Receiving a notification from a Spanish court and reading that you are investigado, imputado or acusado is frightening, and more so when the words are in a language and a legal system that are not yours. Here is what each term means, in plain English, because understanding what stage you are at is the first step to defending yourself well.
What does investigado mean?
Being investigado means a Spanish court is directing a criminal investigation against you because there are indications that you may have taken part in an offence. It does not mean you are guilty or that you will be convicted: it is an inquiry stage. But it does mean you should take the matter seriously from the first moment and have a lawyer.
Investigado vs imputado: what changed in 2015
They are, in essence, the same thing. Until 2015, the person under investigation was called imputado. A reform changed the term to investigado to reduce the social stigma the word carried, since many people confuse being imputado with being guilty. So if you hear imputado in the news or in conversation, in current legal language it is equivalent to investigado.
Imputado, procesado, acusado: the next stages
As the proceedings advance, your situation changes name and seriousness. In some procedures, when there are sufficient indications, the court issues a ruling that formalises the accusation (the old procesado). And when the case reaches trial with a formal accusation against you, you become acusado. Each step means the suspicion has taken more concrete shape, and the defence works differently at each stage.
What should I do at each stage?
The essentials do not change: you have the right to a lawyer and the right to remain silent at every stage, and you should exercise them from the start. The earlier your defence gets involved, the more room there is to dismantle the investigation or stop the case from moving forward. Waiting until you are acusado to react is one of the most common mistakes. If you have received a summons or a notification and do not know where you stand, tell me about your case and I will clarify it for you.
This article is for information purposes only and does not constitute legal advice. Every case has specific circumstances that can completely change the analysis. If you need guidance on your situation, speak to a criminal defence lawyer.
