Phases of the Criminal Procedure in Spain
1. Investigation Phase (Fase de Instrucción):
– Objective: This phase aims to gather evidence to determine whether a crime has been committed and who is responsible.
– Participants: The investigating judge (Juez de Instrucción), the Public Prosecutor (Fiscal), police officers, and the defense and prosecution lawyers.
– Process:
– Complaint or Report: The procedure typically begins with a complaint (denuncia) or report (querella) of a suspected crime.
– Preliminary Investigation: The judge orders initial investigative steps, which can include taking statements, collecting evidence, and ordering searches or seizures.
– Interim Measures: Depending on the case, the judge may impose measures such as detention, bail, or restraining orders to ensure the accused does not flee or tamper with evidence.
2. Intermediate Phase (Fase Intermedia):
– Objective: To determine if there is sufficient evidence to proceed to trial.
– Participants: The investigating judge, the Public Prosecutor, and defense and prosecution lawyers.
– Process:
– Conclusion of the Investigation: Once the investigation is complete, the judge reviews all gathered evidence.
– Provisional Conclusions: The Public Prosecutor and the defense present their provisional conclusions, indicating whether they believe the case should go to trial.
– Judge’s Decision: The judge decides if there is enough evidence to indict the accused. If so, the case proceeds to the trial phase. If not, the case may be dismissed.
3. Trial Phase (Fase de Juicio Oral):
– Objective: To determine the guilt or innocence of the accused through a public hearing.
– Participants: The trial court (which can be a single judge or a panel), the Public Prosecutor, the defense lawyer, the accused, and witnesses.
– Process:
– Indictment: The formal charges are read to the accused.
– Presentation of Evidence: Both the prosecution and defense present their evidence, including witness testimonies, expert opinions, and physical evidence.
– Deliberation and Verdict: After all evidence is presented, the court deliberates and renders a verdict of guilty or not guilty.
– Sentencing: If the accused is found guilty, the court imposes a sentence.
4. Appeals Phase (Fase de Recursos):
– Objective: To review the trial court’s decision for legal errors.
– Participants: Appellate courts, the Public Prosecutor, and defense and prosecution lawyers.
– Process:
– Appeal Submission: The convicted party (or prosecution, if the verdict is not guilty) can file an appeal.
– Review: The appellate court reviews the trial record and legal arguments.
– Decision: The appellate court may uphold, modify, or overturn the lower court’s decision. In some cases, it may order a retrial.
5. Enforcement Phase (Fase de Ejecución):
– Objective: To ensure the sentence is carried out.
– Participants: The sentencing court, prison authorities, and the convicted individual.
– Process:
– Sentence Implementation: The court oversees the execution of the sentence, which can include imprisonment, fines, or other penalties.
– Parole and Conditional Release: The convicted individual may apply for parole or conditional release under certain conditions.
In summary, the Spanish criminal procedure consists of the investigation phase to gather evidence, the intermediate phase to decide on proceeding to trial, the trial phase to determine guilt, the appeals phase to review the decision, and the enforcement phase to implement the sentence. Each phase involves specific participants and procedures to ensure justice is fairly administered, safeguarding the rights of both the accused and the victims. This process is designed to maintain a balance between the efficient prosecution of criminal activities and the protection of individual freedoms, ensuring a fair and just legal system. Moreover, it provides multiple safeguards and opportunities for appeal to prevent miscarriages of justice and to uphold the principles of due process and rule of law. The entire framework is established to ensure that legal proceedings are conducted with transparency, accountability, and respect for human rights, thus maintaining public confidence in the judicial system.
Sandra Márquez
Criminal lawyer and CEO Expat&Legal Spain