Madrid has been rocked by a new twist in the high-profile case involving the wife of the Spanish prime minister. The Madrid Provincial Court overturned an order issued by Judge Juan Carlos Peinado, who had previously demanded access to all emails sent and received by Begoña Gómez over the past seven years. The ruling has stirred strong reactions across Spain’s legal and political circles.
The judges found that Peinado’s request was not properly justified and violated key legal principles, particularly those of proportionality, necessity, and adequacy. The court also pointed out procedural mistakes: the request was issued as a judicial provision rather than a reasoned ruling, which is not permitted for such serious intrusions into private life.
Defense Arguments
Begoña Gómez’s lawyer, former minister Antonio Camacho, argued that the judge ignored both legal arguments and fundamental legal requirements. According to him, such measures infringe on the fundamental right to privacy of correspondence enshrined in the Spanish Constitution. The defense stressed that broad intrusions of this scale require solid justification, which was not provided in this case.
The judges sided with arguments from both the defense and the prosecution, who appealed Peinado’s decision. The ruling states that the judge did not refer to any of the criteria established by law for such cases. As a result, the panel considered the request for access to the emails to be excessive and disproportionate to the severity of the alleged offense.
Essence of the investigation
The case against Begoña Gómez concerns her work at the Universidad Complutense de Madrid, where she served as co-director of two master’s programs and headed a special academic chair. Investigators suspect her of possible embezzlement in hiring an adviser at the prime minister’s residence, although the evidence so far remains circumstantial.
The request to access emails was initiated by the Vox party, which is participating in the case as a private prosecutor. After the government’s technical department confirmed that Gómez had an official email account, Judge Peinado ordered access to all her correspondence since 2018. However, the defense and prosecution immediately challenged this decision, arguing it was unfounded.
Court’s position
In their decision, the judges referred to Supreme Court of Spain precedent, which states that unsealing correspondence requires specific and objective evidence. Mere suspicions or police claims are not sufficient—there must be a clear assessment of the severity of the alleged crime, the presence of evidence, and the necessity of intervention. In this case, according to the court, such grounds were not presented.
The judges also stressed that such requests must be formalized as reasoned rulings, not brief providencias that do not require explanation. This is necessary to safeguard citizens’ rights and maintain a balance between investigative interests and personal privacy for those involved.
Potential consequences
The annulment of the order does not mean that Judge Peinado cannot request access to Begoña Gómez’s correspondence again. However, now he will have to justify his position and submit the request in accordance with the law. The court left open the option for him to make a similar request again if sufficient arguments and evidence are provided.
The case has sparked widespread public discussion, as it involves not only the private life of the Prime Minister’s spouse, but also issues of transparency, legality, and the balance between state interests and individual rights. In the near future, the parties are expected to continue their legal battle, and public attention to the case is unlikely to fade.
