All about the Reform of the Criminal Procedure Law for 2024: Changes and New Features
On December 19, 2023, Royal Decree-Law 6/2023 was published in the Official State Gazette (BOE), approving the urgent measures for the implementation of the Recovery, Transformation and Resilience Plan in matters of public justice service, public service, local government and patronage, which introduces the modification of nine articles of the Criminal Procedure Law and the creation of a new one.
At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona , we analyze legislative developments and their impact on criminal proceedings, as well as the practical implications of reforms to the Criminal Procedure Law.
Reform of the Criminal Procedure Law by Royal Decree-Law 6/2023
The modifications made by the aforementioned Decree-Law will come into force on March 20, 2024 and are as follows:
1. MODIFICATION OF ARTICLE 109 LECRIM.
The first article to be amended is Article 109 of the Spanish Criminal Procedure Law (LECrim). Specifically, this article establishes the obligation to make the necessary adaptations and adjustments in legal proceedings involving people with disabilities, in relation to communication, comprehension, and interaction with their environment. It must be ensured that:
a) All communications with persons with disabilities, whether oral or written, shall be made in clear, simple and accessible language for them or made to the person who provides support to the person with a disability for the exercise of their legal capacity.
b) The person with a disability is provided with the necessary assistance or support to make themselves understood.
c) Allow the participation of an expert professional who performs the necessary adaptation and adjustment tasks so that the person with a disability can understand and be understood.
d) The person with a disability may be accompanied by a person of their choice from the first contact with the authorities and officials.
2. MODIFICATION OF ARTICLE 252 LECRIM.
Article 252 of the Lecrim adds that the authorized notes of final judgments in which any penalty or security measure is imposed and the orders in which the rebellion of defendants is declared must be sent respectively to the Central Registry of Convicted Persons, the Central Registry of Precautionary Measures, Requisitions and Non-Final Judgments and the Central Registry for the Protection of Victims of Domestic and Gender Violence.
In the procedures for the cancellation of the registration of criminal records in the Central Register of Convicted Persons initiated at the request of the interested party, the application will be considered rejected once the maximum period established has elapsed without an express resolution having been issued and notified.
3. CREATION OF ARTICLE 258 BIS LECRIM.
Title XIV, concerning procedural acts conducted electronically, is created, introducing Article 258 Bis of the Criminal Procedure Law. This article, the only one in this Title, establishes that all procedural actions will preferably be carried out electronically , unless the judge or court orders otherwise in light of the circumstances.
When will the physical presence of the person under investigation or accused be required at the headquarters of the judicial body?
- In felony trials and jury trials.
- In trials for less serious offenses, when the sentence exceeds two years’ imprisonment, or, if of a different nature, when its duration does not exceed six years, if so requested by the defendant or their lawyer, or if the judicial body deems it necessary. The decision must be made in a reasoned order.
- In all other cases, if requested by the defendant or their lawyer, or if the court deems it necessary, the decision must be made in a reasoned order.
- In any case, in the processes and trials, when the accused resides in the same demarcation of the judicial body that knows or should know the case, unless there are justified causes or force majeure.
When the physical presence of the suspect or accused is required, the physical presence of their legal counsel will also be necessary . When their testimony is permitted remotely, the suspect’s or accused’s lawyer will appear with them or at the courthouse. If the accused decides not to appear at the courthouse, they must notify the court at least five days in advance.
It will be specifically ensured that the statements or interrogations of the accusing parties, witnesses or experts are carried out electronically in the following cases , unless the Judge or Court, by means of a reasoned resolution, deems their physical presence necessary:
a) When they are victims of gender violence, sexual violence, human trafficking or when they are victims who are minors or have a disability.
b) When the witness or expert appears in their capacity as an Authority or public official, then carrying out their intervention from a secure access point.
The provisions of this article shall also apply to proceedings held before the lawyers of the Administration of Justice or before the Public Ministry.
4. MODIFICATION OF ARTICLE 265 LECRIM.
This article adds a second point specifying the minimum content that a complaint must contain , whether the complainant is a natural or legal person. This content must include the complainant’s identification and a detailed account of the incident. In the case of a legal person or an entity without legal personality, the natural person filing the complaint on its behalf must also be identified, indicating their relationship to the legal person or entity without legal personality making the complaint.
Likewise, if known, the people who committed the act and the witnesses must be identified, as well as providing any source of knowledge that the complainant may have to clarify the facts.
5. MODIFICATION OF ARTICLE 266 OF THE LECRIM
Article 266 of the Lecrim incorporates the possibility of including electronic signatures in complaints In accordance with the legislation on digital signatures, and, in the case of legal persons, it is established that it will be signed with a qualified electronic certificate with the attribute of representative, or with the means that allow the identification of the legal person, as well as the natural person who makes the complaint.
6. MODIFICATION OF ARTICLES 512 AND 514 LECRIM.
Articles 512 and 514 of the Criminal Procedure Law are amended to introduce the requirement that arrest warrants issued by the judge be sent to the Administrative Registry System for Support of the Administration of Justice (SIRAJ), and that the corresponding orders be sent to the State Security Forces and Corps and the Regional Police Forces of those Autonomous Communities with jurisdiction in matters of public safety. All of this will be published in the Single Edictal Notice Board and added to the case file.
7. MODIFICATION OF ARTICLE 643 LECRIM.
The modification of article 643 establishes that, when the whereabouts of the interested parties are unknown, they will be summoned by edicts that will be published in the Single Judicial Edictal Board.
8. MODIFICATION OF SECTIONS 1 AND 2 OF ARTICLE 743 LECRIM.
Paragraphs 1 and 2 of Article 743 are amended to establish that the proceedings of the oral trial and other oral actions shall be documented in accordance with the provisions of Articles 146 and 147 of the Civil Procedure Law , and that the court office shall ensure the proper incorporation of the recording into the electronic court file. The parties may request electronic access to the original recordings.
Provided the necessary technological means are available, these will guarantee the authenticity and integrity of what is recorded or reproduced.
9. MODIFICATION OF ARTICLE 954 LECRIM.
Finally, the third paragraph of Article 954 of the Spanish Criminal Procedure Law (LECrim), concerning the review of a final judicial decision, is amended to establish that the State Attorney’s Office may intervene, without being a party to the proceedings, either on its own initiative or at the request of the judicial body, by providing information or submitting written observations on matters relating to the execution of the judgment of the European Court of Human Rights. The decision on the review will be notified to the State Attorney General’s Office, and it will be informed of the main actions taken as a result of the review.
In June 2023, a reform of this law was approved, regulating various procedural measures that modify the rules governing proceedings in different jurisdictions. For a detailed explanation, please see our article on the Reform of the Criminal Procedure Law through Royal Decree-Law 5/2023 .
