Peinado has refused to file the case of Begoña Gómez and has charged a senior presidential official

Judge Juan Carlos Peinado has decided to maintain the case against the wife of the President of the Spanish Government, Begoña Gómez, and the three other persons investigated in order to continue the investigation of five alleged crimes of haike , and has also charged the current Secretary-General of the Presidency of the Government, Judit González Pedraz.

In an order dated 4 November, the magistrate rejects the request of the defence and the Public Prosecutor's Office for the filing of the case andchargesGómez, his adviser Cristina Álvarez, the current delegate of the Spanish Government in Madrid, Francisco Martín Aguirre, and the businessman Juan Carlos Barrabes, with the charge of embezzlement of public funds.

The judge relies on Supreme Court Judge Manuel Marchena's ruling on the "procés" to strengthen the investigation into embezzlement of public funds.

"What the Supreme Court teaches us is that infidelity in the administration of public funds is at the heart of the offence of embezzlement of public funds, regardless of the specific economic damage that may be caused if a person holding public functions is paid with public funds when he or she, in addition to performing such public functions, performs during his or her working day other clearly private functions," the judge says.

Peinado has stressed that the "origin of the criminal acts" is the actions of Begoña Gómez "derived from her relationship of kinship with the current President of the Government", which, in his view, constitutes "a crime of trafficking in influence and a fundamental cause for the detection of other crimes that may result from it". 

"Without this connection with the current President of the Government, it is difficult for them to put into practice some of the conduct carried out by him and the others under investigation, which has subsequently been seen to show signs of a crime."