The judge presiding over a corruption case against Miguel Ángel Gallardo, the leader of the PSOE in Extremadura and brother of Spanish Prime Minister Pedro Sánchez, has submitted detailed findings to the Superior Court of Justice of Extremadura after Gallardo's recent appointment as a regional deputy grants him judicial immunity.

Judge Beatriz Biedma's comprehensive report, spanning 102 pages, outlines allegations against Gallardo and other defendants, accusing him of engaging in 'legal fraud' to secure his parliamentary immunity and evade prosecution in the Provincial Court of Badajoz, which has upheld the decisions made by the judge.

According to the judge's report, the actions taken by Gallardo are deemed contrary to Article 11.2 of the Organic Law of the Judicial Power, which stipulates that judges and courts must reject requests, incidents, and exceptions that exhibit manifest abuse of right or involve legal or procedural fraud.

The judge asserts that any public official must prioritize the public interest above personal interests to maintain legitimacy in their functions.

The judge emphasizes that the privileges associated with public office, including immunity, were established to protect the duties of the office, not the individual holding it.

The report categorically states that it is unacceptable for public institutions and the privileges they confer to be misused for personal ends, particularly in a democratic state.

The Superior Court of Justice of Extremadura, which is tasked with investigating or prosecuting individuals with parliamentary immunity, will have to determine jurisdiction over this case connected to the establishment of a public position in 2016 for Pedro Sánchez's brother at the Badajoz Provincial Council, which Gallardo presided over, and subsequent adaptations to accommodate personal interests.

In her findings, Judge Biedma notes that Gallardo's electoral appointment as deputy came after the initiation of judicial proceedings regarding the case.

Notably, several party colleagues had to resign from preceding positions on the electoral list to enable Gallardo's ascension to this parliamentary role, which raises further concerns regarding the legitimacy of the maneuver leading to his current status.

The judge provides an explicit critique of the 'manoeuvre', labeling it as 'legal fraud'.

She clarifies that Gallardo's entry into the electoral contest was legitimate given his rights; however, the circumstances surrounding his rise to the deputy position—following the resignation of five party members from the candidacy list—suggest coordination aimed exclusively at enabling his parliamentary immunity.

With the judge advancing her reasoned exposition to the penal chamber of the Superior Court of Justice of Extremadura, the court will now deliberate on whether it has the authority to proceed with the case in light of potential indications of criminal responsibility related to Miguel Ángel Gallardo Miranda.