It has been explained before that, due to the large number of victims, until criminal intentions (i.e. terrorist attack), behaviours or neglicency can be ruled out and the case can be classified as an accident, a parallel (and higher in hierarchy) judicial investigation is being carried on.
All evidence must be presented to the judge in charge of the case. The judge has allowed the parallel technical civil aviation authorities' investigation to be carried on at the same time.
So until the judge is satisfied that it was an unfortunate accident (no criminal intent) and nobody knowingly screwed up too much (no criminal neglicency), he is the top person in charge.
The judge in this case could perhaps be thought as a General Attorney in the US or similar. He is a judge, but judges are able to initiate and command investigation in Spain's judiciary system, and usually do so in cases involving large organizations (drug cartels, terrorism), etc.
He sees probable cause and requests the police to investigate under his command.
There is also a separate equivalent to the US general attorney, the "fiscal general del estado", which can investigate and present a case in front of a judge, representing the state. He is not investigating the accident.
Last edited by justme69; 29th Aug 2008 at 11:01.