situations should be confused with a final conviction.

The Prime Minister is the highest authority of the executive power in Spain. The 1978 Constitution configures him as the central piece of the parliamentary system: he directs the Government's action, sets the general political orientation, and is politically accountable before the Congress of Deputies. His powers are mainly collected in articles 97, 98, and 100, as well as other provisions scattered throughout the constitutional text.

Appointment and political responsibility

The Prime Minister is elected by the Congress through the investiture procedure (art. 99). The King proposes a candidate, but it is the Congress that grants or denies confidence by majority. This logic marks an essential power: the Prime Minister is politically accountable to the Chamber, which can withdraw confidence through a motion of censure or deny it in a confidence question. Without the Congress's confidence, the Prime Minister cannot remain in office nor, in practice, govern.

Direction of Government action

The core power appears in article 97: the Government "directs domestic and foreign policy, the civil and military Administration, and the defense of the State," and the Prime Minister heads and coordinates that direction. Specifically:

• Sets the broad lines of the Government's general policy and its program.
• Coordinates the actions of the different ministries and resolves conflicts among them.
• Sets legislative and administrative action priorities.
• Can give political instructions to other Government members, who are subject to his direction.

The Constitution expresses this primacy by stating that the Prime Minister "directs the Government's action and coordinates the functions of the other members thereof" (art. 98.2). That is, he is not a purely formal "primus inter pares," but the true decision center of the Executive.

Appointment and dismissal of ministers

Another key attribution is control over the Government's composition. Article 100 establishes that the King appoints and dismisses ministers at the Prime Minister's proposal. In practice, this means that:

• The Prime Minister decides which people make up the Government and which portfolio each holds.
• He can reshape the Government (create, suppress, or divide ministries) by proposing new appointments or dismissals.
• He assumes ultimate political responsibility for the team he chooses.

Thus, the Prime Minister has the power to configure the Executive according to his political project and adjust it to the legislature's evolution.

Relationship with the King and the Cortes Generales

In a parliamentary system like Spain's, many of the King's formal functions (sanctioning laws, convening and dissolving the Cortes, calling referendums, appointing high officials…) are exercised at the Prime Minister's or the Government's proposal or with their countersignature. This implies that:

• The Prime Minister proposes to the King the dissolution of the Congress, the Senate, or the Cortes Generales, leading to the calling of general elections (within the limits set by the Constitution).
• He countersigns acts of the King, assuming political responsibility for decisions formally adopted by the Head of State.
• He maintains continuous relations with the Cortes: promotes bills, defends the Government program, responds to control initiatives (questions, interpellations, motions).

Normative power and defense of the State

As head of the Executive, the Prime Minister directs a Government that has legislative initiative and regulatory power. Although norms are approved collegially in the Council of Ministers, the political weight of promoting:

• Bills that the Government submits to the Cortes.
• Royal decrees and royal decree-laws, in the cases and limits provided in the Constitution.
• Regulations and general provisions that develop laws.

In defense and security matters, the Government directs defense policy and the Armed Forces; the Prime Minister coordinates this action, presides over Council of Ministers meetings where relevant decisions are made, and assumes political responsibility for them.

Other direction and coordination functions

Besides the above, the Prime Minister assumes functions of:

• Political representation of the State internally and, together with the King, externally, especially at the governmental level (European summits, international meetings, etc.).
• Territorial coordination, leading the Government's relations with autonomous communities through sectoral conferences and other cooperation mechanisms.
• Crisis management, heading the response to emergency situations (disasters, economic, health, or security crises), proposing, if applicable, the declaration of states of alarm, exception, or siege to the Congress.

In sum, according to the Constitution, the Prime Minister is the center of gravity of the executive power: he directs general policy, chooses and coordinates his ministers, relates to the King and the Cortes, and assumes ultimate responsibility before Parliament and citizens for the Government's actions.

Adif can contract external services, but must comply with public procurement rules and applicable labor obligations. It is important to distinguish two operations: Adif contracting a company directly to provide a service and that contractor assigning part of the work to another company. Only the second properly constitutes subcontracting in the sense of articles 215 to 217 of the Public Sector Contracts Law.

1. Determine the contract regime

Adif is a public business entity and its contracting presents special features linked to the railway sector. Therefore, the same regime should not automatically apply to all its services: the contract's object, amount, and whether special sector regulations or the Public Contracts Law 9/2017 apply must be identified.

Moreover, a contract's private nature does not eliminate public requirements: article 26.3 maintains certain rules on labor obligations, execution conditions, and subcontracting for contracting authorities that are not public administrations.

2. Respect the specifications and accredit the subcontractor

When articles 215 to 217 apply, the contractor may assign third parties the partial performance of the service, complying with these conditions:

• Provision in the offer: if the specifications require it, indicate which part will be subcontracted, its amount, and the subcontractor's name or business profile.
• Written communication: after award and, at the latest, at the start of execution, notify the contracting authority of the affected service, the subcontractor's identity, contact details, and representatives.
• Aptitude and absence of prohibitions: justify technical and human means and experience, and prove no contracting prohibition under article 71. Appropriate classification, when existing, allows accrediting aptitude.
• Update: communicate any changes and provide information on new subcontractors.

3. Limits and authorizations

Article 215 does not establish a general maximum subcontracting percentage. However, it allows reserving certain critical tasks to the main contractor, provided they are identified in the specifications and justified in the file. Restrictions cannot unduly limit competition.

There is no universal prior authorization. Express authorization is required in secret, reserved, or security-sensitive contracts. When the specifications required identifying subcontracting in the offer and later the announced subcontracting changes, it may be necessary to wait twenty days from notification and justification, unless prior authorization or sufficiently justified urgency exists.

4. Responsibility and labor conditions

The main contractor maintains full responsibility towards Adif: notifying or authorizing subcontracting does not release it. It must guarantee environmental, social, labor, and data protection obligations, and notify subcontracting to workers' representatives according to labor legislation.

Violation of these conditions may generate, if the specifications provide, penalties of up to 50% of the subcontract amount or contract termination when legal requirements concur.

5. Payments and control by Adif

The contractor must pay the subcontractor according to article 216 and anti-late payment rules. Acceptance or verification of the service must be done within thirty days; payment delay generates interest and compensation for collection costs.

Adif may require lists of subcontractors and payment receipts. Verification is mandatory in service contracts with an estimated value exceeding five million euros when subcontracting reaches at least 30% of the contractual price, under article 217.

In short, for a specific service, the applicable legal regime, specifications, and execution obligations must be reviewed jointly; it is not enough that the chosen company can materially provide the service.