Spanish criminal procedure examined: successes, opportunities and failures in the adaptation to EU requirements

Abstract

This paper examines at what stage of the process of adaptation to European requirements the system of criminal justice in Spain finds itself. First, it focuses on its major achievements regarding the rights of suspects and accused (in particular, the reinforcement of the following guarantees: the right to information, the right to interpretation and translation, the right to legal assistance, the right to legal aid and personal data protection rules) as well as the protection of victims, as reinforced by the promotion of restorative justice. Secondly, the author reflects on areas requiring improvement on which the Spanish legislator might focus its attention in the short term: the protection of children who are accused in criminal proceedings, the legal treatment of internal complaints (and whistleblowers) and, finally, the presumption of innocence. Thirdly, it highlights some failures in the Spanish process of adaptation to European requirements: namely, delays, non-compliance with EU obligations and the lack of resources needed to implement required changes.