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CRIMINAL PROCEDURE – STRATEGY

Defence in the Pre-trial Investigation: Indagatoria Hearing & Alternative Outcomes

Strategic defence begins at the pre-trial investigation stage. The objective is to avoid a full trial wherever the law and the evidence permit, and to manage risk from the very first procedural act.

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Indagatoria Hearing / Formal Charge: a Strategic Decision

Court Summons to Appear and Make a Statement (Indagatoria Hearing or Formal Charge)

This is a pivotal procedural act: the prosecution formally communicates the charge and its legal classification. The strategy — whether to make a statement or exercise the right to silence — is decided with the case file before us, having examined the evidence, the risks of remand in custody, any pending interim measures and the overall defensive objectives. Do not make any statement without prior review of the case file and analysis of the evidence.

Active Defence during the Pre-trial Investigation

During the pre-trial investigation, the prosecution gathers evidence and determines the direction of the case. We intervene by requesting expert reports, proposing witnesses, litigating procedural nullities and challenging precautionary measures. The primary objective is acquittal or archival of the case before any referral to trial.

Suspension of Trial on Probation in Domestic Violence Cases: a Technical and Realistic Approach

In cases involving domestic or gender-based violence, applications for Suspension of Trial on Probation are generally assessed under restrictive criteria. Judicial practice is shaped by specific legislative frameworks and relevant case law (e.g. Góngora).

Strategy is defined by facts, evidence and legal classification. Depending on the case, it may be viable to litigate interpretive questions, explore alternative disposals and pursue a resolution with conditions of conduct and appropriate measures — without any guarantee of outcome.

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Frequently Asked Questions

It depends on the case. Sometimes it is advantageous to make a statement; at other times, exercising the right to silence is the correct course. The decision is made with the case file and the evidence before us, weighing the risks (remand in custody, interim measures) against the defensive objective (acquittal, bail, agreement, etc.).

Suspension of Trial on Probation is an alternative disposal that may avoid trial and conviction. Its availability depends on the offence, the expected sentence, the defendant's prior record, the prosecution's position and judicial discretion. Where granted and complied with, the case closes without a conviction.

These are complex matters. Judicial practice tends to be restrictive and is analysed on the basis of the facts, evidence and legal classification. In certain circumstances, it is possible to litigate the interpretation and explore viable procedural alternatives, without any guarantee of outcome.

A plea agreement (juicio abreviado) is an arrangement with the prosecution that avoids a full oral hearing and proposes an agreed charge and sentencing framework, subject to judicial approval. It may reduce exposure depending on the evidence and the defensive objectives.

Procedural Topics You May Find Useful

Quick-access guides to understand the full procedural picture and choose the best course at each stage.

Map of criminal proceedings (spanish only)
Stages, actors, timescales and typical decisions.
Guide
First hearing / Indagatoria Hearing (spanish only)
What is argued, defensive objectives and common errors.
Guide
Release and coercive measures (spanish only)
Detention, bail, pre-trial detention and judicial oversight.
Guide
Intermediate stage and agreements (spanish only)
Charge review, plea agreements, Suspension of Trial on Probation: what to consider before signing.
Guide
Appeals: ordinary appeal, cassation and complaint (spanish only)
Grounds of appeal, irreversible prejudice, double jeopardy protection and how to succeed on appeal.
Guide
Criminal offences guides
Strategies, stages and tools for critical decisions.
Hub
Criminal case law
Court of Appeal/Cassation/Supreme Court: appeals, nullities and standards of review.
Hub
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