The Superior Court of Justice of Madrid (TSJM) has closed the proceedings opened against Judge Juan Carlos Peinado, the instructor of the case of Begoña Gómez, wife of the Prime Minister, for his statements in a judicial order about the risk that national police officers, while on escort duty, could help Pedro Sánchez’s wife flee Spain.
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That statement – used to justify the order to withdraw Gómez’s passport – generated controversy and discomfort within the police force itself.
In an agreement from the presidency of the Madrid superior body, the closure of the summary information opened against Peinado is decreed, considering that the reported facts do not constitute any offense covered by the organic law of the judiciary.
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Thus, Peinado will be able to retire in the coming days without a blemish on his record, after the General Council of the Judiciary decided to forward the complaints opened regarding Peinado after failing to reach a consensus on opening a disciplinary file.
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The TSJM agreement warns that the expression recorded by Peinado in the precautionary measures order – later revoked by the Madrid Provincial Court – was not against the collective of the State security forces as a whole but against individualized persons. According to the criteria of the presidency of the Madrid courts, the referred disrespect would only exist if Peinado had referred to the collective as a whole.
Despite this, it does consider that Peinado’s expressions were “somewhat insensitive to the usual correct performance of the officials of the State security forces.” Even so, what Peinado said is, according to the TSJM, “a hypothetical and vague conduct whose imprecision prevents it from being considered punishable.”
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