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What it is

Bill to suspend a trial when the lawyer is on maternity or paternity leave

Amendments step 3 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 15 June 2021. 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 124/000008· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would add a new ground for suspending the oral trial under the Criminal Procedure Law: that the lawyer of the party requesting the suspension is on maternity or paternity leave.
  2. The explanatory statement says civil procedure law already allows hearings to be suspended for maternity or paternity leave, but criminal procedure law does not, which sometimes leads courts to deny the suspension in criminal cases.
  3. It also cites a 2007 protocol of the High Court of Justice of Catalonia that already suspended court proceedings for the sixty days following childbirth.
  4. The rule would take effect the day after its publication in the Official State Gazette. Note: this is a bill still in the legislative process, not an approved law.

Who it affects

  • Lawyers on maternity or paternity leave: They could get the oral trial they are working on suspended.
  • Parties in a criminal case: If their lawyer is on maternity or paternity leave, they could request a suspension of the trial.
  • Criminal courts: They would have an explicit ground to suspend the oral trial in these cases.

Words worth knowing

Juicio oral
The main hearing in a criminal case, where evidence is presented and each side argues its position.
Suspensión del juicio
Stopping the trial and postponing it for a reason recognized by law.
Ley de Enjuiciamiento Criminal
The Spanish law that governs how criminal cases work.
Proposición de ley
A bill: a text proposing a law that is not yet approved or in force.

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 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced15 June 2021Someone registers the text in the Congreso.
  2. Admitted22 June 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments25 June 2021Groups 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 5 official steps on a timeline
Dec 2021Dec 202211. 15 June 2021: Presentación22. 22 June 2021: Comisión de Justicia Publicación desde 22/06/2021 hasta 25/06/202133. 22 June 2021: Calificación44. 25 June 2021: Comisión de Justicia Enmiendas desde 25/06/2021 hasta 30/05/202355. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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 has not been presented again yet.

The same initiative in the other chamber:

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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