Changes to criminal procedure to speed up justice and expand appeals

Automatic summary, not yet reviewed

1. Joining cases through connection is limited: non-connected crimes committed by the same person can only be tried together if the public prosecutor requests it and the judge finds it convenient, avoiding mega-trials.
2. Police reports for crimes with no known offender are no longer sent automatically to court: police keep them, except for serious crimes such as those against life, sexual freedom or corruption, or if there are leads after 72 hours.
3. Maximum time limits for the investigation phase are set: six months for simple cases and eighteen for complex ones, with possible extensions. The mere expiry of the deadline does not lead to dismissal of the case.
4. A new acceptance-of-decree procedure is created: if the prosecutor proposes a fine, community service or driving ban, and the accused accepts with a lawyer, the court turns the proposal into a final judgment without a trial.
5. An autonomous forfeiture procedure is regulated, allowing seizure of assets from crime even when the offender cannot be tried, for example if they died or are on the run. Third parties affected are protected, and the Asset Recovery and Management Office is created.
6. A second instance is generalized: judgments by the Provincial Courts (Audiencias Provinciales) and the Criminal Chamber of the National Court can be appealed. Cassation appeals are also expanded, and final judgments can be reviewed when the European Court of Human Rights finds they violated rights.

Who it affects

• People investigated or charged with minor or less serious crimes: They can end the case early by accepting the prosecutor's proposed sentence, with a lawyer.
• Victims and complainants: They are told their complaint with no known offender may not reach court, and they can file it again with the prosecutor's office or an investigating court.
• Third parties who own seized or forfeited assets: They can take part in the criminal case and appeal if the forfeiture affects them.
• People convicted at trial by Provincial Courts or the National Court: They get a second tier: they can appeal the judgment to a higher court.
• Judicial Police and the Public Prosecutor's Office: New rules on when to send police reports and who leads the investigation of assets for forfeiture.

Words worth knowing

Instrucción (investigation phase)

The first stage of a criminal case, where the judge investigates the facts before deciding whether there will be a trial.

Atestado (police report)

A report the police write with what they know and have done about a crime.

Decomiso (forfeiture)

A court-ordered removal of assets that come from a crime or were used to commit it.

Recurso de casación (cassation appeal)

An appeal to the Supreme Court to unify how the law is interpreted, not to retry the case.

Conexidad (connection of cases)

A link between several crimes that allows them to be tried together in a single case.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries