The Supreme Court of Spain will soon begin proceedings in a case involving the head of the national prosecutor’s office, Álvaro García Ortiz. The investigation was prompted by the alleged disclosure of an email linked to the partner of the Madrid regional government’s leader.
Judge Ángel Hurtado has officially initiated judicial proceedings, making García Ortiz a defendant in a case concerning the disclosure of confidential information. The decision to start the process cannot be appealed. The criminal chamber must now set a date for the hearing, which is poised to become a historic event in the country’s modern era.
Despite a petition for his temporary suspension from office, the judge declined to impose this measure. Instead, García Ortiz has been ordered to post bail of 150,000 euros within five days to cover any potential financial liabilities in the event of a conviction.
If found guilty, the defendant 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 offenses and a proposal for a pre-trial settlement.
During the eight-month investigation, the court failed to obtain direct evidence that it was García Ortiz who handed the letter over to the media. An analysis of one of the prosecutor’s office employees’ mobile devices showed that the letter had been sent to García Ortiz; however, there is no record in the correspondence of any further transmission of the information to journalists. The head of the prosecutor’s office himself deleted all data from his phone, which complicated access to his messages for that period.
Nevertheless, the judge considered that the collected materials were 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 decides to resign before the hearings begin. Currently, he remains in office and denies the charges.
In the judge’s ruling, it is noted that there are no grounds for dismissing the case, and the charge of disclosing classified information obtained through his official position is formally confirmed, as provided under Article 417 of the Criminal Code.
A request for the temporary suspension of García Ortiz, submitted by the Association of Professional and Independent Prosecutors, was denied. However, the materials of the case were sent to the prosecutor’s office inspection for possible consideration of disciplinary measures.
As a precautionary measure, the court required the accused to post bail, warning that if this is not done within the specified period, assets of an equivalent amount will be seized.
García Ortiz’s lawyer has been granted ten days to prepare the defense’s position. The court will be composed of seven judges, including representatives from both legal schools. The final composition will be determined after the official hearing date is set.
