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Wednesday, 18 March 2015 12:14

Legal reform change accused by investigated

The Council of Ministers approved on Friday a draft Criminal Procedure Act (LEC), which waives some of the initial proposals more controversial as the possibility that the Interior Ministry intervened communications without judicial authorization. The standard predictably keeps setting deadlines for instruction despite the recommendation of the State Council and includes replacing the current "accused" by "investigated".

The standard has been cut in recent months, since the adoption of the draft in December and after the doubts offered by the advisory bodies regarding different issues initially included in the draft bill, as stated in the Europa Press agency.

The General Council of the Judiciary (CGPJ) warned in its report that the intervention of conversations without the approval of a judge could not have "constitutional situation" so the article that was collected was withdrawn. For its part, the State Council expressed concern about setting deadlines for instruction and considered that the proper investigation of crimes must prevail over speed. The draft provided for a normal period of six months of instruction expandable to 18 in complex cases and could be extended to 36 months.


Justice Minister Rafael Catala has repeatedly stated that it will respect the opinion of these bodies for consultation, despite which limits the judicial investigation will remain expected in the project that will go on Friday to the Council of Ministers, according to sources consulted by Europa Press.

Catala also put forward that the text should include the proposed improvements as regards the name "accused" for that person subject to a criminal investigation. The State Council said that the term is confusing and advised change it to "investigated" for the early stages of the process. As you increase the evidence or evidence be consolidated against the defendant, it would be called "prosecuted".

The Lecrim also include standards for the "connectedness" of offenses for which a "unique and differentiated" with the intention that the sentences be delivered in shorter times and avoid the 'macro-' instruction will be generated.

also enable a second criminal instance, a deficit that has been a constant criticism by international organizations such as UN committees or the European Court of Human Rights. The Boards of Civil and Criminal Divisions of the High Courts of Justice review the judgments in first instance by provincial courts and the Appeals Chamber of the High Court also strengthened.

Digital Newspaper Europapress