Overview
- The court upholds a 5–2 conviction of Álvaro García Ortiz for revelation of secrets, tying the leak of a February 2, 2024 email and a March 14 Fiscalía press note into a single unit of disclosure and imposing two years’ disqualification, a €7,200 fine and €10,000 in damages.
- Judges say the fiscal chief, or someone in his immediate circle with his knowledge, supplied the email to Cadena SER and stress that officials cannot answer false reports by committing a crime under a reinforced duty of reserve.
- The majority relies on circumstantial evidence such as access patterns, timing of communications and deletion of device data, while noting journalists’ prior access claims do not erase the confidentiality obligation.
- A 53‑page dissent by Justices Susana Polo and Ana Ferrer argues the leak was not proven and deems the press note a lawful correction to false allegations, calling for García Ortiz’s acquittal.
- The sentence is final within the Supreme Court, leaving only an extraordinary nullity incident and a possible constitutional amparo; after resigning on November 24, García Ortiz’s departure triggers a transition with Teresa Peramato positioned as successor.