A popular jury for Begoña Gómez: what does it entail?

MadridFormer Spanish President José Luis Rodríguez Zapatero used the term unusual Thursday morning when journalists asked him about Judge Juan Carlos Peinado's decisionsend Begoña Gómez to a jury trialIf he meant that an embezzlement case would end up being decided by nine randomly selected citizens, that's not unusual, but rather a strict application of the 1995 Organic Law on Jury Courts. Whether there was any intention behind the decision is another matter. Below, we review some key aspects of Judge Peinado's decision.

What is a popular jury?

New Madrid residents chosen by lottery

The jury is a court composed of nine citizens from the province where the events occurred. It is empowered to try cases for the following crimes: homicide, threats, failure to provide assistance, violation of domicile, breach of trust in the custody of documents, bribery, influence peddling, embezzlement of public funds, fraud and illegal exactions, negotiations prohibited by public officials, and breach of trust in the question paper. In this case, they will be chosen by lottery from a two-year list of 2,300 candidates, also chosen randomly in the second half of September of the last even-numbered year, that is, 2024. From an initial selection of 36, each party can challenge up to four people, until a minimum of two people are selected. To convict, 7 of the 9 must be in favor; to acquit, 5 votes are required.

Is this appropriate in such a polarized case?

How does the ideological filter of the members influence?

Minister of the Presidency Félix Bolaños emphasized on Wednesday that if the case does go to trial, an "impartial" court will judge Begoña Gómez. "It's important to show confidence in the public. Those who participate may have biases, but we must trust that they will take their responsibility seriously," Pompeu Fabra University professor José Luis Martí told ARA. However, he admits the conjecture that "in a polarized country like this, some people have conservative ideologies and, based on the information they consume and their own opinions, have an unfavorable view of Begoña Gómez." But chance makes it so that there may be so many."sanchistas as anti-SanchistasIn the eventual court, lawyer Xavier Melero clarifies, the high degree of apolitical sentiment among the citizenry must also be taken into account. Is Peinado's decision correct?

Legal sources consulted by ARA assure that Tuesday's strictly procedural decision is correct. On March 10, 2025, Peinado opened a separate part of the Begoña Gómez case for possible embezzlement in the hiring of advisor Cristina Álvarez, and it is that part of the proceedings that he wants to be decided by a jury. "Peinado would be right if there really were indications, but there is no basis to consider this crime," Portilla believes. "The problem is that there is nothing," agrees another criminal expert. "Another thing is that the basis for embezzlement is stupid," adds a professor who prefers to speak off the record. "A misappropriation of human resources is one of the least typical. It seems like a forced move to end up in a popular court," believes another lawyer who wishes to remain anonymous.

From a technical point of view, it is necessary to analyze whether it is correct to "break the continuity of the case," says Melero. That is, to have separated into two cases facts that may be linked. In the case of Bego, she directed the Complutense University and Peinado accuses her of embezzlement—for the tasks in a private matter that her assistant performed at the Moncloa—influence peddling, and misappropriation. Having one part tried by a popular jury and the rest by a professional chamber could end up leading to contradictory sentences, warns this source.

The precedents

Former Valencian President Francisco Camps was acquitted

A lawyer with extensive criminal experience consulted by ARA emphasizes that he has only encountered one case involving a jury for embezzlement. Another recalls the Oriol Pujol ITV case, which was supposed to be tried by this institution but was avoided with a plea bargain. The general trend is for there to be more convictions than acquittals, and virtually the entire criminal justice community has reservations about popular courts. "Nobody believes it," summarizes one lawyer. There are few precedents because, typically, embezzlement is accompanied by other crimes, and a jury trial is only held if it is a single crime.

Among the most notable precedents, albeit for a bribery offense, is that of former Valencian President Francisco Camps, who was acquitted in the suits case linked to the Gürtel scandal. The result was 5 to 4, and the Supreme Court upheld the acquittal. The mayor of Estepona (Málaga), a member of the People's Party (PP), is scheduled to face trial by jury for hiring a friend as a consultant for the council for six weeks without any work. Former Amposta mayor Manel Ferré is also scheduled to face trial by jury for embezzling €24,000 in per diem payments, but the investigation is dragging on.