We’re beginning 2016 and we wish to take a look at 2015 and analyze a very powerful developments which have occurred on the earth of Legislation and Justice.
Prison Legislation is the “most severe proper” as a result of it could result in the deprivation of liberty of individuals (essentially the most severe penalty in our democratic state), and exactly on this matter there have been necessary developments by the Organic Law 13/2015 that modifies the Prison Process Legislation. This regulation has essentially regulated procedural ensures and the technological analysis measures.
The principle novelties have been:
1º Limits to judicial investigation: In an effort to keep away from very lengthy directions in time, the easy causes can have a restrict of 6 months and the advanced ones of 18 months, extendable for a similar interval. The detractors of this measure affirm that in lots of processes the judges might discover themselves missing time to hold out an accurate instruction.
2º Throughout the line of the earlier novelty that protects much more the potential offender, we discover, for instance, that the choose should justify with an order why the detainee was held incommunicado that you’ll have the precise to 2 medical check-ups each 24 hours.
third One other instance, FFCC might take measures to guard the picture, honor and privateness of the alleged wrongdoer (for instance, avoiding taking pictures of them on the time of arrest).
4th One other measure that favors the suspect is that nameless police stories might be administrative in nature they usually might not suppose the opening of judicial proceedings.
5º I additionally know have accepted measures that make it simpler for judges and the FFCC to hold out their work:
a) For the primary time the intervention and recording of phone calls, SMS, emails and WHATSAPP is regulated! . This can be a clear instance of how the Legislation has to repeatedly adapt to developments in society.
b) The determine of confiscation is expanded in order that the belongings of the convicted individual will be intervened as quickly as potential, essential to get well the cash defrauded when committing crimes.
c) It’s regulated the determine of the undercover cop that he’ll be capable of use false identities within the community to analyze crime.
There are extra novelties of curiosity, for instance there are formal modifications such because the substitution of the time period “accused” by “investigated” and after the formal indictment by “accused”, however the above-mentioned novelties are the primary arrivals with the natural regulation of the yr Up to now, some profit the investigated and others hurt him. We’ll analyze the effectiveness of this regulation in every of its factors.