How the European Public Prosecutor's Office works in Spain

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1. The law adapts to the Spanish legal system the EU Regulation that creates the European Public Prosecutor's Office, the body that investigates and prosecutes crimes harming the European Union's financial interests.
2. European Delegated Prosecutors can investigate across the whole country crimes such as fraud against the EU budget, fraud of EU subsidies, related money laundering, bribery and embezzlement affecting those interests, as well as smuggling.
3. It creates the figure of the Judge of Guarantees: an impartial judge who authorizes investigative steps limiting fundamental rights, orders personal precautionary measures, controls the secrecy of the investigation and decides on opening the trial or dismissing the case.
4. The investigation is led by the European Delegated Prosecutor, not by an investigating judge. When the European Public Prosecutor's Office takes a case, national authorities must refrain from investigating it, although in urgent cases courts may carry out the first steps.
5. The person under investigation has guaranteed rights: learning the alleged facts at a first hearing, being assisted by a lawyer, not testifying, having a free interpreter, and proposing investigative steps and exculpatory evidence.
6. Victims may join the proceedings as a private prosecution and bring civil claims for compensation, but popular prosecution is not allowed in this procedure.
7. It regulates precautionary measures to secure payment of fines, compensation and confiscation, including against legal persons and third-party civil liable parties, plus a special procedure to preserve evidence that might not be available at trial.
8. The law amends other rules: the Public Prosecutor's Organic Statute, the Judiciary Act, the Jury Court Act, the Criminal Code and the law on mutual recognition of criminal decisions, to fit the new institution into the Spanish system.

Who it affects

• Individuals and companies investigated for crimes against the EU's financial interests: They will be investigated by a European Delegated Prosecutor, with a Judge of Guarantees protecting their fundamental rights.
• Victims of these crimes: They can join as a private prosecution and claim civil compensation.
• Spanish prosecutors and judges: They can be appointed European Delegated Prosecutors, moving to a special service status based in Madrid.
• National courts and authorities: They must report to the European Public Prosecutor's Office any facts that may fall under its powers and refrain from investigating them if it takes the case.

Words worth knowing

Fiscal europeo delegado (European Delegated Prosecutor)

A Spanish prosecutor appointed to carry out, in Spain, the investigation and prosecution tasks of the European Public Prosecutor's Office.

Juez de garantías (Judge of Guarantees)

A judge who does not investigate, but checks that measures affecting fundamental rights are lawful.

Decreto (decree)

A written decision issued by the prosecutor to order or deny investigative steps.

Avocación (avocation)

The mechanism by which the European Public Prosecutor's Office takes over a case that a national authority was investigating.

Sobreseimiento (dismissal)

A judicial decision ending the case without trial, in whole or in part.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries