The court's decision

A Madrid investigating court has admitted a complaint filed by the association Hazte Oír against Sofía Puente, secretary general for Innovation and Quality of the Public Justice Service and sister of Transport minister Óscar Puente. The order was signed by judge Inmaculada Lova Ruiz of Investigating Court No. 35 in Madrid, and several outlets reviewed it. The judge overruled the Madrid Provincial Prosecutor's Office, which had asked for the complaint to be dismissed. The order says the facts 'present characteristics' pointing to a possible offence of administrative prevarication, and it opens preliminary proceedings to determine the nature of the facts and the people involved.

The 2022 instruction at the centre of the case

The complaint centres on an instruction dated 25 October 2022 under the Democratic Memory Law, which became known as the 'ley de nietos' (grandchildren law). Puente signed it while serving as director general of Legal Security and Public Faith. The instruction told consulates to accept as descendants of exiles anyone who documented relatives leaving Spain between 18 July 1936 and 31 December 1955, so proof of departure replaced proof of exile itself. The association's complaint says:

“The instruction allowed access to nationality without proving exile in cases where the law required that requirement.”

Hazte Oír also asks the court to establish how the instruction was drafted and to obtain internal reports, communications and circulars sent to consulates. The association wants the court to clarify the reach of the citizenship grants and their effect on the electoral roll abroad.

Prosecutors' objection and the 2022 case

The Madrid Provincial Prosecutor's Office asked the court to reject the complaint on the ground of res judicata. It pointed to a 2022 complaint against the same person, brought by the Asociación para la Reconciliación y la Verdad Histórica, which Investigating Court No. 21 in Madrid archived after finding no offence in the instruction. Prosecutors argued there was 'identidad subjetiva y objetiva' between the two cases, and Puente herself had also argued the matter had already been dismissed. Puente and the prosecutors therefore argued that the court should not re-examine the matter. The judge nonetheless held that the new complaint should be processed.

Next steps in the court

The judge set a bond of 1,000 euros that the association must post before the court proceeds, according to El Mundo and El Confidencial. La Razón reports the judge gave the association a maximum of 10 days to respond to the filings by the prosecution and Puente. The judge will rule later on the evidence requested, including Puente's testimony as a formal suspect and statements from Justice Minister Félix Bolaños and Foreign Minister José Manuel Albares. El Confidencial reports that Puente is not yet listed as investigated, and the court has so far only opened the case and requested information from other courts. Separately, the Supreme Court is examining whether the instruction is void, and it has questioned the voting rights of people who obtained nationality under it. Puente's case therefore remains at a preliminary stage.