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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 20 July 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.

Follow this 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 limits for the investigation phase of criminal cases.
  2. If passed, it would also apply to cases already underway when it takes effect, not only to new ones.
  3. The sponsors argue that the current system of deadlines and extensions does not work, creates legal uncertainty, and has led to mass extension requests to keep thousands of cases from being closed without proper investigation.
  4. They also criticize that the current law bans increases in staff and costs, when in their view courts need more resources instead.

Who it affects

  • People under criminal investigation: Their cases would no longer be cut short by a maximum deadline.
  • Investigating judges: They would lose the deadline and extension system of Article 324.
  • Prosecutors and accusers: They would no longer need mass extension requests to keep cases open.
  • Victims of crime: Cases would not be automatically closed when the deadline runs out.

Words worth knowing

Instrucción
The first phase of a criminal case in Spain, where a judge investigates the facts before deciding whether there will be a trial.
Ley de Enjuiciamiento Criminal
The Spanish law that governs how criminal proceedings work.
Prórroga
An extension of a deadline so the case can continue longer.
Sobreseimiento
A decision ending the criminal case without a 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. Introduced20 July 2016Someone registers the text in the Congreso.
  2. Admitted6 September 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
Dec 2016Dec 2017Dec 201811. 20 July 2016: Presentación22. 6 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 06/09/2016 hasta 09/09/201633. 6 September 2016: Calificación44. 9 September 2016: Gobierno Contestación desde 09/09/2016 hasta 17/10/201655. 17 October 2016: Pleno Toma en consideración desde 17/10/2016 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

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:

Presented before in:

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.

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