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What it is

Bill to suspend criminal trials for maternity or paternity leave

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 19 December 2017. Introduced by: Senado.

Official title: Private member's bill amending the Royal Decree of 14 September 1882 approving the Criminal Procedure Law, to incorporate maternity and paternity among the causes for suspension of the oral trial.

Follow this law

Source: Congreso de los Diputados, file 124/000004· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would add a new reason to suspend the oral hearing in a criminal case: that the lawyer of the party requesting the suspension is on maternity or paternity leave.
  2. The explanatory statement notes that civil procedure law already allows this suspension, but criminal procedure law does not, and that this sometimes leads courts to deny the suspension.
  3. The final provision proposes that the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Lawyers on maternity or paternity leave: They could get the criminal trial they are involved in suspended.
  • People involved in criminal trials: Their trial could be postponed if their lawyer is on maternity or paternity leave.

Words worth knowing

Juicio oral
The stage of a criminal case where the court hears the parties and evidence before deciding.
Ley de Enjuiciamiento Criminal
The Spanish law that regulates how criminal cases work.
Proposición de ley
A bill: a text proposed by the Congress or Senate to create a new law; it is not an approved law yet.

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. Introduced19 December 2017Someone registers the text in the Congreso.
  2. Admitted9 January 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments12 January 2018Groups propose changes.
  4. Committee7 November 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 6 official steps on a timeline
Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 19 December 2017: Presentación22. 9 January 2018: Comisión de Justicia Publicación desde 09/01/2018 hasta 12/01/201833. 9 January 2018: Calificación44. 12 January 2018: Comisión de Justicia Enmiendas desde 12/01/2018 hasta 07/11/201855. 7 November 2018: Comisión de Justicia Informe desde 07/11/2018 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:

The same initiative in the other chamber:

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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