Bill 741.

Summary.

The bill amends Article 271 of the Criminal Procedure Code (Código Procesal Penal) to govern preliminary investigations opened on the authorities’ own initiative, following a criminal complaint, or following a private accusation. For investigations opened following a complaint or private accusation, the Public Prosecutor’s Office (Ministerio Público) would have a maximum of eighteen (18) months from the start of the investigation to complete it. A Guarantees Judge could grant a single extension of up to six (6) months by a reasoned decision. The judge would consider the diligence shown, the complexity of the case, and investigative steps that remain pending or could not be completed for objective reasons. An investigation opened on the authorities’ own initiative would have the same initial period, measured from its formal commencement. In that case, the Guarantees Judge could grant successive extensions of up to six (6) months each upon a reasoned request from the prosecutor establishing their necessity and addressing those circumstances. Unjustified inactivity by the Public Prosecutor’s Office would never justify an extension.

The amendment to Article 280 provides that, when the Public Prosecutor’s Office considers the evidence sufficient to bring charges against one or more individuals, it must request a hearing before a Guarantees Judge. At that hearing, the prosecutor would orally inform the persons under investigation of the specific offenses being investigated. The statement of charges would have to identify the accused person, set out the relevant facts, state their provisional legal classification and the person’s degree of participation, and identify the supporting evidentiary material. At the same hearing, the defense could object to or rebut the charges, seek clarification, or request that they be refused or rejected. The Guarantees Judge would weigh procedural and constitutional principles and assess the minimum evidentiary basis connecting the person to the alleged offenses and their forms of commission before accepting or rejecting the charges. Once charges are formally stated, the person would be formally joined to the proceedings and the applicable legal time limits and effects would begin.

The amended Article 349 governs decisions on the accusation and the opening of oral trial. At the end of the hearing, if it has not been suspended, or on a new date set within five days after receipt of the case materials from the Trial Court (Tribunal de Juicio), the Guarantees Judge would issue an order rejecting the accusation or opening oral trial. The judge could reject an accusation that includes facts or persons absent from the statement of charges, fails to give a precise and circumstantial account of the alleged acts and their legal classification in light of the case file, or lacks evidence connecting the accused person to the charged offense. After rejection, the judge could order provisional dismissal or give the Public Prosecutor’s Office a reasonable period to correct the deficiencies and complete the accusation.

The order opening trial would identify the competent court, parties, accusation and formal corrections; record facts established under Article 343, any restorative action, and evidence under Article 346; and identify witnesses, experts and interpreters to be summoned, with their addresses unless withheld under Article 332. The bill reiterates the amendments to Articles 271, 280 and 349 and provides for commencement upon promulgation. Its provisions concern the Public Prosecutor’s Office, the Trial Court, defense counsel, and persons under investigation or accusation, and could affect participants in criminal proceedings.