Sánchez's brother, sentenced to 9 years of disqualification without prison

MadridThe Badajoz Court has sentenced David Sánchez to nine years of disqualification as a necessary cooperator in a crime of administrative prevarication. The Spanish president's brother avoids prison, however, and is exonerated from the crime of influence peddling. The popular accusers, including – among others – Manos Limpias, Hazte Oír, the PP, and Vox, had requested six years in prison for him. The conviction is not for the creation of the job he obtained at the Badajoz Provincial Council, but for the change of the position's nomenclature with the aim of creating, in reality, a high-level management position with “radically different” functions. Likewise, the Badajoz Court has sentenced Miguel Ángel Gallardo, president of the Provincial Council at the time of the events and leader of the PSOE of Extremadura from 2024 to 2025, to eighteen years of disqualification. The other nine defendants have been sentenced to nine years of disqualification.

“None of them were unaware of the criminal plan devised by the highest authorities of the Badajoz Provincial Council. They acted in common agreement, in collusion, in execution of a preconceived plan,” states the 377-page sentence, which argues that the administrative procedures were “purely cosmetic” and expresses the “conviction” that the defendants had the “design to favor” David Sánchez for “spurious reasons.” “They consciously disregarded the law and trampled on it to achieve their goals in a notoriously arbitrary action,” it concludes. The Prosecutor's Office requested the acquittal of all the defendants, and they denied any preferential treatment. The sentence is not yet final and can be appealed to the Superior Court of Justice of Extremadura.

“It had been created for him”

The first fact in question was the creation of the position of activities coordinator for the conservatories, which "was neither necessary nor urgent", which was "designed for a specific person" and which was awarded to David Sánchez in 2017. He "had prior knowledge" of this, participated in a "rigged" selection process and had the interview to "simulate the formal legality" of the procedure. The three judges regret that the choice "was not the result of a fair and transparent selection process" that met the requirements of "publicity, equality, merit and capacity". "Society logically wants the scarce public resources, paid for with everyone's taxes, to be used to cover real needs", they add.

The sentence concludes that David Sánchez was able to dedicate himself to activities that "he pleased, without any control" and that he "neglected his obligations and commitments" by not working much, although it acknowledges that absenteeism is not a crime. For these facts, Miguel Ángel Gallardo and three officials from the Diputación have been convicted. David Sánchez was initially accused of accepting an illegal appointment – he faced a fine of 32,400 euros – but the court declared the crime prescribed at the start of the trial.

"A tailor-made suit"

The second suspicion was the change of name of the position, which was renamed head of the Performing Arts Office. However, it was a “substantial modification” that “really masked” the creation of a new job: “The creation of a radically different job was simulated, the functions of which were not even defined, thus seeking to adjust to the accused's concerns about the operatic genre, and to tailor-make a suit for him”. In short, following his “whim”, they wanted to adapt the obligations to his “tastes and appetites”.

A position for his friend

Finally, an "unnecessary and functionless" position of coordinator of cross-border centers and activities programs was created with the "design" to award it to Luis Carrero, a friend of David Sánchez, who collaborated with him on operatic projects and who was an advisor at Moncloa.

Without influence peddling

Despite all this, the court dismisses the crime of influence peddling because it has "doubts" about the "influences" that would have been exerted: "We do not know who exerted pressure or influence over those responsible for the task of perverting justice, nor in what concrete acts the influence materialized," admit the three judges. And they point to the "hypothesis" that the accused wanted to "ingratiate themselves" with Pedro Sánchez after the PSOE of Extremadura supported the candidacy of Susana Díaz in the 2017 primaries.

“A person bound by family ties”

The ruling makes five mentions of Pedro Sánchez. It alleges, for example, that what is "determining" is the creation of high-level positions "intended for the exclusive interest" of a "close person" or "linked by family ties" to "who would hold the presidency of the Spanish government and was a political figure of the first order".

Nepotism

It also regrets that “nepotism” – a practice “consisting of favoritism” towards relatives or friends – “damages democratic health”, “foments corruption and inequality of opportunity” and affects public administrations, because “people lacking the necessary preparation” gain access to them. However, the court adds a nuance: “Not all lack of probity, ethically reprehensible, inherent in the scourge of nepotism constitutes a crime”.

The witnesses

The sentence has taken little account of the statements of most of the witnesses during the trial, which was left for sentencing on June 9th. He argues that high-ranking officials from the Badajoz Provincial Council declared that they were "promoted" during the investigation and that they are part of a "highly hierarchical and politically biased" structure. For this reason, the judges question the "credibility" of people "directly related" to the accused, "dependent" on them, or "militants of the same party." On the other hand, they place great value on emails that the Civil Guard found and highlight that the declaration of the Colonel Antonio Balas –that was in Leire Díez's crosshairs– was "highly illustrative".