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The Impartial Role of Prosecutors in Spain: Safeguarding Legality and Justice


The Public Prosecution in Spain plays a pivotal role as an impartial entity, constitutionally and legally anchored within the Judicial Power. Its functional autonomy serves as a cornerstone to advocate for justice, defending legality, citizens' rights, and public interests. Beyond the realm of criminal law, prosecutors, as guardians of legality, perform diverse functions.


In this context, it is crucial to emphasize that the prosecutor's role is configured as an impartial legal operator in any field of intervention, dedicated solely to upholding legality. This approach, supported by Article 7 of the Organic Statute of the Public Prosecution Service (EOMF), entails acting with complete objectivity and independence, devoid of a specific "client" or representing the State, a task assigned to the State Attorney.


The principle of legality, enshrined in Article 6 of the EOMF, serves as the ethical compass for prosecutors, guiding their actions with strict adherence to the Constitution and laws, irrespective of political, economic, or other considerations. This adherence to the principle of legality not only constitutes an essential pillar but also a fundamental guarantee for the separation of powers, a cornerstone of any democratic system.


A notable aspect of prosecutor training is the emphasis on impartiality, encapsulated in the idea that prosecutors share the same interest in convicting the guilty as in acquitting the innocent. This premise, applied to criminal law, translates to prosecutors not always pressing charges. After the investigation of a case, the existence of evidence of the crime and the responsible parties is assessed, leading to a decision between filing charges and dismissal.


The withdrawal of charges, a distinct scenario, occurs at the end of the oral trial and is based on a comprehensive evaluation of the evidence. If the events did not occur or the accused was not the perpetrator, prosecutors, in pursuit of truth, may withdraw charges, underscoring their commitment to justice and impartiality.


In summary, prosecutors are not solely committed to pressing charges; their primary duty is to defend legality with absolute impartiality. In each action, whether filing charges or seeking dismissal, they aim to preserve the integrity of the legal system, contributing to the essence of an equitable and democratic judicial system. #PublicProsecution #Legality #Impartiality #Justice

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