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What it is

Bill to remove the maximum time limit for criminal investigations

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 13 March 2017. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

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 122/000086· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill repeals Article 324 of the Criminal Procedure Act, which sets a maximum of six months for the investigation phase, or eighteen months for complex cases.
  2. The law would also apply to cases already underway when it takes effect, not only to new ones.
  3. According to the explanatory statement, the current deadlines make it hard to investigate complex crimes such as corruption or organized crime, and can lead to cases being closed or going to trial without a full investigation.
  4. The law would take effect the day after its publication in the Official State Gazette, except for measures with budget impact, which would wait until the following fiscal year.

Who it affects

  • Investigating judges and courts: They would no longer face the six- or eighteen-month maximum deadlines for investigations.
  • People under criminal investigation or prosecution: Investigation deadlines would change, including in cases already in progress.
  • Public Prosecutor's Office (Ministerio Fiscal): It would lose the role the repealed rule gave it over deadlines and extensions.

Words worth knowing

Instrucción
The early stage of a criminal case in which the judge investigates the facts before deciding whether there will be a trial.
Derogar
To repeal, that is, to remove a law or article and leave it without effect.
Sobreseimiento
Dismissal: closing a criminal case without a trial.
Diligencias
Investigation steps or procedures carried out by the judge during the investigation phase.

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 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced13 March 2017Someone registers the text in the Congreso.
  2. Admitted21 March 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments19 May 2017Groups propose changes.
  4. Committee20 December 2018A 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 12 official steps on a timeline
Mar 2017Jun 2017Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 13 March 2017: Presentación22. 21 March 2017: Boletín Oficial de las Cortes Generales Publicación desde 21/03/2017 hasta 24/03/201733. 21 March 2017: Calificación44. 24 March 2017: Gobierno Contestación desde 24/03/2017 hasta 05/05/201755. 5 May 2017: Pleno Toma en consideración desde 05/05/2017 hasta 11/05/201766. 11 May 2017: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 11/05/2017 hasta 16/05/201777. 16 May 2017: Comisión de Justicia Publicación desde 16/05/2017 hasta 19/05/201788. 19 May 2017: Comisión de Justicia Enmiendas desde 19/05/2017 hasta 27/02/201999. 19 December 2018: Comisión de Justicia Mesa - Calificación desde 19/12/2018 hasta 20/12/20181010. 20 December 2018: Comisión de Justicia Debate de totalidad desde 20/12/2018 hasta 21/02/20191111. 27 February 2019: Comisión de Justicia Informe desde 27/02/2019 hasta 05/03/20191212. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

21 February 2019

How did the plenary vote?

More votes against 133 yes · 202 no · 1 abst.

Voted on: Vote on the amendment to the whole with alternative text to the Private member's bill to repeal the maximum time limit provided for the investigation in the Criminal Procedure Law, submitted by the Popular Parliamentary Group in the Congress.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 35 of sitting 173· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Popular en el Congreso. Against, most of Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-em and GER. 6 deputies voted differently from their group.

By province: in 15 most voted in favour; in 28, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 15
  • Against: 28
  • Tie: 9
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
82 against · 2 did not vote
Vasco (EAJ-PNV)5
5 against
Mixto19
3 in favour · 15 against · 1 did not vote
Ciudadanos32
1 in favour · 29 against · 2 did not vote
Gcup-ec-em67
62 against · 5 did not vote
GER9
8 against · 1 did not vote
Popular en el Congreso134
129 in favour · 1 against · 1 abst. · 3 did not vote

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.

Read the full method · Report an error