The Provincial Court of Madrid has declined to open an investigation into allegations that Santos Cerdán, the former Secretary of Organization of the PSOE, lied during his Senate testimony on April 30, 2024, concerning his connection with Koldo García, an advisor to José Luis Ábalos in the Ministry of Transport. The court's decision is based on the reasoning provided by the prosecution, which challenged an earlier ruling by a Madrid court that permitted an investigation into Cerdán's statements.

The prosecution's argument, which has been accepted by the judges, hinges on the legal principle established by the Supreme Court, stating that an individual is not committing a crime by lying in their testimony if they believe they might be under investigation later. This interpretation reinforces the constitutional right of individuals to avoid self-incrimination and to refrain from confessing to wrongdoing while testifying.

The case raises important questions about the balance between legislative accountability and individual rights within the Spanish judicial system. While the decision may provide relief for Cerdán, it also highlights ongoing scrutiny of political figures in the context of potential corruption or misconduct, and it reflects broader concerns about transparency and integrity in government institutions.