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Peramato Reinstates García Ortiz to Supreme Court Prosecutor Post After Conviction

The decision relies on Supreme Court precedent limiting loss of fiscal status to cases with prison sentences over six months.

Overview

  • Álvaro García Ortiz has rejoined the Fiscalía as a fiscal de Sala in the Supreme Court’s Social Chamber, a post he requested and to which he has already reported.
  • Teresa Peramato signed an inspection-backed decree ending his special leave status and returning him to active service.
  • Inspectors applied a 2017 Supreme Court doctrine to interpret Article 44.2 of the fiscal statute so that non-custodial sentences do not automatically cost prosecutors their career posts.
  • The Supreme Court conviction imposed a two-year special disqualification limited to the office of fiscal general, a €7,200 fine, and a €10,000 indemnity to Alberto González Amador for revealing reserved data.
  • Legal actors are weighing challenges to the administrative decision, and the State Attorney’s Office is expected to file an incidente de nulidad against the Supreme Court ruling as a step toward constitutional review.