The decision by the Spanish Prosecutor’s Office to file a complaint with the Constitutional Court in the García Ortiz case may shift the balance within the country’s judicial system. The issue affects not only the fate of the former head of the office but also the functioning of the prosecution service and public trust in the institutions of power. For Spaniards, this event is significant due to its potential impact on information disclosure practices and future personnel decisions.
Internal disagreements
Teresa Peramato, who succeeded Álvaro García Ortiz as Attorney General, announced the preparation of an appeal to the Constitutional Court. The move follows a recent high-profile sanction: García Ortiz was sentenced to a two-year suspension and fined €17,200 for disclosing information about the case of Alberto González Amador, the partner of Madrid’s leader Isabel Díaz Ayuso. According to El Pais, the initiative came from María Ángeles Sánchez Conde, Deputy Prosecutor of the Supreme Court, who from the outset maintained García Ortiz’s innocence. Officially, Pedro Crespo was supposed to draft the appeal, but he declined due to a conflict of interest: his wife, Almudena Lastra, head of the Madrid Prosecutor’s Office, was a key witness against García Ortiz.
According to El Pais, Sánchez Conde is considered the most qualified to handle the case, having previously held Crespo’s position and possessing deep expertise in constitutional law. She is now finalizing the documents, and the complaint is expected to be officially filed in the coming days.
The Prosecutor’s Office’s position
Peramato emphasizes that from the very beginning, the prosecution adopted a stance of exoneration, believing that García Ortiz’s actions did not constitute criminal liability. She reiterated her support for her predecessor, calling him a “prosecutor to the core.” After the verdict was delivered in November 2025, García Ortiz received significant backing both within the department and from external circles. However, the new head of the prosecution faced the challenge of overcoming internal divisions that emerged after this case. At a recent meeting of the Prosecution Council, where new appointments were discussed, some staff members voiced dissatisfaction with the promotion of former members of García Ortiz’s team, further increasing tension among different groups within the organization.
According to russpain.com, such personnel decisions often spark new conflicts between prosecutor associations and independent staff, affecting the stability of the entire system.
Параллельные процессы
The prosecution’s appeal is not the only attempt to challenge the García Ortiz verdict. His defense, represented by Abogacía del Estado, is also preparing its own appeal to the Constitutional Court. Both parties were expected to go to the highest instance immediately after the Supreme Court’s decision, but the process was delayed because of the need to complete a formal appeal procedure at the Supreme Court itself—which, as anticipated, was unsuccessful. In addition, the government is already considering two requests for pardoning García Ortiz, submitted both by fellow prosecutors and by a private individual.
In the context of this case, it is worth noting that Spain’s Supreme Court previously refused to overturn the sentence of the former prosecutor, sparking a new wave of debate about risks for the authorities and possible repercussions for the judicial system. For more on the response to this decision, see our report on how the Supreme Court upheld the punishment for the former prosecutor and what new risks this has created for the authorities — details in the analysis at russpain.com.
Context and consequences
The situation around García Ortiz has become one of the most discussed topics within the Spanish legal community in recent years. Similar cases involving the disclosure of official information and internal conflicts in the prosecutor’s office have repeatedly led to rule revisions and stricter oversight of officials’ actions. In 2024, a comparable data leak scandal in Madrid prompted tougher disciplinary measures for government employees. In recent years, there has been a trend toward a stricter approach to professional ethics and accountability, which is affecting how such cases are handled in the high courts.
