The investigation phase

What is the investigation phase?

With the exception of minor offences, the investigation phase is the first stage of criminal proceedings.

It is also known as the instruction phase, and its main purpose is to prepare the case for trial.

Objectives of the investigation

During this phase, all necessary actions are carried out to clarify the reported facts.

This includes both the protection of victims and the investigation of what happened, in order to determine whether there are indications of a criminal offence.

Investigative proceedings

The investigation is conducted through what are known as investigative acts.

Some examples include:

• Statements from the victim or witnesses
• Expert reports (injuries, value of objects, etc.)
• Analysis of objects or substances collected by the police

These actions allow the court to reconstruct the facts and assess whether there is sufficient basis to continue the proceedings.

The statement of the person under investigation

One of the most important actions is the statement of the person under investigation.

At this stage, the alleged offender can present their version of the facts before the judge.

This statement is key, as a person cannot be tried if they have not had the opportunity to testify during the investigation phase.

However, the person under investigation is not obliged to testify: they may appear and exercise their right not to do so.

Legal assistance

The statement of the person under investigation must always be made with legal assistance.

If not, the act is invalid and considered null and void.