The popular accusation: a necessary but questioned institution

Abstract

The institution of Popular prosecution is a figure with a strong tradition in the Spanish legal system. Since its origins, it has been understood as a citizen’s right to participate in the administration of justice independently of the role exercised by the State through the Public Prosecutor’s Office.Within a procedural model governed by the accusatorial principle —where the Public Prosecutor operates under the principles of hierarchical subordination and unity of action— the existence of popular prosecution serves as a necessary counterbalance to potential inaction by the prosecution, especially in particularly sensitive or high-profile cases.This mechanism has also proven effective in protecting victims, offering specialized support in the defense of vulnerable groups. However, in recent years, judicial and legislative initiatives aiming to restrict its scope have multiplied. The most recent legislative proposal, introduced in January 2025, marks a troubling step toward its practical extinction, as it significantly reduces both the substance and the scope of application of this institution