Monday, January 12, 2015

The GCJ reserves approves the new Spanish law on Justice – Reuters Spain

The GCJ reserves approves the new Spanish law on Justice – Reuters Spain

MADRID (Reuters) – The General Council of the Judiciary Judicial (GCJ) showed on Monday doubts about the constitutionality of the interception of communications that includes a law prepared by the government to streamline the functioning of justice.

The GCJ, the highest governing body for the functioning of justice, broadly approved the draft of the Criminal Procedure Act, although criticized allowed to intervene communications without prior judicial authorization in some cases.

The bill provides that the Minister of the Interior or the Secretary of State for Security may order interception of communications” in case of emergency “and to investigate crimes committed by criminal organizations, terrorism, against minors or other particularly serious -. but in any case they must communicate within a maximum period of 24 hours to a judge who must validate or annul the measure within 72 hours

“The report adopted today states that this provision raises serious questions of constitutional situation,” said GCJ in a press release.

Under Spanish law, the interception of communications must be authorized by a judge and secrecy of communications has limits only in cases of armed gangs or terrorists.

The reports of GCJ are not binding on the government.

REOPEN THE INSTRUCTION

In a country with repeated instances of corruption in which legal proceedings drag on for years before the saturation of the courts, the new law intended to limit to six months extendable to 18 deadlines for the instruction of a summary. Continued …

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