Prosecutors or Judges in Spain

Spain is considering a reform that would transfer control of criminal investigations from judges to public prosecutors. For readers in the U.S. or U.K., that sounds normal — prosecutors often lead investigations.

In Spain, it’s different — and controversial.

A system tied to the government

Spain’s Public Prosecutor’s Office is not fully independent.The Attorney General is appointed by the government and leads a hierarchical structure.

Giving prosecutors control over investigations could:

• place more power in institutions linked to the executive

• weaken independent oversight traditionally exercised by judges

• create perceived (or real) political pressure on criminal cases

  
  

The reform adds “judges of guarantees” to authorize searches, detentions, or wiretaps — but critics argue that oversight is weaker when judges no longer direct the investigation from the start.

Not approved yet — but significant

The reform is still a draft, and implementation would be gradual if it passes.Supporters say Spain is aligning with Europe. Skeptics worry it risks politicizing justice.

The debate ultimately centers on one question:

Can a democracy protect the rule of law if prosecutors dependent on the government control investigations?