The Council of the General Judiciary (CGPJ) has initiated a process to evaluate potential disciplinary action against Judge Juan Carlos Peinado. The inquiry follows the judge’s recent auto, in which he suggested that police officers assigned to protect Begoña Gómez, the wife of Prime Minister Pedro Sánchez, could assist her in a potential flight from Spain. The Commission Permanent of the CGPJ voted to refer the matter to the promoter of the Disciplinary Action, who will determine if the magistrate’s comments constitute a grave offense.
Why the CGPJ is investigating Judge Peinado
The investigation centers on whether the judge’s written claims regarding the integrity of police officers violate the Law of the Judiciary (LOPJ). According to the CGPJ, the promoter of the Disciplinary Action must now examine if the judge’s suggestion—that officers might facilitate a fuga “either by their own initiative or following orders from their hierarchical superiors”—amounts to an abuse of authority or a lack of consideration toward public officials. The decision to move forward was reached after a tied vote of four-to-four was broken by the vote of the president, Isabel Perelló.
Did You Know? The judge’s 84-page auto includes more than 60 references to Pedro Sánchez, including 28 mentions of the term “Prime Minister,” according to reports by Miguel Ángel Campos.
Legal consequences for the magistrate
If the promoter finds that Judge Peinado committed a grave offense, the sanctions could theoretically include fines of up to 6,000 euros, suspension, or transfer, as noted in the proceedings. However, the practical impact of any disciplinary measure remains uncertain. Judge Peinado is scheduled to retire this September, meaning any lengthy deliberative process or holiday break could render a disciplinary decision moot before it can be enforced.
Expert Insight: The stakes here extend beyond a simple disciplinary review. By questioning the institutional loyalty of the National Police, the judge has prompted a rare, collective rebuke from police unions. This creates a significant tension between the judiciary and the security forces, which, if left unaddressed, could further erode public confidence in the impartiality of the ongoing legal process.
Potential for civil and criminal liability
Beyond professional disciplinary paths, Judge Peinado could face legal challenges from those affected by his written statements. Legal observers, including the former judge Baltasar Garzón, have noted that the judge’s argument regarding the police is “very dangerous” and could potentially meet the threshold for claims of libel or slander under the Penal Code. Meanwhile, the defense for Begoña Gómez, led by Antonio Camacho, has filed a formal complaint with the CGPJ, alleging that the failure to notify the defense of the auto—prior to its appearance in the media—constitutes a grave irregularity in judicial procedure.
The status of the Begoña Gómez case
The legal proceedings against Begoña Gómez will continue regardless of the outcome of the CGPJ investigation, as the disciplinary actions are specific to the judge rather than the case itself. The defense has announced it will appeal the precautionary measures imposed by Judge Peinado, which include the surrender of her passport and a requirement to appear in court every 15 days. Additionally, the defense plans to challenge the judge’s decision to have the case tried before a popular jury.
Frequently Asked Questions
What did Judge Peinado claim about the police?
In his auto, the judge suggested that the police officers assigned to guard Begoña Gómez could potentially facilitate her flight from Spain, either through their own initiative or by following the orders of their superiors.
What is the next step for the CGPJ?
The Commission Permanent has referred the auto to the promoter of the Disciplinary Action. This official will now decide whether to open a formal disciplinary file for a grave offense or to treat the matter as an informational inquiry.
Will these disciplinary proceedings stop the trial against Begoña Gómez?
No. According to judicial sources, the disciplinary process is directed at the conduct of the judge and does not affect the continuation of the criminal case against Begoña Gómez, which is currently moving toward the oral trial phase.
Could the potential retirement of the judge in September influence the speed and outcome of the disciplinary investigation?
