Spain Moves to Shift Criminal Investigations from Judges to Prosecutors in Major Legal Overhaul

Spain’s cabinet on Tuesday approved a landmark bill that would transfer the responsibility for criminal investigations from court magistrates to public prosecutors, marking the most significant reform to the country’s justice system since 1882. Justice Minister Félix Bolaños said the move aims to modernize Spain’s outdated legal framework and align it with other European democracies, ensuring that “judges are there to judge and execute judgements, while investigations are carried out by the Public Prosecutor’s Office.”

Under the proposed law, judges would still oversee prosecutors to safeguard fundamental rights and procedural fairness, with the power to confirm or revoke prosecutorial decisions. The draft bill also limits the influence of “private prosecutions” by removing the ability of political parties and trade unions to initiate criminal cases, allowing only organizations with a legitimate link to the matter to do so independently.

The reform faces a tough path in Spain’s fragmented parliament, where the minority leftist government has struggled to pass major legislation. Opposition parties, including the far-right Vox and the conservative People’s Party, have criticized the proposal, warning it could weaken judicial independence. Madrid’s regional leader Isabel Díaz Ayuso called the move a step toward “popular justice — the most unjust of all.”

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