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Spain’s Prosecutors Ask Supreme Court To Void García Ortiz Conviction

The nullity motion clears the way for a Constitutional Court appeal challenging the basis of the divided Supreme Court verdict.

Overview

  • Deputy prosecutor María Ángeles Sánchez Conde filed an incidente de nulidad asking the Supreme Court to annul the ruling against former attorney general Álvaro García Ortiz.
  • The filing alleges violations of presumption of innocence and defense rights, saying the judgment ignored journalists’ testimony that they possessed the 2 February 2024 email before García Ortiz received it.
  • The brief argues the court improperly expanded the case to treat the 14 March press release as a punishable act, breaching the accusatory principle and the legality of criminal law.
  • The prosecution maintains the press note relayed information already public, and it asks the court to strike the €10,000 damages to Alberto González Amador and the award of private accuser costs.
  • The conviction, issued on 20 November by a 5–2 majority for revelation of secrets, imposed two years’ disqualification and a €7,200 fine, and it now faces a formal challenge that precedes a potential constitutional appeal.