02/03/2026
Once all investigative proceedings have been carried out, the investigating judge must decide whether the case should proceed to trial or be dismissed.
This decision marks the end of the investigation phase and the beginning of the intermediate phase.
The judge may order the dismissal (termination) of the case when there is not enough basis to continue the proceedings.
This may happen, for example, if:
If the judge considers that there are minimal indications of a criminal offence, the proceedings continue to the trial phase.
This decision does not imply any conviction, but only that the case has sufficient grounds to be tried.
Before making this decision, it is essential that the person under investigation has been able to testify before the judge and present their version of the facts.
The fact that the proceedings continue does not imply guilt.
The presumption of innocence remains intact until a conviction is issued.
The judge’s decision also determines the facts that may be discussed at trial.
The prosecution cannot add new facts different from those established at this stage, and the case will be delimited for the oral trial.
Reflections and explanations to better understand criminal law.
Es tracta d'un cas en que, tot i les seves circumstà ncies, era perfectament possible haver acordat la presó per l’agressor abans de l’assassinat.
A brief general description of how a criminal procedure works.
Once the investigation phase is completed, the parties submit their prosecution and defence submissions before the trial.