The Supreme Court of Spain will soon begin reviewing a case involving the head of the national prosecutor’s office, Álvaro García Ortiz. The investigation was prompted by the alleged transfer of an email related to the partner of the head of the Madrid government.
Judge Ángel Hurtado has officially initiated legal proceedings, meaning García Ortiz now holds the status of an accused party in a case concerning the disclosure of confidential information. This decision to launch proceedings cannot be appealed. The criminal chamber must now set a date for the hearing, which will be a unique event in the country’s modern history.
Despite the request for temporary suspension from office, the judge did not support this measure. Instead, García Ortiz has been ordered to pay bail of 150,000 euros within five days to cover potential financial liabilities in the event of a guilty verdict.
If convicted, the accused faces up to six years in prison and a ban on holding public office. The investigation links the case to the leak of a letter sent in February 2024 by the lawyer of businessman Alberto González Amador, who is in a relationship with the head of the Madrid region. The letter contained an admission of tax violations and an offer for a pretrial agreement.
Over eight months of investigation, the court was unable to obtain direct evidence that it was García Ortiz who provided the letter to the press. The examination of a prosecutor’s mobile device showed that the letter had been sent to García Ortiz, but there is no record in the correspondence of it being passed on to journalists. The head of the prosecutor’s office deleted all data from his phone, making it difficult to access his messages from that period.
Nevertheless, the judge determined that the materials gathered are sufficient to refer the case to court. García Ortiz could become the first head of the prosecutor’s office in the country to stand trial, unless he steps down before the hearings begin. For now, he remains in office and denies the allegations.
The judge’s ruling states that there are no grounds to close the case, and formally confirms the charge of disclosing confidential information obtained through official duties, as stipulated by Article 417 of the Criminal Code.
A request to temporarily suspend García Ortiz, submitted by the Association of Professional and Independent Prosecutors, was rejected. However, the case materials have been sent to the prosecutor’s office inspection for potential disciplinary action.
As a precautionary measure, the court required the defendant to post bail, warning that if the obligation is not fulfilled within the set deadline, assets will be seized for the corresponding amount.
Attorney García Ortiz has been granted ten days to prepare the defense strategy. The court will be composed of seven judges, including representatives from both legal traditions. The final composition will be determined once the official hearing date is set.
