The possible sanctions against judge Juan Carlos Peinado, instructor of the case of Begoña Gómez, wife of the President of the Government, Pedro Sánchez, have been left in the air. The Permanent Commission of the General Council of the Judiciary (CGPJ) met this morning to study the complaints filed against Peinado. There was no agreement and the members of the commission have agreed to re-examine the issue “in the coming days.”
The promoter of the disciplinary action, Ricardo Conde, proposed archiving five preliminary investigations opened in relation to various complaints received against Peinado, holder of position number 41 of the Instruction Section of the Court of First Instance of Madrid.
The complaints were filed by the Minister of the Presidency, Justice and Relations with the Cortes, Félix Bolaños; the municipal group Más Madrid and the socialist deputy Pedro Guillermo Hita; the advisor to the wife of the President of the Government Begoña Gómez, Cristina Álvarez; and a private individual.
In addition, the permanent commission must decide on a fifth preliminary investigation, initiated in relation to the expressions about the National Police that appeared in a precautionary measures order issued against Begoña Gómez in which the actions of the State security forces and bodies were questioned.
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In that order, Peinado asked Gómez to hand over her passport as a precautionary measure after sending the president’s wife to a trial with a popular jury. The magistrate justified the decision with the argument that the fact that Gómez is guarded by police officers does not prevent the risk of flight. This argument provoked a complaint from the Unified Police Union. Last week, the Provincial Court of Madrid annulled the precautionary measures against Gómez and returned her passport. But the complaint against Peinado persists and has divided the Permanent Commission.
Conde has proposed archiving these complaints, but if his proposal does not prosper, Peinado would face a possible sanction for “a serious lack of consideration provided for in article 418.5 of the Organic Law of the Judiciary.” Article 418.5 LOPJ establishes as a serious offense “excess or abuse of authority, or serious lack of consideration towards citizens, institutions, secretaries, forensic doctors or the rest of the personnel at the service of the Administration of Justice, members of the Public Prosecutor’s Office, lawyers and solicitors, social graduates and Judicial Police officers.”
If the existence of such a serious offense were confirmed, the consequences could be very varied, ranging from an economic fine to temporary suspension from duties or forced transfer from his position. The fine can range between 501 and 6,000 euros and is what could most concern Peinado, since after his retirement, scheduled for next September, he will not be able to be transferred or suspended.
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