Spanish court weighs curbs on PM's wife: passport seizure sought as preliminary hearing stretches three hours

The hearing

Begoña Gómez appeared Monday for a preliminary hearing at Madrid's Court of Instruction No. 41, the final step before a possible jury trial on charges of influence peddling, business corruption, embezzlement, and misappropriation of software belonging to the Complutense University of Madrid (UCM). Judge Juan Carlos Peinado summoned Gómez, her Moncloa adviser Cristina Álvarez, and businessman Juan Carlos Barrabés for the session, which began at 18:20 and lasted more than three hours. All three attended in person, with Barrabés seen entering with difficulty, leaning on a cane due to a serious illness.

Positions on trial

The popular prosecution grouping led by Hazte Oír and the UCM (appearing as an injured party) argued for opening an oral trial before a popular jury. The Public Prosecutor's Office and defence lawyers for all three defendants requested the case be dismissed, arguing there are no indications of any crime. Gómez's attorney, former Socialist minister Antonio Camacho, also contested the jury route. The Madrid Provincial Court must still resolve several appeals filed by the prosecution and defence seeking dismissal, meaning the final decision on sending Gómez to trial does not rest with Peinado alone.

Requested measures

Popular prosecutors pressed for three restrictive measures against Gómez: withdrawal of her passport, a ban on leaving Spain without judicial authorization, and a requirement to sign in at court every 15 days. They also sought to block her from using shares in her company or the 'Transforma TSC' brand registered through her UCM-linked chair. The same personal measures were requested for Álvarez. No precautionary measures were sought for Barrabés, whom prosecutors consider to pose no flight risk. Both the prosecution and defence teams opposed any restrictive measures.

Legal arguments

Hazte Oír lawyer Javier María Pérez-Roldán cited the precedent of former Italian prime minister Bettino Craxi, a socialist who fled to Tunisia after being charged with corruption, suggesting a comparable flight risk exists for Pedro Sánchez and his wife. The prosecution pointed to Gómez's foreign travel and argued her security detail could facilitate an escape. The popular accusers are seeking 24 years in prison for Gómez, 22 years for Álvarez, and six years for Barrabés.

Political dimension

Camacho made an unusually pointed statement during the hearing, telling the court the case had become a political instrument. Sources present told elDiario.es that Camacho declared politics should be conducted 'in the street, not in a courtroom' and warned against using 'the equation of a phantom procedure as a form of erosion of a government with which they disagree.' He criticized Peinado's repeated references to 'the president of the government' in filings even though Sánchez is not under investigation, calling the inference that any action by Gómez influences 'everyone' because she is the PM's wife 'truly absurd.'

Politics is not done in the courts and no one should allow the instrumentalization of a criminal procedure.

Next steps

Peinado did not rule on the requested precautionary measures at the close of the session. He has three days to issue a writ deciding whether to send Gómez to trial and another on the restrictive measures. The Madrid Provincial Court separately must rule on pending appeals that could halt the case before it reaches a trial phase.