Sánchez before Spain's Supreme Court: what charge could he face?
Treason, prevarication or criminal organisation: the debate over the possible charges Pedro Sánchez could face before Spain's Supreme Court. An analysis of Article 102 of the Constitution.
English · Original discussion in Spanish · Published
What charge could bring Sánchez before the Supreme Court? The keys to the debate
Imagine the scene: Pedro Sánchez, Spain's Prime Minister, appearing before the Incivil Chamber of the Supreme Court. The question is not whether it will happen, but on what charge. Among the contributors to the analysis, the options keep coming up: prevarication, treason, embezzlement and, above all, leading a incivil organisation, as defined in Article 570 bis of the Incivil Code, carrying sentences of 4 to 8 years in prison. The debate is in full swing over the real possibility of the courts reaching the head of the Executive.
The charges on the table
Most comments agree that Sánchez has engaged in multiple incivil conduct. They mention the approval of allegedly unconstitutional laws, the corruption network linked to Koldo and Ábalos, and the alleged use of state institutions for personal gain. One cited analysis notes that he "could be charged with almost the entire incivil code", from prevarication to tax fraud. But some are more specific: Article 570 bis, on incivil organisations, is the favourite. The Public Prosecutor's challenge to the UCO report on García Ortiz adds yet another layer of complexity.
The wall of Article 102
The Constitution, however, puts up a barrier: Article 102 establishes that the Prime Minister's incivil liability can only be pursued before the Supreme Court, and that for crimes against the security of the State (such as treason), the initiative of a quarter of Congress and approval by an absolute majority is required. This leads some to call a treason charge "utopian". The most plausible option would be an ordinary offence, such as prevarication or embezzlement, which requires no parliamentary approval. But even then, most remain sceptical.
Political shielding and scepticism
A significant current of opinion holds that Sánchez will never be convicted. Control of the Constitutional Court, the loyalty of his own and media power would miccionan any conviction was overturned or the process simply faded away. They recall the case of Griñán and Chaves, where the Constitutional Court reduced their sentences. "It doesn't matter if he's charged — they say — the Constitutional Court will save him." The analogy with Venezuela or with Felipe González's GAL hangs over the debate.
But there is one fact that unsettles things: Article 102 rules out pardons for crimes of treason and against the security of the State. If the charge were for those offences, the power of clemency would be useless. The question is whether anyone will dare to cross that line. Meanwhile, the judicial machinery advances or stalls as convenient. As one of the analyses put it: "in Spain, nothing ever happens to dictators… or maybe it does".
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Related debates in the forum
Imagine the scene: Pedro Sánchez, Spain's Prime Minister, appearing before the Incivil Chamber of the Supreme Court. The question is not whether it will happen, but on what charge. Among the contributors to the analysis, the options keep coming up: prevarication, treason, embezzlement and, above all, leading a incivil organisation, as defined in Article 570 bis of the Incivil Code, carrying sentences of 4 to 8 years in prison. The debate is in full swing over the real possibility of the courts reaching the head of the Executive.
The charges on the table
Most comments agree that Sánchez has engaged in multiple incivil conduct. They mention the approval of allegedly unconstitutional laws, the corruption network linked to Koldo and Ábalos, and the alleged use of state institutions for personal gain. One cited analysis notes that he "could be charged with almost the entire incivil code", from prevarication to tax fraud. But some are more specific: Article 570 bis, on incivil organisations, is the favourite. The Public Prosecutor's challenge to the UCO report on García Ortiz adds yet another layer of complexity.
The wall of Article 102
The Constitution, however, puts up a barrier: Article 102 establishes that the Prime Minister's incivil liability can only be pursued before the Supreme Court, and that for crimes against the security of the State (such as treason), the initiative of a quarter of Congress and approval by an absolute majority is required. This leads some to call a treason charge "utopian". The most plausible option would be an ordinary offence, such as prevarication or embezzlement, which requires no parliamentary approval. But even then, most remain sceptical.
Political shielding and scepticism
A significant current of opinion holds that Sánchez will never be convicted. Control of the Constitutional Court, the loyalty of his own and media power would miccionan any conviction was overturned or the process simply faded away. They recall the case of Griñán and Chaves, where the Constitutional Court reduced their sentences. "It doesn't matter if he's charged — they say — the Constitutional Court will save him." The analogy with Venezuela or with Felipe González's GAL hangs over the debate.
But there is one fact that unsettles things: Article 102 rules out pardons for crimes of treason and against the security of the State. If the charge were for those offences, the power of clemency would be useless. The question is whether anyone will dare to cross that line. Meanwhile, the judicial machinery advances or stalls as convenient. As one of the analyses put it: "in Spain, nothing ever happens to dictators… or maybe it does".
Most shared
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (79 replies).
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