La paulatina metamorfosis del juez de instrucción como juez de garantías: pautas jurídicas para la pervivencia de una arraigada institución

Abstract

From our point of view, we consider that the abolition of the Spanish’s examining magistrate could be dangerous for the guarantees of our system. Usually, on the modern times, a lot of people assume that safeguard this figure is an anachronism, because this institution attack the accusatory principle and it´s a reminiscence of the ancient inquisitorial system. On the other side, we believe that the examining magistrate could be well thought-out like an evolution of the judge of guarantees on duty. We distinguish betewen the investigation who is an area reserved to the prosecutor, and the judiciary actuation. The first point should not broke the civil rights, the second point, the judicial, could interfere on the civil rights of the citizens. Finally, we consider that the eventual reform should require a constitutional reform changing that General Prosecutor, from this moment on, have to be elected by a qualified quorum of the Parliament and it could not be chosen by the Government, as actually succeed. We believe that justice must not only be done; it must also be seen to be done, and to keep up appearances, it is of vital importance for the credibility of the actual judicial system.