The Burro Canaglia fire case moves to the intermediate phase

The investigation ends, but there is no trial yet

The Madrid investigating court has ordered proceedings to continue under the abbreviated procedure in the case concerning the fire at the Burro Canaglia restaurant, which occurred on April 21, 2023. The order, dated October 2, 2026, places the case in the intermediate phase: it concludes the investigation and allows the prosecution parties to decide how to proceed, but it does not find any person guilty or mean that the oral trial has already been opened.

The proceedings are investigating possible offenses of negligent homicide or injury and offenses against workers’ rights. These are provisional legal classifications, subject to the parties’ submissions and, where applicable, to a court’s subsequent assessment.

Ten days for the prosecution parties to state their position

The judge has given the Public Prosecutor’s Office and the private prosecutors who have entered the proceedings a common deadline of ten days to submit their written pleadings. They may request the opening of an oral trial and bring charges, seek dismissal—that is, the closure of the case—or, exceptionally, request supplementary investigative steps that they consider essential to bringing charges.

The next step therefore depends on those requests. The decision that has been made public does not anticipate the position of the Public Prosecutor’s Office or the private prosecutors, or the outcome of any decisions subsequently made by the judicial authorities.

The case involves people connected with management, the franchise, and the project

Reports on the order identify six people under investigation: the director of the company that owns the restaurant, the manager of the establishment, two directors of the franchisor Foodology Lab, and two architects associated with the premises’ project. The reports consulted differ on the number: one says five, although its own list also adds up to six; others report six. This difference does not change the scope of the procedural decision, which does not establish proven individual liability.

The case examines possible liability relating to the management of the establishment, the franchise, and technical aspects of the premises. The investigation gathered, among other evidence, reports from the Labour Inspectorate concerning the decor, the use of flames to serve certain dishes, emergency planning, and evacuation conditions. These matters form part of the proceedings, but do not in themselves amount to a judicial finding of guilt.

A fire that claimed three lives

The fire broke out while a flambéed pizza was being served and spread through the restaurant’s decor. Three people died and several were injured. The case remains open to determine whether there is sufficient evidence to bring the people under investigation to trial and, if so, what specific facts and liabilities the charges would rely on.

The decision to continue under the abbreviated procedure must be distinguished from a conviction: the people under investigation retain the presumption of innocence. Nor does it constitute the effective opening of the oral trial, which will depend on the parties’ written pleadings and subsequent procedural decisions.