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What it is

Bill 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 8 April 2016. Introduced by: Grupo Parlamentario Podemos-En Comú Podem-En Marea.

Official title: Private member's bill repealing article 324 of the Criminal Procedure Law.

Follow this law

Source: Congreso de los Diputados, file 122/000029· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal Article 324 of the Spanish Criminal Procedure Act, removing the maximum time limit for the investigation phase: six months in general and eighteen months for cases declared complex.
  2. The sponsors argue that these deadlines, without more resources for the courts, make it hard to complete investigations, especially in corruption, fraud and organized crime cases, and could lead to impunity or to trials without a full investigation.
  3. If passed, the rule would also apply to cases already underway when it takes effect, and it would enter into force the day after its publication in the Official State Gazette.

Who it affects

  • People under investigation or charged in criminal cases: There would no longer be a maximum deadline to close the investigation of their case, if the bill passes.
  • Investigating judges and courts: They would again be able to investigate without the time limit of Article 324.
  • Victims of complex crimes: Investigations of serious cases, such as corruption or financial crimes, could last longer without being dismissed for missing a deadline.

Words worth knowing

Instrucción
The first phase of a criminal case in Spain, where the judge investigates the facts before deciding whether there will be a trial.
Derogar
To repeal, that is, to do away with a law or an article of a law.
Sobreseimiento
Dismissal: ending a criminal case without a trial.
Ley de Enjuiciamiento Criminal
The Spanish law that governs how criminal cases work.

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. Introduced8 April 2016Someone registers the text in the Congreso.
  2. Admitted12 April 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
Apr 2016Apr 2016Apr 2016Apr 2016May 201611. 8 April 2016: Presentación22. 12 April 2016: Mesa del Congreso Requerimiento de antecedentes desde 12/04/2016 hasta 03/05/201633. 12 April 2016: Boletín Oficial de las Cortes Generales Publicación desde 12/04/2016 hasta 15/04/201644. 12 April 2016: Calificación55. 15 April 2016: Gobierno Contestación desde 15/04/2016 hasta 03/05/201666. 3 May 2016: Concluido - (Caducado) desde 03/05/2016 hasta 20/05/2016 Nota: Esta iniciativa fue retirada el día 28/04/2016. Caducada el día 03/05/2016, en aplicación del artículo 207 del Reglamento de la Cámara.

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 has not been presented again yet.

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.

Read the full method · Report an error