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Filing a report is the crucial first step to activate the criminal justice system. But what happens after that initial act? Many people feel lost and disoriented because they do not know how the case progresses, what to expect, or what their rights are. This comprehensive guide will explain, step by step, the criminal process that is set in motion after reporting a crime, from the initial investigation to the possible holding of a trial.

I. The Preliminary Investigation: The Beginning of the Criminal Process

Once you file the report with the competent authorities (police, Guardia Civil, court), the preliminary investigation phase begins. The main objective of this stage is to determine whether there are sufficient indications that a crime has been committed and who might be responsible.

1.1. Collection of Evidence and Proof

The competent authorities, under the direction of the Public Prosecutor's Office (the prosecutor), will carry out a series of procedures to collect relevant proof and evidence. This may include:

• Taking statements: Statements will be taken from the complainant, possible witnesses and, eventually, from the alleged perpetrator of the crime. It is essential that statements are clear, precise and consistent.
• On-site inspection: An inspection of the place where the crime was committed will be carried out to look for traces, marks or any other element that may be relevant to the investigation.
• Collection of documents: Documents that may be related to the crime, such as contracts, invoices, medical records, etc., will be requested and analyzed.
• Forensic analysis: If necessary, forensic analyses of objects, substances or people will be requested (DNA, fingerprints, toxicological analyses, etc.).
• Interception of communications: With judicial authorization, telephone or electronic communications of the alleged perpetrator may be intercepted. (This is reserved for serious crimes and always under strict judicial supervision).

1.2. Duration of the Preliminary Investigation

The duration of the preliminary investigation can vary considerably depending on the complexity of the case, the availability of evidence and the workload of the authorities. There is no fixed time limit set by law, but the authorities must act with the utmost diligence to avoid undue delays.

II. The Legal Classification of the Offense and the Judicial Decision

Once the preliminary investigation is completed, the Public Prosecutor's Office (the prosecutor) will analyze the collected proof and evidence and determine whether there are sufficient indications to charge a person or persons with having committed a crime. At this point, the prosecutor will make a legal classification of the offense, that is, determine what type of crime has been committed and what penalty could correspond to it.

2.1. Dismissal of the Case or Opening of the Oral Trial

After the legal classification of the offense, the prosecutor has two main options:

• Dismiss the case: If the prosecutor considers that there are not sufficient indications to accuse anyone, or that the evidence is insufficient to support an accusation at trial, they may request that the judge dismiss the case. The judge will decide whether to accept the prosecutor's request.
• Request the opening of the oral trial: If the prosecutor considers that there are sufficient indications to accuse a person or persons, they will request that the judge open the oral trial. In this case, a formal accusation will be filed against the alleged perpetrator of the crime.

III. The Oral Trial: Presentation of Evidence and Defense

If the judge decides to open the oral trial, a public hearing will be held in which the evidence and arguments of both the prosecution (prosecutor) and the defense (the accused's lawyer) will be presented. The oral trial is a crucial stage of the criminal process, as it is where the defendant's guilt or innocence will be determined.

3.1. Presentation of Evidence and Testimonies

During the oral trial, the evidence and testimonies collected during the preliminary investigation will be presented. This may include:

• Defendant's statement: The defendant has the right to testify at trial and to answer questions from the prosecutor and from their own lawyer.
• Witness testimony: Witnesses who were called to testify during the preliminary investigation may be summoned to testify at trial.
• Presentation of documentary evidence: Documents, photographs, videos or other materials that may be relevant to the case may be presented.
• Presentation of expert evidence: Expert reports prepared by specialists in different areas (forensic medicine, ballistics, computer forensics, etc.) may be presented.

3.2. Closing Arguments and Verdict

Once all evidence and testimonies have been presented, the prosecutor and the defense attorney will present their closing arguments, summarizing their positions and asking the judge to issue a verdict in their favor. After hearing the closing arguments, the judge will render a verdict, determining whether the defendant is guilty or innocent.

IV. The Sentence and Appeals

The sentence issued by the judge may be a conviction (if the defendant is found guilty) or an acquittal (if the defendant is found innocent). In the case of a guilty sentence, the penalty that the defendant must serve will be established.

4.1. Possibility of Appeals

Both the prosecutor and the defense attorney can appeal the sentence issued by the judge if they consider that an error was made in the process or that the sentence is unjust. Appeals are filed with a higher court, which will review the sentence and decide whether to confirm it, modify it, or overturn it.

V. Legal Advice: A Fundamental Right

Throughout the criminal process, it is essential to have the advice of a lawyer specialized in criminal law. A lawyer can inform you about your rights, represent you before the authorities and help you prepare your defense. If you do not have the financial means to hire a lawyer, you can request free legal aid.