Learning that preliminary proceedings (diligencias previas) have been opened against you is usually unsettling. In reality, it is the start of the investigation phase, and understanding what comes next helps you face it with sound judgement.
What preliminary proceedings are
They are the investigation phase of the abbreviated procedure (the channel for most offences). The investigating judge examines the facts to decide whether there is sufficient basis to bring someone to trial or whether the case should be dismissed.
What they are for
Their purpose is to establish the offence and identify those responsible, by carrying out the necessary steps. They are neither a trial nor a conviction: they are an investigation that may end in dismissal.
The suspect and their rights (art. 118 LECrim)
From the moment an offence is attributed to you, you have the right to be informed, to appoint a lawyer, to access the case file (unless it is declared secret) and to remain silent. Exercising these rights correctly is essential.
Usual investigative steps
Statements by the suspect, witnesses and experts; expert reports; documentary evidence; and, where applicable, searches or interceptions ordered by the court with due safeguards.
Secrecy of the proceedings
The judge may declare the proceedings secret for a period, restricting the parties’ access so as not to frustrate the investigation. Knowing when secrecy is lifted is key for the defence.
Possible outcomes
The investigation may end in dismissal (closure of the case, definitive or provisional) or in the opening of the trial if there is sufficient evidence. The defence works from the outset to steer the case towards dismissal where appropriate.
Frequently asked questions
Am I “charged” (imputado)? The current term is “investigado” (suspect); it does not mean conviction. Will the case be dismissed? It depends on the evidence; a strong early defence helps. How long do they last? The investigation is subject to statutory time limits, which may be extended with reasons given.
Are you in this situation? Do not make any statement or take decisions without legal advice. At Société Juridique we are available for emergencies 24 hours a day: 669 30 21 13.
Informative guide; it does not constitute legal advice.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
