Yes - that is how the system works here in Spain. That is why accidents are investigated by a team under a judge rather than an independent accident investigation system. The whole point of the exercise is to apportion blame. The judge in charge of the investigation into the Spanair accident has to decide, after his team have reported to him, to whom to attriubute blame and to what extent. As a side-issue, lessons will be learned but that is not the purposer of judiciary accident procedures in Spain.