All about the Reform of the Criminal Procedure Law by 2024: Changes and Novelties

On December 19, 2023, Royal Decree-Law 6/2023 was published in the Official State Gazette (BOE), approving urgent measures for the execution of the Recovery, Transformation and Resilience Plan in the areas of public service of justice, civil service, local regime and patronage, which introduces the amendment of nine articles of the Criminal Procedure Law and the creation of a new one.

Reform of the Criminal Procedure Law by Royal Decree-Law 6/2023

The amendments made by the aforementioned Decree-Law will come into effect on March 20, 2024 and are as follows:

MODIFICATION OF ARTICLE 109 LECRIM.

The first of the articles to be amended is Article 109 of the LECrim. Specifically, this article contemplates the duty to make the necessary adaptations and adjustments in the processes in which people with disabilities participate, in relation to communication, understanding and interaction with the environment. It must be ensured that:

a) All communications with persons with disabilities, oral or written, are made in clear, simple and accessible language for them or are made to the person who supports the person with disabilities in the exercise of his or her legal capacity.

b) The person with a disability is provided with the necessary assistance or supports to enable him/her to make himself/herself understood.

(c) An expert professional is allowed to participate to perform the necessary accommodations and adjustments 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 his or her choice from the first contact with authorities and officials.

2. AMENDMENT OF ARTICLE 252 LECRIM.

Article 252 of the Lecrim adds that the authorized notes of final judgments imposing a sentence or security measure and the orders declaring the default of accused persons must be sent respectively to the Central Registry of Convicted Persons, the Central Registry of Precautionary Measures, Injunctions and Non-Final Judgments and the Central Registry for the Protection of Victims of Domestic and Gender Violence.

In proceedings 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 request will be deemed to have been rejected once the maximum period established has elapsed without an express decision having been issued and notified.

3. CREATION OF ARTICLE 258 BIS LECRIM.

Title XIV is created in relation to procedural acts by means of telematic presence, in which Article 258 Bis of the Lecrim is introduced. Said article, the only one in this Title, establishes that all procedural actions will be carried out preferably by means of telematic presence, unless the judge or the court orders otherwise in view of the circumstances.

When will the physical presence of the investigated or accused person at the court’s premises be required?

1. In felony trials and jury court trials.
2. In trials for less serious crimes when the sentence exceeds two years’ imprisonment or, if it is of a different nature, when its duration does not exceed six years if so requested by him or his counsel or if the judicial body deems it necessary. The decision shall be taken in a reasoned order.
3. In the rest of the trials if he or his counsel so requests, or if the judicial body deems it necessary. The decision shall be made in a reasoned order.
4. In any case, in proceedings and trials, when the accused resides in the same demarcation of the judicial body that hears or must hear the case, unless there are justified causes or force majeure.

When the physical presence of the investigated or accused person is provided for, the physical presence of his defense counsel shall also be required. When his telematic statement is allowed, the lawyer of the investigated or accused person shall appear together with him or at the seat of the judicial body. If the accused decides not to appear at the seat of the judicial body, he/she must give at least five days’ notice.

It will be especially guaranteed that the statements or interrogations of the accusing parties, witnesses or experts will be carried out telematically 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, trafficking in human beings or when they are victims who are minors or disabled.

b) When the witness or expert witness appears in his or her capacity as an Authority or public official, making his or her intervention from a secure access point.

The provisions of this article shall also apply to proceedings held before the attorneys of the Administration of Justice or before the Public Prosecutor’s Office.

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, and must include the identification of the complainant and a detailed description of the event. In the case of a legal person or unincorporated entity, the natural person making the complaint on its behalf must also be identified, indicating its relationship with the complainant legal person or unincorporated entity.

Likewise, if known, the persons who committed the offense and witnesses must be identified, as well as 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 the telematic signature in the complaints in accordance with the digital signature legislation, 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 making the complaint.

6. MODIFICATION OF ARTICLES 512 AND 514 LECRIM.

Articles 512 and 514 of the Lecrim are modified by introducing the sending of the requisitions agreed by the judge to the System of Administrative Records of Support to the Administration of Justice (SIRAJ) and the appropriate orders to the State Security Forces and Corps and to the Autonomous Police Corps of those Autonomous Communities with competences in matters of public security. All of the above will be published in the Single Bulletin Board and will be attached to the case.

7. MODIFICATION OF ARTICLE 643 LECRIM.

The amendment to Article 643 establishes that, when the whereabouts of the interested parties are unknown, they will be summoned by edicts to be published on the Single Judicial Bulletin Board.

8. MODIFICATION OF PARAGRAPHS 1 AND 2 OF ARTICLE 743 LECRIM.

Paragraphs 1 and 2 of article 743 are modified establishing that the development of the oral trial sessions and other oral proceedings will be documented in accordance with the provisions of articles 146 and 147 of the Civil Procedure Law, and that the judicial office must ensure the correct incorporation of the recording to the electronic judicial file. The parties may request electronic access to the original recordings.

Provided that the necessary technological means are available, they shall guarantee the authenticity and integrity of what is recorded or reproduced.

9. MODIFICATION OF ARTICLE 954 LECRIM.

Finally, the third section of Article 954 of the Criminal Procedure Act is amended in relation to the review of a final judicial decision, and it is established that the State Attorney’s Office may intervene, without having the status of a party, on its own initiative or at the request of the judicial body, by providing information or submitting written observations on issues relating to the execution of the Judgment of the European Court of Human Rights. The State Attorney General’s Office will be notified of the decision of the review and will be informed of the main actions to be carried out as a result of the review.

In June 2023 a reform of this law was already approved in which several measures of procedural nature were regulated that modify the regulations governing the process in the different jurisdictional orders. If you want to read in detail we explain it in our article on the Reform of the Criminal Procedure Law by Royal Decree Law 5/2023.