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What it is

Proposal to remove the maximum time limit for criminal investigations

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 14 January 2016. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill to repeal the maximum time limit provided for the investigation phase in the Criminal Procedure Law.

Source: Congreso de los Diputados, file 122/000005· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal Article 324 of the Criminal Procedure Act, which sets the maximum time limit for the investigation phase of criminal cases.
  2. If passed, the new rule would also apply to cases already underway when it takes effect.
  3. The rule would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).
  4. The sponsors argue that the current deadlines create legal uncertainty and can lead to impunity, and they call for more staff and resources for the courts instead of deadlines.

Who it affects

  • People under investigation in criminal cases: The maximum investigation deadline in Article 324 would no longer apply to them.
  • Judges handling investigations: They would no longer have to meet those maximum deadlines.
  • Prosecutors and accusing parties: They could no longer end the process simply because the deadlines ran out.

Words worth knowing

Instrucción
The first phase of a criminal case in Spain, where a judge investigates the facts before deciding whether to hold a trial.
Ley de Enjuiciamiento Criminal
The Spanish law that governs how criminal cases work.
Derogación
Repeal, that is, eliminating a law or part of it.
Sobreseimiento
A decision that closes a criminal case without going to trial.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced14 January 2016Someone registers the text in the Congreso.
  2. Admitted2 February 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Jan 2016Feb 2016Mar 2016Apr 201611. 14 January 2016: Presentación22. 2 February 2016: Boletín Oficial de las Cortes Generales Publicación desde 02/02/2016 hasta 10/02/201633. 2 February 2016: Calificación44. 10 February 2016: Gobierno Contestación desde 10/02/2016 hasta 17/03/201655. 17 March 2016: Pleno Toma en consideración desde 17/03/2016 hasta 03/05/201666. 3 May 2016: Concluido - (Caducado) desde 03/05/2016 hasta 20/05/2016

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.