The criminal proceedings It is a legal procedure that begins when a formal charge of an offence is brought before the competent court. In Spain, criminal proceedings are regulated by the Criminal Procedure Act and consist of several important phases that it is important to understand. In this publication, we will explain how the criminal process in Spain works, from the moment the charge is brought to the trial and the sentence.
The first phase is the investigation. During this phase, the police or the prosecution conduct a thorough investigation into the crime in question. The investigation may include the collection of evidence and witness testimony. If the prosecution considers that there is sufficient evidence to file a formal charge, then the charge is brought and the next phase of the trial is initiated.
The next stage of the process is the instruction. During this phase, the investigating judge collects additional evidence, hears witnesses and takes statements from the parties involved. The judge may also order the conduct of expert tests or the investigation of additional evidence. If the judge considers that there is sufficient evidence to conduct a trial, then the next stage of the trial is carried out.
The trial is the final phase of the criminal proceedings. During the trial, the evidence is presented and the testimonies of the parties involved are heard. The judge shall, on the basis of the evidence presented, make a decision and deliver a judgement. If the accused is found guilty, he shall be sentenced to a penalty which may include imprisonment, fine or community work.
It is essential to work with a criminal lawyer to ensure that appropriate legal procedures are followed and to protect the rights of the accused.
If you are facing criminal proceedings, do not hesitate to contact us for specialized legal advice.
