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What it is

Proposal to remove the time limit on 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 19 July 2019. 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 122/000034· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal Article 324 of the Criminal Procedure Act, the provision that sets the maximum length of the investigation phase in criminal cases.
  2. If passed, it would also apply to cases already underway when it takes effect, not only to new ones.
  3. It would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).
  4. The sponsors argue that the current time limit creates legal uncertainty and a risk of impunity in complex cases, such as corruption or tax fraud, and that it puts prosecutors, who do not lead the investigation, in charge of controlling deadlines.

Who it affects

  • People under criminal investigation or facing charges: There would no longer be a maximum deadline closing the investigation, so inquiries could last longer.
  • Victims of crime: According to the bill, the risk of their cases being closed because a deadline expired would drop.
  • Investigating judges: They would regain full control over how long investigations last, without the extension regime of Article 324.
  • Prosecutors: They would lose the exclusive duty to request investigation extensions that the 2015 reform gave them.

Words worth knowing

Instrucción (investigation phase)
The first stage of a criminal case, where a judge investigates the facts before deciding whether there will be a trial.
Derogar (repeal)
To remove a law or part of it from the legal system.
Prórroga (extension)
An extension of the investigation deadline to keep gathering evidence.
Prescripción (statute of limitations)
A rule under which a crime can no longer be punished after a certain amount of time passes.
Ley de Enjuiciamiento Criminal (Criminal Procedure Act)
The Spanish law that sets out 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. Introduced19 July 2019Someone registers the text in the Congreso.
  2. Admitted25 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 6 official steps on a timeline
Jul 2019Aug 201911. 19 July 2019: Presentación22. 25 July 2019: Boletín Oficial de las Cortes Generales Publicación desde 25/07/2019 hasta 30/07/201933. 25 July 2019: Calificación44. 30 July 2019: Gobierno Contestación desde 30/07/2019 hasta 30/08/201955. 30 August 2019: Pleno Toma en consideración desde 30/08/2019 hasta 24/09/201966. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

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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