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Spain eyes revamp of 1882 law to allow prosecutors, not judges, lead criminal probes
Published by Global Banking and Finance Review
Posted on October 28, 2025
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Published by Global Banking and Finance Review
Posted on October 28, 2025
MADRID (Reuters) -Spain's cabinet approved on Tuesday a bill to put prosecutors in charge of criminal investigations instead of court magistrates as it seeks to align the country's outdated criminal justice system with those of its European peers.
Spain's unique system whereby "investigating magistrates" lead criminal probes dates back to 1882, and the proposed move is the most significant reform in the area to date, Justice Minister Felix Bolanos told a news briefing.
He said the change proposed by the minority leftist administration sought to adapt the Spanish model to those of most democracies, so that "judges are there to judge and execute the judgements while investigations are carried out by the Public Prosecutor's Office".
Judges would still supervise prosecutors to ensure fundamental rights and proper procedures are respected and would be able to revoke or confirm the prosecution's decisions.
The draft bill, which requires approval from a highly fragmented parliament where the government has struggled to pass legislation, also seeks to limit the role of so-called "private prosecutions" by removing the right of political parties and trade unions to trigger criminal investigations.
Only certain associations with a "legitimate link" to the subject matter of a case would be able to initiate criminal proceedings independently of the police and prosecutors.
Opposition parties including the far-right Vox and ultra-conservative lobbies have been using the private prosecution rules to pursue several corruption cases currently dogging the government.
Prosecutor General Alvaro Garcia Ortiz faces trial at the Supreme Court next week over allegations of leaking confidential information in a tax fraud case involving the partner of Madrid's regional leader, Isabel Diaz Ayuso.
Ayuso, from the main conservative opposition People's Party, said on Tuesday the cabinet's proposed reform undermined judicial independence and reflected a shift towards "popular justice - the most unjust of all".
(Reporting by David LatonaEditing by Gareth Jones)