The term “imputado”, widely used for years in Spain, was replaced in the Criminal Procedure Law with “investigado”, precisely to reinforce the presumption of innocence during the initial stages of the judicial procedure.
In the case of former Prime Minister José Luis Rodríguez Zapatero, information published this Tuesday indicates that he would have been summoned on June 2 as an “investigado” within the framework of the Plus Ultra case, related to the public bailout granted to the airline during the pandemic and to alleged money laundering, influence peddling, and document forgery operations.
What it means to be an “investigado”
When a judge summons someone as an “investigado”, they are formally recognizing their defense rights within a criminal case.
These include attending accompanied by a lawyer, accessing part of the proceedings, testifying voluntarily, or exercising the right not to testify.
The judicial investigation seeks to determine if there are solid indications of a crime or if, on the contrary, the case should be dismissed. Therefore, the status of “investigado” does not imply that there is a conviction nor does it guarantee that an oral trial will be held.
Why the National High Court intervenes
The National High Court does not investigate any criminal proceeding. It is a court specialized in crimes of particular complexity or with national and international scope.
Among the matters it usually handles are: terrorism, international drug trafficking, large financial schemes, money laundering, complex corruption, or crimes with ramifications outside of Spain.
This explains why investigations opened by this body usually have a high political and media impact.
The different stages of a criminal case
In the Spanish judicial system, there are relevant differences between the different stages of an investigation. A complaint or lawsuit, admission for processing, opening of proceedings, the status of “investigado”, prosecution, opening of oral trial, or a conviction are not the same. Many cases opened in the investigation phase end up being dismissed before reaching trial.