In Spain, attention to the judicial system has intensified again after the Public Prosecutor’s Office decided to challenge the Supreme Court’s verdict in the case of the former Attorney General. This decision may affect public perception of the judiciary’s independence and influence how future cases involving the disclosure of personal information are handled. Such actions by the prosecution are rare in Spain and raise questions about transparency and fairness within the justice system.
Previously, the Supreme Court found the former Attorney General guilty of disclosing confidential data, which led to his resignation. However, the prosecution did not support the charges during the investigation stage and advocated for the verdict to be overturned. Now, the office has chosen to appeal to the Constitutional Court, a highly uncommon move: in the past five years, only three such cases have been filed, with most concerning matters of personal liberty.
An exceptional case
The deputy prosecutor of the Supreme Court, María Ángeles Sánchez Conde, has been appointed to prepare the appeal. She will argue that the verdict violates fundamental rights, including the presumption of innocence and the right to a defense. Sánchez Conde was chosen because she has handled the case from the start and is familiar with all its details. She also brings significant experience from her work in the Constitutional Court’s prosecutor’s office, where she held senior positions until 2021.
The decision to assign the case to her is also due to the fact that the head prosecutor at the Constitutional Court, Pedro Crespo, found himself in a conflict of interest. His wife, who leads the Madrid prosecutor’s office, testified for the prosecution against the former attorney general. Appointing Sanchez Conde thus avoided the need to remove Crespo from the proceedings.
A rare lawsuit
According to RUSSPAIN, over the past five years, the prosecutor’s office has taken cases to the Constitutional Court only three times: in 2021, 2024, and 2025. There were no such filings in 2022 or 2023. This highlights how exceptional the current situation is and increases interest in how the Constitutional Court will address the prosecutor’s arguments.
In an interview with RTVE, Attorney General Teresa Peramato confirmed that the decision to file the lawsuit was made after a thorough review. She signed a special order appointing Sanchez Conde to prepare all necessary documents. The complaint will outline specific rights violations that, according to the prosecutor’s office, occurred during sentencing.
Case background
The case of the former attorney general involves the disclosure of information about the partner of Madrid’s regional leader. This episode has already received media attention and sparked widespread public debate. Notably, the Supreme Court previously ordered the former attorney general to pay a substantial sum, which, as noted by russpain.com’s analysis, highlights the significance of the financial consequences for those involved in such cases.
Court cases on the disclosure of personal data in Spain remain extremely rare. Such matters seldom reach the highest courts, and decisions by the prosecutor’s office to file a lawsuit in the Constitutional Court receive particular scrutiny. In recent years, similar cases have involved issues such as unlawful detention or violation of the right to defense, but have not concerned individuals of such high rank.
Looking back at recent events, it should be noted that in 2024 the prosecutor’s office appealed to the Constitutional Court regarding the violation of a detainee’s rights, and in 2021 — on the legality of restrictions on freedom. Both cases sparked discussions among lawyers and experts but did not lead to large-scale changes in judicial practice. The current lawsuit involving the former Attorney General may set a precedent for how similar situations are handled in the future.
