A Comparative Analysis of Pre-Trial Procedure in Europe: The Search for an Ideal Model
Pre-trial Procedure in SpainRaquel Borges Blázquez
The main objective of this chapter is to focus on the rights of the accused on the pre-trial procedure in Spain. The reason to focus on accused’s rights is linked to the importance of the pre-trial procedure in ensuring no person faces a trial in the absence of sufficient evidence. Along these lines, this chapter considers the arrest threshold as a precautionary measure and the possibility of the police to use less invasive precautionary measures. The chapter also sets out the limits of the investigation in Spain and the decision to charge. At the end of the chapter there is a brief reference to the oral trial.