The Supreme Court of Spain has issued a ruling that could set a precedent for the country’s entire judicial system. Former Attorney General Álvaro García Ortiz must now pay a fine of €7,200 and compensate entrepreneur Alberto González Amador €10,000. González Amador is the partner of Isabel Díaz Ayuso, president of the Madrid Community. This penalty was imposed after García Ortiz was found guilty of disclosing confidential information.
The court decided that the former Attorney General broke the law by making public an email sent by González Amador’s lawyer to the prosecutor’s office, as well as by distributing a press release prepared by the agency. The statement refuted claims from Ayuso’s circle about alleged negotiations between her partner and the prosecutor who accused him of tax fraud.
Judicial consequences
The Supreme Court did not stop at financial penalties. García Ortiz was also given a two-year special disqualification from holding the office of Attorney General. However, since he resigned back in November last year, this sanction is now largely symbolic. García Ortiz’s future now depends on a decision by the new head of the prosecutor’s office, Teresa Peramato, who must determine whether the conviction should lead to his removal from prosecutorial service.
According to regulations, a prosecutor may be dismissed if convicted of an intentional crime or if disqualified from public service. In the case of García Ortiz, the issue is a specific disqualification from a single position, which leaves room for interpretation. However, the law also allows for dismissal to be replaced by a temporary suspension if the sentence does not exceed six months, but in this case, the disqualification was set for two years.
Payment of fine and compensation
The court’s decision details how García Ortiz must pay the funds. The €7,200 fine, calculated as 12 months at €20 per day, and the €10,000 compensation must be deposited into a designated account at Banco Santander set up for such judicial payments. Additionally, the former attorney general is required to cover court costs, the amount of which will be determined once attorney González Amador submits the relevant calculation. García Ortiz has the right to challenge the amount of these expenses.
The Supreme Court’s verdict is final and cannot be appealed through ordinary procedures. The only possibility for review is to file a motion to declare the ruling void due to a violation of fundamental rights, but such cases are extremely rare. If this option also proves unsuccessful, García Ortiz may only appeal to the Constitutional Court, claiming a violation of his constitutional rights.
Case details
The prosecution demanded a harsher sentence: from four to six years in prison and up to 12 years of disqualification. However, the court issued the minimum possible fine and an average term of disqualification. Article 417.1 of the Spanish Criminal Code stipulates a penalty for disclosure of official secrets ranging from a 12 to 18-month fine and disqualification from one to three years, and in especially serious cases, up to three years in prison and up to five years of disqualification.
In this case, the court chose an average disqualification period—two years—and imposed the minimum fine. This decision sparked lively debate among legal experts and the public, as the question of whether García Ortiz can continue working in the prosecutor’s office remains unresolved.
Potential consequences
Now all attention is focused on the actions of the new head of the prosecutor’s office. Teresa Peramato must decide whether García Ortiz will be permanently removed from the ranks of prosecutors or if he will be able to keep his position despite the verdict. The regulations allow for the possibility of replacing dismissal with a temporary suspension, if the seriousness of the violation permits. However, the final decision rests with the leadership of the prosecutor’s office.
The court ruling regarding the payment of the fine and compensation must be enforced in the near future. If García Ortiz fails to comply, additional enforcement measures may be taken. Court costs will also fall on the former Attorney General, and the amount could be significant.
Public interest in this case remains high. Many observers believe that the García Ortiz situation will serve as an important test for Spain’s entire justice system and will demonstrate how consistently courts apply the law to high-ranking officials.
As RUSSPAIN.COM previously reported, the Madrid Bar Association is preparing an expert opinion on the amount of legal costs the prosecutor must pay to Ayuso’s partner. While this opinion will not be binding, it represents an important stage in the process. The exact amount remains undetermined—stay tuned for updates. Read more about this in our previous article.
