WESTLEY Capper and Craig Porter could stand trial for the disappearance of Agnese Klavina ‘within weeks’.
According to legal sources, if convicted, the pair could receive 12-year sentences for abduction.
The lack of a body means they cannot be charged with murder.
Prosecutor Fernando Scornik Gernstein maintains the dead body of Klavina, a Latvian waitress, was thrown out to sea by the duo after they abducted her from Puerto Banus nightclub Aqwa Myst.
The 30-year-old was last seen getting into a car with Capper, 39 and Porter, 35, on September 6 2014.
CCTV showed she was forced into the car, while the bouncer at the time held the car door shut as she tried to escape.
He will also stand trial.
The men admitted leaving with Klavina but claim they dropped her off near her home in San Pedro.
However Porter contradicted this version of events in a later reconstruction, causing a judge to label his statement as ‘improbable’.
Privately educated Capper and pal Porter were seen five days after Klavina’s disappearance, dragging a huge suitcase onto a yacht in La Duquesa.
They donned caps and hoodies and actively tried to avoid their faces being seen by CCTV cameras.
They sailed towards Ibiza but docked in La Manga, claiming engine trouble, before driving back to Marbella.
In May 2016, 18 months after Klavina vanished, we exclusively revealed how the twisted duo went for a curry immediately after Capper ran over and killed a Bolivian mother in San Pedro de Alcantara.
They both had cocaine and alcohol in their system.
Capper was released on bail, but could receive an additional manslaughter sentence at the upcoming trial.