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Spain’s Top Court Rejects Bid to Suspend Attorney General Before Trial

The ruling assigns any suspension to the Prosecutor’s Office, citing a gap in the law.

Overview

  • The Supreme Court’s appeals chamber dismissed APIF’s final appeal seeking Álvaro García Ortiz’s provisional suspension.
  • García Ortiz will stand trial on November 3 on an alleged revelation of secrets offense linked to the partner of Madrid’s regional president, which carries potential prison exposure of up to six years.
  • Judges Julián Sánchez Melgar, Andrés Palomo and Eduardo de Porres signed the decision upholding the investigating judge’s refusal to suspend him.
  • The court reasoned that ordering a suspension is an administrative power of the Public Prosecutor’s leadership and that judicial intervention lacks legal basis.
  • Investigating judge Ángel Hurtado had earlier pointed to a legal vacuum, referred the matter to the Fiscal Inspection, and the Prosecutor’s Office declined to consider suspension for lack of competence.