Criminal Investigation Procedures: Statements, Witnesses, Evidence
T7: Acts of Concrete Research
Statements by the Accused
One of the citizens’ fundamental rights, recognized in Article 24.2 of the Constitution, is the right not to self-incriminate and not to plead guilty. If arrested, an initial statement, known as an inquiry, is taken within 24 hours of detention, extendable for another 48 hours with just cause. This process is repeated as often as the instructor, prosecutor, or other parties deem necessary. The first interrogation aims to determine personal circumstances, criminal records, and the accused’s understanding of the complaint, in addition to ascertaining the facts and alleged participation. Subsequent interrogations will focus on these aspects.
The accused has several guarantees: the right to remain silent, give evasive answers, contradict prior statements to the police or even before a judge. Any breach of these guarantees renders such statements void. A guilty plea alone is insufficient and does not preclude further investigation to verify the facts, requiring the confessor to provide all necessary information. This differs in summary proceedings or speedy trials, where the recognition of facts can lead to sentencing and completion of the process. This also applies to speedy trials.
Witness Statements
Witness statements are covered in Chapter V of Title V of Book II of the Criminal Procedure Law, Section 410 et seq. All those residing in Spanish territory, with certain exceptions, are obliged to attend court and testify. Failure to appear or reluctance to testify may result in a fine. Persistent refusal can lead to being brought before a judge by law enforcement, potentially resulting in charges of obstruction of justice or disobedience to authority. Witnesses residing outside the judicial district are subpoenaed only when absolutely necessary. Witnesses cannot be asked leading or suggestive questions, nor can coercion, deception, promises, or obligations be used to influence their testimony. If witnesses or the accused disagree about a relevant fact or circumstance, the judge may arrange a confrontation, usually between two people at a time. Early testimony can be taken if a witness cannot appear in the oral proceedings during the pretrial stage, with the same guarantees as in oral proceedings. The witness protection measures established in Organic Law 19/94 of December 23 may also apply to both witnesses and expert witnesses, in accordance with Article 1.
Expert Reports
Expert reports are governed by Article 456 of the Code of Criminal Procedure. The judge may order an expert report when scientific or artistic expertise is necessary to understand important facts or circumstances in the indictment. The expert is always an external party who provides specialized knowledge and is subject to reporting on specific issues. Typically, there are two experts. Experts must ratify their report at trial and will be interrogated by all parties.
Body of Evidence
Body of evidence is defined as tangible elements and materials directly used in or related to the commission of offenses. If these materials are physical and incriminating, they are known as incriminating evidence. In summary proceedings involving weapons, the police may take possession of them. Vehicle registration certificates and compulsory insurance documents can also be seized. In cases of violent death, the judge is responsible for the removal of the corpse, identification documents, or witness statements. After the 2003 reform, this can be delegated to the coroner. This also applies to railways.
Judicial Recognition
Judicial recognition is regulated by Articles 326 to 333 of the Criminal Procedure Code (CPP). This is an investigative act where the instructor examines the facts and circumstances of an incident. Depending on the nature of the case, the instructor, accompanied by the secretary, must conduct this act. The defendant must be notified and can attend with or without counsel, even if in custody. A form of judicial recognition is the reconstruction of events, although this is not specifically regulated in the CPP.