Criminal
The Penal Code with investigating judges and a limited jury
Substantive offences are codified in the 1995 Penal Code, while procedure follows the Criminal Procedure Act. Investigations are supervised by an investigating judge, and a jury sits only for a defined list of serious offences.
Key rules
- An investigating judge (juez de instrucción) directs the pre-trial phase and authorises coercive measures.
- Pre-trial detention is exceptional and subject to statutory maximum periods.
- Companies can be criminally liable, with compliance programmes operating as a defence.
Governing law
- Penal Code (Código Penal) (Organic Act 10/1995)
- Criminal Procedure Act (Ley de Enjuiciamiento Criminal)
Penalties and consequences
- Prison sentences, fines calculated in day-quotas, and disqualification.
- Corporate penalties including fines, suspension of activity and dissolution.
In practice
Private parties can act as accusers alongside the prosecutor, which materially shapes the conduct of Spanish criminal proceedings.