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What it is

Protection for witnesses and experts in criminal cases

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 14 October 1993. Introduced by: Senado.

Official title: Private member's Organic bill on the protection of witnesses and experts in criminal cases.

Follow this law

Source: Congreso de los Diputados, file 124/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law protects witnesses and experts in criminal cases when the judge finds a serious danger to them or their closest relatives.
  2. The investigating judge can hide the witness's or expert's name, home, workplace and profession, and can even have them appear without their face being visible.
  3. They are protected from being photographed and, in exceptional cases, they can be given a new identity, money to move, and police protection.
  4. The trial court can keep, change or remove the protection measures, and protected statements only count as evidence if they are confirmed at the oral trial.

Who it affects

  • Witnesses and experts in criminal cases: They can testify with their identity hidden and receive police protection or a new identity if there is serious danger.
  • Judges and courts: They decide which protection measures to apply and must guarantee the defendant's right to a defense.
  • State law enforcement agencies and the Public Prosecutor's Office: They must prevent protected witnesses from being photographed and can escort them.
  • The parties in the criminal case: They can ask to learn the identity of witnesses, and the judge must provide their name and surname while keeping the other protections.

Words worth knowing

Perito
A person with technical knowledge who informs the judge about an aspect of the case, for example a doctor or an engineer.
Juez de instrucción
The judge who investigates the case before the trial.
Recurso de reforma o súplica
A request made to the same judge or court asking them to review one of their own decisions.
Calificación provisional
A brief in which each party sets out the facts they accuse or defend before the trial.

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. Introduced14 October 1993Someone registers the text in the Congreso.
  2. Admitted19 October 1993The 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
Oct 199311. 14 October 1993: Presentación22. 19 October 1993: 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.

Published in the BOE: Organic Law 19/1994, of December 23, on the protection of witnesses and experts in criminal proceedings.

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