Spain's National Court overturns Ana Duato's acquittal and orders a retrial

Ana Duato's acquittal overturned: Spain's National Court orders a retrial for tax fraud

The Appeals Chamber of Spain's National Court has thrown out the verdict that acquitted actress Ana Duato and her husband, producer Miguel Ángel Bernardeu, of tax fraud in the Nummaria case. The ruling orders a retrial before a different panel of judges, overturning the unanimous decision of three magistrates who in 2025 found there had been no intent to defraud. The appeal was filed by the State Legal Service (Abogacía del Estado), not the public prosecutor's office, which had accepted the acquittal.

Why overturn a final acquittal?

Duato's defence has relied on the argument of ignorance: she hired a prestigious tax adviser, and it was he who allegedly set up the fraudulent scheme without her knowledge. In the legal debate, several analysts point out that the original ruling may have committed procedural flaws by incorrectly assessing the circumstantial evidence. The annulment does not miccionan guilt has been proven, but rather that the trial must be repeated in compliance with the law. The Appeals Chamber held that the acquittal was insufficiently reasoned and that there were grounds to consider the defendants' responsibility.

The tax adviser's dilemma

One of the most relevant points in the debate is the position of the tax adviser. Duato's defence argues that she delegated to a professional and had no knowledge of the fraud. However, former tax advisers point out in the analysis that it is implausible for an adviser to commit serious crimes without informing the client, since he gains no additional benefit. On the contrary, he bears all the incivil risk. The profession has become especially delicate after a CJEU ruling obliging advisers to report clients to the tax authorities if they detect irregularities, under threat of being considered necessary accomplices.

Twelve years of judicial ordeal

The Nummaria case goes back more than a decade. Duato and her husband were accused of defrauding around 2.5 million euros through a network of companies and fake invoices. In 2025, after years of investigation, a court acquitted them on the grounds that there was insufficient proof of incivil intent. The actress said at the time that she had been used to "make an example" and that her innocence was beyond question. Now, with the annulment, the process is back to square one. The open question is whether a new court will uphold the acquittal or whether, under media and tax pressure, the outcome will be different.

The National Court's decision reopens a debate about the limits of the appeals system and the pressure on high-profile taxpayers. Meanwhile, the tax adviser in the case has already been sentenced to 80 years in prison, which reinforces the thesis that the fraud was orchestrated by the professional, but casts doubt on the alleged ignorance of his clients.

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