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13 February

The criminal process

Civil law

A criminal proceeding is a legal procedure that is initiated when a formal accusation of a crime is filed before the competent court. In Spain, the criminal process is regulated by the Criminal Procedure Law and consists of several important phases that are important to understand. In this publication, we will explain how the criminal process works in Spain, from the moment the accusation is filed to the trial and sentencing.

The first phase is the investigation. During this phase, the police or prosecutor’s office conducts a thorough investigation into the crime in question. The investigation may include the collection of evidence and witness testimony. If the prosecution believes that there is sufficient evidence to file a formal charge, then the indictment is filed and the next phase of the process begins.

The next stage of the process is the pre-trial phase. During this phase, the investigating judge gathers additional evidence, hears witnesses and takes statements from the parties involved. The judge may also order expert evidence or the investigation of additional evidence. If the judge finds that there is sufficient evidence to conduct a trial, then the next phase of the process proceeds.

The trial is the final phase of the criminal process. During the trial, evidence is presented and testimony is heard from the parties involved. The judge, based on the evidence presented, will make a decision and issue a sentence. If the defendant is found guilty, he or she will be given a sentence that may include imprisonment, a fine or community service.

It is critical to work with a criminal defense attorney to ensure that proper legal procedures are followed and to protect the rights of the accused party.

If you are facing criminal proceedings, do not hesitate to contact us for expert legal advice.

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