Spain has approved a draft law that could completely transform the country’s criminal justice system. Under the new proposal, prosecutors—not judges—will lead criminal investigations. The decision, adopted by the Council of Ministers, has become one of the most hotly debated judicial reforms in recent years.
According to the draft, the Ministry of Justice proposes transferring all investigatory powers to the prosecutor’s office. This would mean changing not only the investigation process itself, but also the structure of the authorities responsible for oversight and decision-making. Notably, the renowned Civil Guard’s Central Operative Unit (UCO) and the Economic and Financial Crime Unit (Udef) will come under the direct supervision of prosecutors. From now on, all actions by these units will be coordinated by the prosecution rather than judges.
A major change also affects the role of the attorney general, whose term will be increased to five years and will no longer depend on changes of government. This is intended to boost the independence of the office, though critics point out that most key positions in the prosecutor’s office are held by individuals close to the ruling party. Additionally, to resolve internal disputes, the powers of the collegial body—the Council of Prosecutors—will be strengthened, enabling it to overrule the attorney general’s position if a majority of members vote in favor.
The law also introduces new rules for the so-called ‘guarantee judge’. This judge will oversee the protection of the rights of all parties involved in the process, monitor investigation deadlines, and authorize measures such as arrest or search. Once the investigation is complete, a different judge will decide whether the case goes to trial, while a third judge will hear the charges on their merits.
The ability for political parties, trade unions, and other organizations connected to the state to participate in criminal cases is also being significantly restricted. From now on, they can no longer act as private prosecutors in most cases, except for a few particularly serious offenses such as corruption, crimes against consumers, party financing, and certain others.
If the reform is approved by parliament, it will take effect on January 1, 2028. Authorities emphasize that the changes will not affect investigations already underway or impact the current Attorney General. However, the future of the law remains uncertain: many political groups have expressed doubts and are not ready to support such sweeping changes.
