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Judge Juan Carlos Peinado has informed Begoña Gómez, the wife of Spanish Prime Minister Pedro Sánchez, that the case against her for alleged malfeasance could be tried before a jury if it reaches court. The decision, formalized in a resolution issued on Tuesday and obtained by El País, marks a significant development in a judicial investigation that has been ongoing for nearly a year and a half and has drawn intense public and political attention.
Under Spanish law, crimes such as malfeasance fall under the jurisdiction of the Tribunal del Jurado, a court composed of ordinary citizens rather than professional judges. If Peinado decides to proceed and higher courts uphold the decision, Gómez’s case would be heard by a jury of her peers, rather than solely by professional magistrates.
What Is the Tribunal del Jurado in Spain?
The Tribunal del Jurado is Spain’s jury court system, where certain serious criminal cases are judged not only by a professional judge but also by a panel of ordinary citizens. 
- Composition: Nine jurors, plus two alternates, randomly selected from the electoral roll.
- Role: Jurors determine the facts of the case, while the presiding judge oversees legal procedures and sentencing guidance.
- Applicable Crimes: Only specific offenses can be tried by a jury, including homicide, threats, burglary, bribery, influence peddling, and malfeasance (malversación de caudales públicos).
- Purpose: The system ensures citizen participation in justice, promoting transparency and accountability in high-profile cases.
- Criticism & Challenges: While it encourages civic involvement, critics highlight the complexity of legal procedures for jurors and the heavy responsibility placed on non-experts.
Why it matters in this case: Begoña Gómez’s alleged malfeasance qualifies for jury trial, meaning ordinary citizens—not just judges—would weigh the evidence if the case reaches court.
Summons for Saturday
As part of this procedural shift, Peinado has summoned Gómez to appear before him this Saturday to be formally notified of the specific charges she faces. Two other individuals under investigation for the same offense will also appear: Cristina Álvarez, Gómez’s former adviser at La Moncloa, and Francisco Martín Aguirre, the current government delegate in Madrid and former Secretary General of the Presidency.
The allegations center on whether public resources were misused when Álvarez, employed as Gómez’s adviser in the Prime Minister’s office, allegedly performed tasks linked to Gómez’s private professional activities. Both Gómez and Álvarez deny the accusations, maintaining that Álvarez’s role was strictly institutional and that any personal favors were minimal and unrelated to public duties.
A Shifting Strategy
The malfeasance investigation is a separate branch of a broader inquiry into Gómez’s professional activities, which also includes allegations of influence peddling, business corruption, and misappropriation. Initially, Judge Peinado dismissed the possibility of charging Gómez and her adviser with malfeasance, instead seeking to extend accountability to higher-ranking officials, including Martín Aguirre and, ultimately, Minister of the Presidency Félix Bolaños.
In July, however, Spain’s Supreme Court rejected Peinado’s request to indict Bolaños, citing insufficient evidence. “There is not the slightest evidentiary backing,” the Court wrote. Following this setback, Peinado shifted focus back to Gómez and her adviser, considering them potential defendants for misusing public funds.
In his recent resolution, Peinado explained that the scope of an investigation can evolve as new evidence emerges. “The delineation of the subject of the proceedings is of progressive crystallization,” he wrote, emphasizing that “new rational, founded, and solid indications” have since come to light.
Key Evidence and Emails
Central to Peinado’s decision are emails allegedly sent by Álvarez on behalf of Gómez to the Complutense University of Madrid. These messages reportedly related to a university chair directed by Gómez and included communications with potential sponsors, which the judge interprets as indicative of public resources being used for private initiatives.
Gómez has denied wrongdoing, asserting that the emails were sent occasionally as a personal favor and did not involve public resources. “She only transmitted some messages as a friend,” Gómez testified. Her defense team stressed that both she and Álvarez exercised their constitutional right to remain silent during questioning, choosing to respond only to their lawyers’ inquiries.
Judge Peinado, however, described these explanations as self-serving and insufficient. He criticized both women for declining to answer his questions directly, writing: “They could have put forward arguments in their defense.”
Political and Legal Reactions
The case has drawn strong reactions within political circles. Francisco Martín Aguirre, also under investigation, expressed confidence that the case would not succeed. “I convey my total peace of mind and my absolute confidence in the Spanish judicial system. This procedure will come to nothing because there is absolutely nothing,” he told reporters, questioning the timing of Peinado’s decision.
Meanwhile, the Madrid Provincial Court continues to review appeals against the indictments of Gómez and her co-defendants. Legal analysts note that reframing a case for a jury does not formally constitute a trial, but it often signals the judge’s intention to proceed.
What Comes Next
Saturday’s hearing will allow prosecutors and private parties to clarify their charges, while the defense and public prosecutor’s office are expected to request dismissal. Depending on Peinado’s ruling, proceedings could either move toward trial or be delayed for additional investigative measures.
Even if Peinado decides to advance the case, multiple layers of appeals remain available to the defense. Higher courts, including the Madrid Provincial Court, can intervene before a trial is formally convened.
For now, Gómez remains under formal investigation, facing allegations that strike at the heart of Spain’s political establishment. The case has sparked debate about judicial independence, prosecutorial discretion, and the pressures on public figures whose private and professional activities intersect with government functions.
Whether a jury of ordinary citizens will eventually weigh the evidence against the Prime Minister’s wife remains uncertain. Nonetheless, Judge Peinado’s latest decision underscores his determination to keep the case active, even as Spain’s higher courts have repeatedly questioned the strength of his accusations.
Information Source:
Photo Attribution:
Photo: Pedro Sánchez and Begoña Gómez at Number 10 for NATO leaders meeting (3 Dec 2019) by Ministry of the Presidency, Government of Spain / La Moncloa. Licensed under the Government of Spain’s legal notice (free use with attribution and date, no distortion).
Photo: Pedro Sánchez after winning the PSOE primaries, singing “La Internacional” (21 May 2017). By Marta Jara / eldiario.es. Licensed under CC BY-SA 3.0 Spain.
Visita de Pedro Sánchez. Núria Parlon Gil / Flickr / Wikimedia Commons (CC BY 2.0)
