Judge Juan Carlos Peinado has navigated several legal hurdles presented by the Criminal Procedure Law (LECrim) to summon the Spanish Prime Minister, Pedro Sánchez, as a witness in connection with the case involving his wife, Begoña Gómez. This Monday, the judge from Madrid’s Instruction Court Number 41 announced that Sánchez is required to appear at the Palace of La Moncloa on July 30 for his testimony, which the judge deemed “convenient, useful, and pertinent.”
As the husband of the individual under investigation, Sánchez has the right to decline to testify, although he must formally communicate this intention to the judge. According to Article 416 of the LECrim, certain relatives of the accused—including spouses—are exempt from the obligation to testify.
In a notable move, Judge Peinado has opted to have the Prime Minister testify not at the usual court location in Plaza de Castilla but rather at his official residence. This choice aligns with Article 412.3 of the LECrim, which provides an exception allowing judges to visit a witness’s official location when their testimony pertains to subjects they may not have knowledge of due to their official responsibilities. Essentially, Sánchez will be unable to respond to questions regarding matters he is privy to through his role as Prime Minister.
Judge Peinado emphasized the importance of Sánchez’s testimony in light of the ongoing investigation into a possible influence-peddling crime. He pointed out the need to examine the “potential overlap of the normative element of influence” and the relevance of the relationship between the accused and officials.
This instance is unique as it marks the first time a sitting Prime Minister is called to testify as a witness in an active investigative process within Spain’s democratic era. While former Prime Minister Mariano Rajoy testified in the Gürtel case, he did so during the trial phase, not as an active witness in an ongoing investigation. Previous prime ministers Adolfo Suárez and Felipe González have also given testimony, but both did so when they were no longer in office.
For additional context regarding legal proceedings in Spain, you may find information from sources like Reuters or The Local Spain.
Image and News Source: https://www.infobae.com/espana/2024/07/22/la-maniobra-legal-del-juez-peinado-para-obligar-a-pedro-sanchez-a-sentarse-frente-a-el-en-la-moncloa/
