Spain prepares for a new criminal justice system: the Government approves the Draft Bill of the Criminal Procedure Act

The Council of Ministers is set to approve the new draft of the Organic Law on Criminal Procedure (Loecrim), a far-reaching reform that will transform Spain’s criminal justice model, in force for more than 140 years. The current Criminal Procedure Act, enacted in 1882 by Manuel Alonso Martínez, will give way to a completely renewed system that redefines the role of judges and prosecutors in criminal investigations.

With the introduction of the new Criminal Procedure Act, it is essential to rely on criminal lawyers who are up to date with the reform and capable of acting effectively at every stage of the process. At Nieto Enríquez Abogados Penalistas, criminal lawyers in Barcelona, we offer specialized legal advice, personalized attention, and extensive experience in complex criminal proceedings.

A structural reform of criminal proceedings

The new legal text introduces one of the most significant changes in the Spanish judicial system: prosecutors will now direct criminal investigations, leading to the elimination of investigative judges as we know them.

Thus, the Public Prosecutor’s Office will take charge of investigations, with authority to decide whom to investigate, what actions to take, and how long to maintain them. To perform this role, it will rely on the Judicial Police under its functional authority, including specialized units such as the UCO and UDEF.

Judicial oversight will remain but in a different form. A guarantee judge will authorize any actions affecting fundamental rights — such as home searches or phone tapping — and ensure that the prosecutor acts within constitutional limits. Later, a preliminary hearing judge will determine whether an oral trial should proceed.

Gradual implementation: expected by 2028

The draft law provides for a long vacatio legis, allowing the judicial system time to adapt to the new structure. If approved by Parliament, the law would come into force on January 1, 2028.

This means that proceedings initiated before that date will continue under the current legislation.

The text also clarifies that the reform will not affect the term of the current Attorney General, Álvaro García Ortiz, whose mandate ends in 2027. By comparison, the earlier draft prepared by Juan Carlos Campo foresaw an eight-year vacatio legis.

Strengthening the independence of the Public Prosecutor’s Office

A central pillar of the reform is the modification of the Organic Statute of the Public Prosecutor’s Office, intended to strengthen its autonomy and increase transparency.

The term of the Attorney General will be extended from four to five years, in line with recommendations from the GRECO (Council of Europe) and the European Commission, to decouple the position from political cycles. Moreover, removal from office will only be possible for specific reasons — resignation, end of term, or serious misconduct — and always with a prior report from the General Council of the Judiciary (CGPJ).

The Executive will be prohibited from issuing instructions on specific cases, and all general communications must be public and recorded. Furthermore, the Board of Prosecutors of the Supreme Court may overrule the Attorney General’s decisions with a three-fifths majority.

Appointments, promotions, and serious disciplinary actions will fall under the direct responsibility of the Attorney General, while the selection of investigative prosecutors will be based on objective and verifiable criteria.

Changes to popular prosecution and jury trials

The new Loecrim redefines the scope of popular prosecution, restricting who can exercise it. Political parties, trade unions, and public entities will be excluded, leaving this right solely to citizens and only for certain types of crimes — such as corruption, gender violence, hate crimes, illegal party financing, or consumer-related offenses.

The reform also consolidates the jury trial regulations within the same law, previously governed by separate legislation. However, burglary (breaking and entering) will be excluded from jury trials, as it is now included under summary proceedings.

Artificial intelligence and new forensic tools

Another key aspect of the reform is the digitalization of criminal proceedings. The new law introduces the use of advanced technologies in criminal investigations, including genetic analysis, toxicology, fingerprinting, digital evidence, remote biometric identification, and AI-based data and evidence management systems.

The goal is to modernize the tools available to the justice system without compromising due process or fundamental rights.

A new paradigm for Spanish criminal justice

This legislative attempt is the third in two decades. In 2011, the government of José Luis Rodríguez Zapatero drafted a bill under the direction of Francisco Caamaño and Juan Carlos Campo. In 2012, Mariano Rajoy’s administration promoted another version coordinated by Judge Manuel Marchena, which also failed to advance. Later, Campo revisited the reform in 2020, but his successor Pilar Llop halted it.

With the current draft, the government — through Justice Minister Félix Bolaños — aims to finalize a long-delayed reform that would move Spain away from a 19th-century investigative model toward a system aligned with European standards, where the Public Prosecutor leads investigations.

According to the minister, the new law seeks to balance efficiency, independence, and the protection of fundamental rights, shaping a more agile and rights-oriented model.

An opportunity to modernize criminal justice

The approval of this law will represent an unprecedented structural change in the Spanish justice system. If passed, it will mark the beginning of a new era in which prosecutors take the lead in criminal investigations and the institutional independence of the Public Prosecutor’s Office is reinforced.