The fire in Los Gallardos raises the deceased to 15 after a hospitalized woman died.

As of today, September 8, 2026, the judicial investigation into the Los Gallardos (Almería) fire is clearly in the instruction phase at the Vera Court of First Instance, with no public record that the case has been closed or that a specific accusation has yet been made against individuals or entities. At the same time, private accusations from the families are being organized and inquiries continue to clarify both the origin of the fire and the management of the emergency.

Current status of the judicial case

According to information gathered by the newspaper Demócrata, the procedure is processed in the Civil and Instruction Section No. 3 of the Vera Court of First Instance, which is the body responsible for:

• Clarifying the circumstances of the fire and its causes.
• Centralizing the proceedings for the recovery, identification, and subsequent delivery of the victims' bodies.
• Directing the criminal instruction and deciding, in due course, if there is a basis to open a trial.

On August 4, the court set a hearing for August 7 aimed at the relatives of the 14 deceased persons, to formally offer them the possibility to appear as private accusers in the case (as injured parties). Many of these hearings were held via videoconference, as many family members reside outside Spain.

On August 7, the first hearings and statements of family members were held, in which some expressed their intention to appear and voiced doubts about the authorities' actions, especially regarding the prior warnings and evacuation routes. These proceedings are part of the instruction phase and aim to gather information and organize the victims' participation in the procedure.

Regarding the reconstruction of events, the judicial investigation works with several pieces of information appearing in the news:

• The main hypothesis of origin points to the fall of an element of the electrical wiring as a possible initial cause of the fire, although this cause is not yet officially considered closed.
• The instruction analyzes how a group of victims may have taken an alternative exit route different from that recommended by emergency devices, becoming trapped by the fire.
• It has already been established in court the extent of the tragedy: 14 deceased and thousands of hectares burned, as well as the impact on several municipalities and the Sierra de Cabrera-Bédar Special Conservation Area.

There is no record in the consulted information that, as of today, an order has been issued to transform the case into a summary procedure nor, therefore, that the investigation is in the trial phase. Everything indicates that the case remains open and in the full preliminary inquiry phase.

Expected next procedural steps

Without prejudice to what the court decides based on the evidence, in a case of this nature the expected procedural steps are:

• Conducting further investigative proceedings: new witness statements, neighbors, emergency personnel, and those responsible for fire management; incorporation of documentation from Civil Protection, Infoca, Civil Guard, municipalities, and the Andalusian Government.
• Technical expert reports: expert assessments on electrical wiring, forest engineering and safety analysis, reconstruction of fire spread, and evaluation of whether prevention measures and warnings to the population complied with applicable regulations.
• Determination of possible criminal liabilities: if these proceedings reveal indications of crime (for example, crimes of forest fire by gross negligence, involuntary manslaughter, or environmental crimes), the court may summon as investigated persons (formerly "imputed") natural persons and, eventually, legal entities.
• Possible closure of the instruction: once essential proceedings are conducted, the court will forward the case to the Public Prosecutor and the accusations (private and, if applicable, popular) to file an indictment or request dismissal.
• Court decision:
  • If sufficient indications are found, it will issue an order for summary proceedings and, subsequently, an order to open oral trial against those considered responsible.
  • If not, it may order the dismissal (provisional or absolute) of the case.
• Trial and sentence: if an oral trial is opened, the hearing would be held before the competent criminal body (depending on the crimes finally considered), which will issue an acquittal or conviction.

In parallel to the criminal route, those affected are organizing citizen platforms and requests for investigative commissions in the Andalusian Parliament have been announced, but these are strictly political in nature and do not legally replace or condition the investigation led by the Vera Court of First Instance.

The Civil Section and the Instruction Section of the future Courts of First Instance are specialized internal units within the same collegiate judicial body, designed to replace the current dispersion of Courts of First Instance, Instruction, and mixed courts. Although their effective implementation in Andalusia depends on regulatory developments and judicial organization, the model allows a general explanation of their competencies and functions.

1. What is a Court of First Instance

The Court of First Instance is conceived as the single first-instance body in each judicial district, composed of several judges who act in a coordinated manner through functional sections. The central idea is:

• To overcome the model of an isolated “single-judge court.”
• To distribute cases internally based on specialization and workload criteria.
• To allow more flexible management of human resources and material means.

Within that Court of First Instance, among others, the Civil Section and the Instruction Section are created, which assume the matters currently handled by the Courts of First Instance and Instruction, respectively.

2. Civil Section: competencies and functions

The Civil Section would generally handle all matters currently under the jurisdiction of the Courts of First Instance (and, in districts without specialization, mixed courts). Among its typical competencies are:

• Disputes between private parties: claims for amounts, contractual and non-contractual liability, property conflicts, easements, co-ownership, etc.
• Family law and civil status: divorce, separation, annulment proceedings, child custody, alimony, legal capacity, guardianships, curatorships, support measures for persons with disabilities, except those legally assigned to specialized courts (e.g., violence against women).
• Real rights, leases, and horizontal property: evictions, conflicts in homeowners’ associations, reivindicatory and declaratory actions.
• Enforcement proceedings: enforcement of judgments and enforceable titles, seizures, auctions, mortgage foreclosures, civil precautionary measures.
• Special procedures in consumer matters, general contracting conditions, protection of fundamental rights in the civil sphere, among others.

Functionally, the Civil Section handles all phases of the first-instance civil process: admission of the claim, declaratory phase (pleadings, evidence, hearing), judgment, and, if applicable, enforcement. Judges of the Court of First Instance assigned to the Civil Section assume cases by internal distribution but belong organizationally to the same body.

