Models of the Pre-Procedural Level of Investigation of Economic Crimes: Spanish Experience

Abstract

Pre-procedural or non-procedural activities for the investigation of economic crimes are the activities to investigate crimes committed in the sphere of economy that are carried out before the initiation of criminal proceedings. In Spain, it is entrusted to the following state bodies: the judicial police, the prosecutor's office, and administrative bodies. The choice of the pre-procedural model of investigating an economic crime in modern Spain is subject to a variety of factors, including the specifics of interpersonal relations that have developed between law enforcement officials. The distinctive features inherent in the Spanish pre-procedural activity in the investigation of economic crimes are its spontaneity and the lack of uniformity in the procedure for its conduct. In particular, there is no legal certainty as to who decides on the commencement of pre-procedural activities to investigate an economic crime, as well as orderliness in who is assigned the main responsibility in the direction of its progress. The non-procedural investigation of economic crimes in Spain is carried out in accordance with the models that were gradually introduced into practice through the generalization of the customs of professional activities of law enforcement agencies that are understandable only to the staff of the bodies considered in the article. In modern times in Spain, four non-procedural models of the investigation of economic crimes with different constituent composition have been formed. In this case, it is impossible not to note the role of the administrative bodies in the investigation of economic crimes. Some Spanish researchers refer it to a separate investigation model, since it has its own order and dynamics. At the same time, the models under consideration are increasingly moving away from the order of investigation established by law, which calls into question legal security and creates a threat to the principle of legality. Within the framework of the projects on the reform of criminal justice in Spain, it is proposed to assign the responsibility for investigating criminal cases, particularly for economic crimes, to the prosecutor and the judge responsible for ensuring procedural guarantees. However, the feasibility of this project, even in the opinion of the Spanish researchers themselves, is questionable. In this regard, the authors in this article consider not only the positive aspects of each non-procedural model for the investigation of economic crimes in Spain, but also their shortcomings.