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What it is

New rules for detainees in terrorism and armed band crimes

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 15 December 1987. Introduced by: GOBIERNO.

Official title: Organic Government bill on the reform of the Criminal Procedure Law.

Follow this law

Source: Congreso de los Diputados, file 121/000067· updated 11 Nov

Automatic summary, not yet reviewed

  1. A public official held in provisional detention for a terrorism-related crime is automatically suspended from office while the detention lasts.
  2. Detention for these crimes can last 72 hours and be extended by up to 48 more with a judge's approval. The judge can also order that the detainee be held incommunicado while deciding on that request.
  3. Police may on their own arrest people suspected of these crimes even if they hide inside a house, search the place, and seize items related to the crime. They must report to the judge immediately.
  4. A judge can monitor the mail and phone calls of people under investigation for up to three months, renewable. In urgent terrorism cases, the Minister of the Interior can order it, but the judge must confirm or revoke it within 72 hours.

Who it affects

  • Public officials detained for terrorism-related crimes: They are suspended from their position while in provisional detention.
  • People arrested as suspected participants in these crimes: They can be held up to 120 hours and held incommunicado.
  • Police officers: They can arrest, search homes, and seize items on their own in these cases.
  • People under investigation for these crimes: Their letters and calls can be monitored by a judge for up to three months, renewable.

Words worth knowing

Prisión provisional
Keeping someone in jail while the crime is being investigated, before trial.
Auto de procesamiento
A judge's decision finding indications against a person and naming them as accused.
Incomunicación
The detainee cannot communicate with people outside, such as family, except their lawyer.
Flagrante delito
A crime being committed at that moment or just committed.
Delitos conexos
Different but related crimes handled in the same case.

It summarizes the law as published in the BOE. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced15 December 1987Someone registers the text in the Congreso.
  2. Admitted15 December 1987The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Dec 198711. 15 December 1987: Presentación22. 15 December 1987: Calificación

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?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

It was presented again:

Published in the BOE: Organic Law 4/1988, of May 25, on the Reform of the Criminal Procedure Act.

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