Article 324 Spanish Criminal Procedure Act: time limits on the investigation

Frequently asked questions

What effect does the application of Article 324 of the Spanish Criminal Procedure Act produce?

The provision imposes no penalty: it fixes the duration of the judicial investigation and deprives of validity the measures ordered once the period has run or the extension has been revoked.

What does Article 324 of the Spanish Criminal Procedure Act provide on the time limits and extensions?

The maximum twelve-month period from the opening of the case. Successive extensions, of six months or less, ordered of the court’s own motion or on application, after hearing the parties. A reasoned order setting out the causes of delay, the pending measures and their relevance. Validity of measures ordered before expiry even if received later, and invalidity of those ordered after. Closure of the investigation once its purpose is fulfilled or the period exhausted.

How does the defence make use of Article 324 of the Spanish Criminal Procedure Act?

Computing the period rigorously. Time runs from the opening of the case, not from the attribution of the offence. Rebuilding the calendar of the case, with its extensions and notifications, is the first defence act in any long investigation. Challenging boilerplate extensions. Extensions require stating the causes of delay and the specific pending measures with their relevance; stereotyped orders extending as a matter of routine are appealable. Seeking invalidity of late measures. Measures ordered after expiry or after revocation of the extension are invalid; expelling them from the case can dismantle the prosecution. Forcing closure. Once the period is exhausted the closing order must follow; the defence may demand it and appeal the investigating judge’s inaction, cutting off open-ended investigations.

Is the English text of Article 324 of the Spanish Criminal Procedure Act official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.