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What it is

Bill to remove the maximum time limit for judicial 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 5 July 2019. Introduced by: Grupo Parlamentario Confederal de Unidas Podemos-En Comú Podem-Galicia en Común.

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 122/000019· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal Article 324 of the Criminal Procedure Act, which sets a six-month time limit for the investigation phase, or eighteen months in complex cases.
  2. If passed, the law would also apply to cases already underway when it takes effect.
  3. The sponsors argue that the current limit, with many exceptions, creates legal uncertainty and can leave serious crimes such as corruption unpunished, by forcing cases to be closed or tried before the investigation is complete.
  4. The law would be state-wide (the State has exclusive jurisdiction over justice) and would take effect the day after publication in the Official State Gazette, except for measures with budget costs.

Who it affects

  • Investigating judges: They would no longer face a six- or eighteen-month limit to investigate before trial.
  • People under investigation for serious crimes: They could see investigations of complex crimes, such as corruption or organized crime, completed more fully.
  • Public Prosecutor's Office (prosecutors): They would have more time to investigate before bringing charges or asking for dismissal.
  • Victims and accusers in open cases: Ongoing cases would follow the new regime with no time limit.

Words worth knowing

Instrucción (investigation phase)
The pre-trial stage in which the judge investigates whether there are signs of a crime and who may have committed it.
Derogación (repeal)
Ending the legal effect of a law or part of it.
Sobreseimiento (dismissal)
Closing a case without it going to trial.
Ley de punto final (point of final law)
A phrase used in the text for a law that, in practice, would close many cases without resolving them.

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. Introduced5 July 2019Someone registers the text in the Congreso.
  2. Admitted11 July 2019The 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 7 official steps on a timeline
Jul 2019Aug 201911. 5 July 2019: Presentación22. 11 July 2019: Boletín Oficial de las Cortes Generales Publicación desde 11/07/2019 hasta 16/07/201933. 11 July 2019: Calificación44. 16 July 2019: Gobierno Contestación desde 16/07/2019 hasta 09/09/201955. 9 September 2019: Pleno Toma en consideración desde 09/09/2019 hasta 17/09/201966. 17 September 2019: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 17/09/2019 hasta 23/09/201977. 23 September 2019: Concluido - (Caducado) desde 23/09/2019 hasta 23/10/2019

17 September 2019

How did the plenary vote?

More votes in favour 269 yes · 0 no · 69 abst.

Voted on: Private member's bill by the Confederal Unidas Podemos-En Comú Podem-Galicia en Común Parliamentary Group, repealing the maximum time limit provided for the investigation in the Criminal Procedure Law.

Source: Congreso de los Diputados, vote 1 of sitting 8· 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 Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc and VOX. 4 deputies voted differently from their group.

By province: in 46 most voted in favour; in 0, against.

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

  • In favour: 46
  • Against: 0
  • Tie: 5
Result by parliamentary group
GroupSeatsHow it voted
Republicano14
13 in favour · 1 did not vote
Socialista123
120 in favour · 3 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto18
10 in favour · 4 abst. · 4 did not vote
Ciudadanos56
56 in favour
Gcup-ec-gc42
40 in favour · 2 did not vote
Popular66
65 abst. · 1 did not vote
VOX24
24 in favour

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