3. Instruction Section: competencies and functions

The Instruction Section assumes the functions currently performed by the Courts of Instruction. Its core competence is the criminal investigation phase of offenses prosecuted ex officio or at the request of a party. Among its main functions:

• Receipt of reports and complaints and decision on their initiation or dismissal.
• Conducting investigative proceedings: statements of investigated persons and witnesses, expert reports, searches, home entries and searches, telephone interceptions, and other investigative measures, always with legal guarantees.
• Decision on criminal precautionary measures: provisional detention, release with measures, restraining orders, bail, asset seizures, etc.
• Qualification and conclusion of the instruction: adoption of the decision to continue the procedure (opening of oral trial, dismissal, referral to another body) and remittance to the trial body (criminal court, provincial court, jury court, etc.).
• Hearing trials for minor offenses or petty crimes to the extent procedural law assigns such competence.

Its role is, therefore, preparatory: it does not ordinarily try cases (except minor crimes assigned by law), but ensures that the procedure reaches the trial body with the necessary investigation and respecting procedural guarantees.

4. Relationship with specialized bodies and the Provincial Court

The implementation of Courts of First Instance in Andalusia must respect the existence of specialized bodies, such as the Courts on Violence against Women:

• The Courts on Violence against Women would maintain their dual role: criminal instruction of gender violence crimes and related civil jurisdiction (measures concerning the couple and children). Therefore, some functions that could theoretically correspond to the Civil or Instruction Sections are excluded in favor of these specialized bodies.
• The Provincial Court would continue to hear appeals against civil and criminal decisions issued in first instance by the Court of First Instance, and the trial of certain serious crimes. The Court of First Instance thus acts as the first judicial level.

In summary, in a model of Courts of First Instance applied to Andalusia, the Civil Section would concentrate on resolving private disputes and the Instruction Section on the criminal investigation prior to trial, coordinating both with specialized courts and the Provincial Court to offer a more flexible, homogeneous, and efficient justice service.

In Spain, relatives of victims of a forest fire can appear in the criminal case as injured parties and, if they wish, exercise the private accusation. To do so, a series of requirements regarding standing, proof of relationship, and procedural form must be met, which largely are common to any criminal proceeding with mortal victims.

1. Who can appear as injured party or private accuser?

The Criminal Procedure Act recognizes standing to:

• The victim themselves (if they survived with injuries or damages).
• In case of death, their heirs and closest relatives, in particular:
  • Widowed spouse or stable domestic partner (usually proven by registry inscription or accredited cohabitation).
  • Descendants: children (biological or adopted).
  • Ascendants: parents, and if applicable grandparents.
  • Siblings, especially when there is no spouse or children.

In practice, the judge usually admits as injured parties the first-degree relatives and, if applicable, other relatives who prove a relevant bond and legitimate interest (e.g., guardians or de facto caretakers). If there are several relatives, all may appear, although it is common to do so jointly with the same defense.

2. How to prove the family relationship and injured party status

To be admitted as a party, relatives must provide documentation justifying:

• The death of the victim: death certificate, forensic report, or equivalent official document.
• The kinship:
  • Family book or literal birth/marriage certificate.
  • In domestic partnerships, certificate from the domestic partnership registry or documentary proof of cohabitation.
• The harm: moral damage is presumed in close relatives; for material damages (loss of property, income, etc.) additional documentation may be required.

3. Procedural moment to appear

Relatives can appear:

• From the moment criminal proceedings are opened (usually preliminary proceedings in an instruction court).
• At any stage of the instruction and up to before the oral trial; the sooner they do so, the greater their capacity to propose evidence and appeal decisions.

If there is only a police or administrative investigation (e.g., by Environment or labor authorities), the criminal appearance occurs when the matter reaches the court and proceedings are initiated.

4. Reporting, being a witness, and private accusation: differences

• Complainant: the person who reports the facts to the police, prosecution, or court. Reporting does not automatically make the complainant a party.
• Witness: the person who testifies about what they know. May or may not be a relative. The witness has no power to appeal or direct the accusation.
• Private accuser: the injured party (victim or relatives) who appears as a party, with lawyer and court representative. Can request proceedings, file accusations, request penalties, appeal orders and sentences, etc.

5. Formal requirements for appearance

To appear as a private accuser, it is generally required:

• Lawyer and court representative appointed (freely chosen or assigned if legal aid is granted).
• Power of representation for the court representative:
  • Apud acta power before the Justice Administration lawyer (in court), or
  • Special notarial power for lawsuits.
• Appearance document signed by lawyer and court representative, in which:
  • The relatives appearing and their relationship to the victim are identified.
  • They request to be considered as injured parties or private accusers.
  • A domicile for notifications is designated.

Usually, filing a complaint is not essential when criminal proceedings are already open for the facts (e.g., forest fire with victims, involuntary manslaughter, environmental crime). The appearance document in those proceedings suffices. The complaint is more relevant when seeking to initiate the criminal procedure from scratch.

6. Particularities of forest fires

A forest fire with mortal victims is usually investigated for possible forest fire crimes, involuntary manslaughter, and even occupational safety crimes if the victims are workers (firefighters, crews, etc.). For relatives:

• Standing as injured parties does not change: it is based on death and kinship.
• There may also be other injured parties (landowners, public administrations, environmental groups with legitimate interests), but this does not limit the relatives’ standing.
• If the victim was a worker, the criminal case may be coordinated with administrative or social proceedings (labor inspection, benefit surcharges), but the criminal appearance follows the same general rules outlined.