• Enters into force the new Criminal Procedure Act

    Enters into force the new Criminal Procedure Act

    The amended Criminal Procedure Law came into force on Monday, December 7, after being published in the Official State Bulletin (BOE) two months ago.

    One of the main news refers to periods of instruction, namely providing shorten rule requires an ordinary period of six months for the common causes and eighteen for the most complex, with the possibility of extension up to thirty six months. In the case of applying for extension of time, you must make the tax or, in exceptional cases, other appearing parties, but may not request the judge.

    The intent of the new standard is that investigations of major issues of corruption last longer than three years. Although the setting of deadlines has been a problem for the prosecution, which has detected 370,000 cases by check before the expiry of six months set for simple causes or for complex 18.

    On the other hand, the new law eliminates the use of the term “defendant” and replaced by “investigated” during the first phase of education, and by “indicted” in case there is evidence to suggest that He is committing a crime.

    The amended standard also allows the interception of all types of electronic through any communications device used. First recording and interception of telephone communications and telematics is regulated, such as SMS, email or WhatsApp messages as long as you have obtained judicial authorization. The judge may authorize interventions provided the offense under investigation entails more than three years in prison, whenever you commit a criminal organization and when connected to terrorism. However, the new Criminal Procedure Act allows, in case of emergency, Interior Minister ordered the police to intervene private communications. If this happens, you will be communicated to the competent court within a period not exceeding twenty four hours. The latter has the ability to accept or revoke the intervention ordered by Interior within 72 hours.

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