The PP has backtracked on its initiative to give the Prosecutor the exclusive “key” to control duration of criminal cases under the new Draft Law of Criminal Procedure.
The Public Ministry will not be the only party that can apply for extensions to the deadline established by the new standard for instructions, six months for singles and 18 for the complex with possibility to extend to 36 procedures.
The ‘popular’ they have been approved in the Justice Commission of the Congress of Deputies a compromise with CiU in which to expand personates rest of the proceedings the opportunity to request an extension of time.
The Procedure Act maintains, however, that may not be the judge, ex officio, who ordered the extension of the time required to instruct . The new terms replace “the inoperative period of one month”, foreseen in the current Criminal Procedure Act for the conduct of proceedings by “realistic” deadlines, after which it must decide whether the procedure is continued in intermediate phase or dismissal is issued Free or temporary.
That is, if the end of the maximum term of 18 months for complex cases the prosecutor, the other allegations or defenses do not apply for the extension of the proceedings, the judge will be forced elevate the cause for prosecution or archive it.
CAUSES IN PROGRESS
In addition, the standard will be accompanied by a transitional provision that will extend the application of these terms to the causes that are already course. In any case, instructional time “limit” will begin to run from the publication in the Official Gazette of the standard and does not take into account how many months or years have been devoted to the criminal investigation to date.
The standard considers as “complex” crimes committed by groups or criminal organizations, aimed at numerous offenses, involving large numbers of taxpayers or victims require performing skills involving the examination of abundant complicated documentation or analysis, conduct involving performances abroad, need to review the management of private or public legal persons, or are terrorism.
(EuropaPress)
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