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What it is

Proposal to remove the maximum time limit for criminal investigations

Admitted step 2 of 7 · Withdrawn

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 24 January 2020. 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 122/000019· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill, introduced by the Socialist Parliamentary Group and not yet passed, would repeal Article 324 of the Criminal Procedure Act, removing the maximum time limit for the investigation phase of criminal cases.
  2. According to the statement of reasons, the 2015 reform that set those deadlines created legal uncertainty and a risk of impunity in complex cases, such as corruption or tax fraud, because control of the deadlines falls on the Public Prosecutor's Office rather than the investigating judge.
  3. If passed, the law would also apply to cases already underway when it takes effect, and it would enter into force the day after its publication in the Official State Gazette.

Who it affects

  • Investigating judges: They would again direct investigations without the maximum duration limit imposed by the 2015 reform.
  • Public prosecutors: They would no longer be responsible for requesting extensions of the investigation phase, a task the bill eliminates.
  • Victims and suspects in criminal cases: Complex cases could be investigated without the deadline cutting the investigation short.

Words worth knowing

Instrucción
The early phase of a criminal case in which the judge investigates the facts and gathers evidence before trial.
Derogar
To repeal, that is, to make a law or part of it no longer valid.
Ley de Enjuiciamiento Criminal
The Spanish law that sets out how criminal court proceedings work.
Proposición de ley
A bill introduced by a parliamentary group; it is not a law until it is passed.

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 It reached Admitted, and today it is withdrawn.

  1. Introduced24 January 2020Someone registers the text in the Congreso.
  2. Admitted28 January 2020The 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
Mar 2020Jun 202011. 24 January 2020: Presentación22. 28 January 2020: Boletín Oficial de las Cortes Generales Publicación desde 28/01/2020 hasta 31/01/202033. 28 January 2020: Calificación44. 31 January 2020: Gobierno Contestación desde 31/01/2020 hasta 31/01/202055. 31 January 2020: Pleno Toma en consideración desde 31/01/2020 hasta 02/09/202066. 2 September 2020: Concluido - (Retirado) desde 02/09/2020 hasta 07/09/2020

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?

Whoever introduced it withdrew it, or it was merged into another one. It goes no further.

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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