Specific Features of Pre-trial Stage of Criminal Procedure in Spain

This contribution deals with particular aspects of the Spanish pre-trial procedure. The Spanish Criminal Procedure Code was inspired by the French Code d’instruction criminelle which regulated the public prosecution in the modern form. The key person of the pre-trial procedure is the investigating judge which has a strong position, which is in conflict with trends in continental Europe. The position of the public prosecutor mainly comprises in filing the indictment. However, there is an institute in the Spanish pre-trial procedure which reflects the common law system – conformidades. Conformidades can be described as a Spanish analogy to the Anglo-American guilty plea. Due to the absence of diversions there is a need to cope with the minor crime by different means – the conformidades is used to achieve this goal.