Judge Peinado sends Begoña Gómez to jury trial: 13 years sought
Peinado sends Begoña Gómez to jury trial for influence peddling and embezzlement: accusations seek 13 years, defense demands acquittal.
English · Original discussion in Spanish · Published
Judge Peinado sends Begoña Gómez to popular jury trial
The ruling is signed by a judge who is set to retire in days. Juan Carlos Peinado has closed the preliminary inquiry and referred Begoña Gómez, vvife of the Prime Minister, to a popular jury trial as alleged perpetrator of influence peddling and embezzlement. In the same resolution, he also sends Cristina Álvarez, Gómez's advisor in Moncloa, to stand trial for embezzlement. The defense calls for acquittal. The accusations seek 13 years in prison.
What is debated in a popular jury trial
The jury is the least traveled path for cases of maximum public exposure and economic nature. Here, the discussion splits into two currents. One holds that the case requires the same standard as any other and that the preliminary inquiry has said all it needed to say. Another warns of the inverse risk: when anonymous citizens decide on a matter of exceptional public impact, the pressure shifts from the courthouse to the deliberation room. Some draw parallels with the American system, where, they contend, the jury is the norm and not the exception, yet even sensitive cases raise doubts.
The appeal of unfairness against the prosecution's brief
According to one participant in the debate, the weakness lies not in the substance, but in the form. The final prosecution brief from Hazte Oír does not specify, according to this version, which actions the jury will have to rule upon and incorporates testimonies and valuations from witnesses—something that jury law prohibits as it predisposes members against the accused. The defense's appeal of unfairness is built upon this formal defect, and those who predict a nullity rely on it, which would not be resolved until much later stages.
One participant maintains that the judge leaves the rest of his court's matters to his replacement and that the case advances without a verdict. He adds that other procedures involving differently profiled defendants have been waiting for court sessions for years. When they want, they hurry; when not, the file sleeps in a drawer.
The ruling is signed by a judge who is set to retire in days. Juan Carlos Peinado has closed the preliminary inquiry and referred Begoña Gómez, vvife of the Prime Minister, to a popular jury trial as alleged perpetrator of influence peddling and embezzlement. In the same resolution, he also sends Cristina Álvarez, Gómez's advisor in Moncloa, to stand trial for embezzlement. The defense calls for acquittal. The accusations seek 13 years in prison.
What is debated in a popular jury trial
The jury is the least traveled path for cases of maximum public exposure and economic nature. Here, the discussion splits into two currents. One holds that the case requires the same standard as any other and that the preliminary inquiry has said all it needed to say. Another warns of the inverse risk: when anonymous citizens decide on a matter of exceptional public impact, the pressure shifts from the courthouse to the deliberation room. Some draw parallels with the American system, where, they contend, the jury is the norm and not the exception, yet even sensitive cases raise doubts.
The appeal of unfairness against the prosecution's brief
According to one participant in the debate, the weakness lies not in the substance, but in the form. The final prosecution brief from Hazte Oír does not specify, according to this version, which actions the jury will have to rule upon and incorporates testimonies and valuations from witnesses—something that jury law prohibits as it predisposes members against the accused. The defense's appeal of unfairness is built upon this formal defect, and those who predict a nullity rely on it, which would not be resolved until much later stages.
One participant maintains that the judge leaves the rest of his court's matters to his replacement and that the case advances without a verdict. He adds that other procedures involving differently profiled defendants have been waiting for court sessions for years. When they want, they hurry; when not, the file sleeps in a drawer.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (26 replies).
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