Judges and public prosecutors in the instruction of cases. Constitutional questions

This paper suggests a change in the Spanish penal procedure regarding its actual inquisitorial nature. At present time, as the Judge is in charge of criminal investigation and the Public Ministry controls the Judge, they have exchanged their constitutional missions within the pre-trial phase. The Judge must stop deciding on coercive investigation activities at his own and sole proposal. The Public Ministry must be capable to accomplish its proactive constitutional mission -not reactive as the Judge's- defending legality and public interest since the initial phase; as the faculty to hold charges during the trial belongs to the Public Ministry. Compared to more executive or judiciary public ministry models, the Spanish Public Ministry "impartiality collectively reflected" would unsurpassed endure all the due processes principles within the pre-trial phase.