The formation of summary, whether it begins ex officio or at the request of a party, will be the responsibility of the investigating Judges for crimes committed within their respective district or district and, failing that, to the others of the same city or town, when therein If there is more than one, either with them or by their delegation, to the municipal judges.
This provision is not applicable to cases specially entrusted by the Organic Law to certain Courts, since for them they may appoint a special investigating Judge, or authorize the ordinary one to follow up on the summary.
The appointment of an investigating judge may only fall to a Magistrate of the same Court, or to an official of the judicial order in active service of those existing within the territory of said Court. Once appointed, he will work with jurisdiction own and independent.
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When the instructor is a Magistrate, he may delegate his functions, in case of essential necessity, to the investigating Judge of the point where the proceedings are to be carried out.
When the crime is by its nature one that can only be committed by Authorities or officials subject to a higher jurisdiction, the ordinary investigating Judges, in urgent cases, may agree on the necessary precautionary measures to avoid its concealment; but they will send the proceedings in the shortest possible time, which in no case may exceed three days, to the competent Court, which will decide on the initiation of the summary, and, in due course, on whether or not there is room for the processing of the Indicted authority or official.
art 303 lecrim
This article from the Spanish LECRIM refers to who is responsible for the training of the summary secret and also establishes certain exceptions.