Begoña Gómez Case: Judge Peinado Moves Toward Jury Trial

Judge Juan Carlos Peinado has ordered that Begoña Gómez, the wife of Spanish Prime Minister Pedro Sánchez, face trial before a jury, pending the resolution of outstanding appeals by the Provincial Court of Madrid. According to court filings, the investigation centers on alleged crimes of influence peddling, business corruption in the private sector, misappropriation, and the misuse of public funds.

How does the jury selection process work in Spain?

In Spain, jury trials are governed by the 1995 Jury Tribunal Law. A jury consists of nine citizens and two alternates, selected by lottery from the electoral census of the province where the alleged crime occurred. Candidates must be Spanish citizens of legal age who are literate and possess full political rights. Certain individuals are excluded from service, including members of the Royal Family, active members of the judiciary or prosecution, and elected officials such as deputies and senators. Furthermore, anyone with a personal, professional, or financial interest in the proceedings is disqualified.

Which crimes fall under jury jurisdiction?

Not every case is eligible for a jury trial. Under the Spanish legal framework, juries are restricted to judging specific categories of crimes, including those against persons, offenses committed by public officials during their tenure, and crimes against honor, liberty, or security. While the charge of misappropriation of public funds, as cited in the investigation against Gómez, is technically eligible for a jury, it remains a rare occurrence in practice compared to other criminal proceedings.

What happens during a jury trial?

If the case proceeds, the jury is responsible for determining the facts of the case, while the presiding judge handles legal qualifications and sentencing. During the trial, jurors may submit questions to witnesses and experts, provided the presiding magistrate deems them relevant. Once testimony concludes, the judge provides the jury with a list of facts to be assessed. A verdict of “guilty” requires seven votes, whereas a “not guilty” verdict requires five. The presiding magistrate then formalizes the verdict into a final judgment.

Historical context of high-profile jury trials

The use of a jury in high-profile cases has historically drawn significant public and media attention in Spain. A notable precedent is the 2012 trial of former Valencian regional leader Francisco Camps. In that case, a jury declared Camps and former PP official Ricardo Costa “not guilty” of improper passive bribery by a vote of five to four. The decision, which acquitted them of allegations involving gifts from the “Gürtel” corruption network, was later upheld by the Supreme Court. Unlike standard bench trials, jury members in sensitive cases are kept incommunicado during deliberations to prevent external influence from media coverage or outside contact.

Key procedural facts

• Compensation: Jurors are entitled to a daily allowance of 67 euros, plus reimbursement for travel, lodging, and maintenance.
• Recusation: Both the prosecution and defense retain the right to challenge potential jurors without providing a specific reason, up to a limit of four challenges per side.
• Incommunicado Status: During the deliberation phase, jurors are sequestered to ensure their verdict remains untainted by external information.

As the case moves forward, the defense team for Begoña Gómez has filed complaints with the General Council of the Judiciary (CGPJ), alleging that Judge Peinado’s actions have violated her right to a proper defense. The timeline for the start of any potential trial remains subject to the pending decisions of the Provincial Court of Madrid.