Post by rajiyakhatun406 on Feb 12, 2024 3:09:36 GMT -5
With a cursory observation of the aforementioned general provision, we can conclude that the most significant modification that we find in this reform is, without a doubt, the expansion of the criminal investigation and therefore of the judicial investigation . And this, extending said investigation from the six months established by the now reformed Law 41/2015 of October 5, modifying the Criminal Procedure Law to streamline Criminal Justice and strengthen procedural guarantees, up to a maximum period of twelve months from the initiation of the case.
In the same way, the current text indicates in its first point that if the investigating judge determines that the investigation cannot be concluded prior to the twelve months stated, he can "agree ex officio or at the request of a party" and once the "successive Ecuador Email List extensions for periods equal to or less than six months" . In this way, the initiative for proposing the aforementioned extensions is now transferred to the investigating judge to the detriment of the Public Prosecutor's Office, which previously held it. Another very important aspect to take into account regarding this reform is that it will also affect the "processes that are in process on the date of entry into force of this law . " "This reform is intended to address a legal reality that , with the previous period of six months, was not adapted to the advance and proliferation of technological crimes.
As a last appreciation that we can review of the new art. 324, note that within the present reform there is an abandonment of the distinction between complex and non-complex causes . Thus excluding the previous “corset” offered in the second section of the already reformed article. The preamble of Law 2/2020, of July 27, which modifies article 324 of the Criminal Procedure Law, states that “simply establishing a maximum limit on the duration of the investigation has proven harmful because "can lead to impunity for the prosecution of complex crimes , it is no less true that establishing certain limits on the duration of the investigation is a guarantee for the rights of the defendants.
In the same way, the current text indicates in its first point that if the investigating judge determines that the investigation cannot be concluded prior to the twelve months stated, he can "agree ex officio or at the request of a party" and once the "successive Ecuador Email List extensions for periods equal to or less than six months" . In this way, the initiative for proposing the aforementioned extensions is now transferred to the investigating judge to the detriment of the Public Prosecutor's Office, which previously held it. Another very important aspect to take into account regarding this reform is that it will also affect the "processes that are in process on the date of entry into force of this law . " "This reform is intended to address a legal reality that , with the previous period of six months, was not adapted to the advance and proliferation of technological crimes.
As a last appreciation that we can review of the new art. 324, note that within the present reform there is an abandonment of the distinction between complex and non-complex causes . Thus excluding the previous “corset” offered in the second section of the already reformed article. The preamble of Law 2/2020, of July 27, which modifies article 324 of the Criminal Procedure Law, states that “simply establishing a maximum limit on the duration of the investigation has proven harmful because "can lead to impunity for the prosecution of complex crimes , it is no less true that establishing certain limits on the duration of the investigation is a guarantee for the rights of the defendants.