Spanish court drops one charge against PM's brother in Badajoz hiring trial, citing statute of limitations

Charges partially dismissed

The Audiencia Provincial de Badajoz, the provincial court hearing the case against David Sánchez, has dismissed one of the three charges against him. The court, presided over by magistrate José Antonio Patrocinio, declared the criminal liability for the charge of accepting an illegal appointment to be extinguished due to the statute of limitations. The ruling came during the second session of the trial on Monday, as the court resolved preliminary issues raised by defense lawyers the previous Thursday.

We declare extinguished by prescription the criminal liability for the crime of accepting an illegal appointment within the subjective scope of the trial.

The presiding judge noted that the offense carries a light penalty, and even if it were considered less serious, it would still be time-barred. The trial will continue with the remaining charges of influence peddling and prevarication against Sánchez.

Co-defendant also partially exonerated

The court also ruled that former president of the Badajoz Provincial Council, Miguel Ángel Gallardo, will not be tried for his alleged role in the hiring of Luis Carrero, a former Moncloa advisor and friend of David Sánchez. The tribunal accepted the defense's argument that this constituted a "surprise accusation," as Gallardo was neither informed of these specific charges nor questioned about them during the investigative phase when he testified before Judge Beatriz Biedma in January 2025.

We expel from the subjective scope of the trial the analysis of said alleged participation.

This decision was supported by the prosecution. Gallardo still faces other charges in the case, for which the prosecution is seeking a three-year prison sentence.

Trial proceeds despite defense challenges

The court rejected the broader requests from the defense teams to annul the entire trial. Defense lawyers had raised a series of preliminary issues, including an attempt to recuse the tribunal and claims of violations of fundamental rights such as the presumption of innocence and effective judicial protection. The court dismissed these challenges outright. It did, however, admit documentary evidence proposed by the parties, including videos of the PSOE federal committee meeting from October 2016—which precipitated Pedro Sánchez's resignation—and the homologation of degrees David Sánchez obtained at the conservatory in Saint Petersburg, Russia.

Background of the case

The case centers on the alleged creation and subsequent awarding of a senior management position at the Badajoz Provincial Council to David Sánchez in 2017. Eleven people sit in the dock, including Sánchez and former socialist leader Gallardo. The prosecution, while acknowledging the charges, has requested acquittal for all defendants. The trial continues with the remaining charges of influence peddling and administrative prevarication.