About the Duration of the Investigation Procedures in the Cases Attributed to the European Delegated Prosecutors and the more than Doubtful Constitutionality of Article 42 of the Organic Law of July 1st, 2021

Abstract

In this paper we intend to interpret article 42 of the Organic Law of July 1st, 2021 and the exclusion of article 324 of the Criminal Procedure Act in the investigation procedures attributed to the European Delegated Prosecutors, doing a systematic study of the evolution of the investigation period in criminal cases from a constitutional perspective of the right of defence, the right to be tried without undue delay and the right to a due process recognized in Article 24.2 of the Spanish Constitution. Concluding that the different treatment of the investigation period in the Criminal Procedure Act and in the Organic Law of July 1st, 2021 lacks constitutional justification, as it originates an unequal and discriminatory treatment that violates Article 14 of the Spanish Constitution. This discrimination is not justified in the CJEU jurisprudence contained in the judgment of June 5 th, 2018.