IS EVERY DAY CONSIDERED FOR DEADLINES IN THE INSTRUCTION (INVESTIGATION) OF A CRIMINAL CASE?

Although in article 201 of the Criminal Procedure Law and in article 184.1 of the Organizational Law of the Judicial Power (LOPJ hereinafter) it is established that all days and hours of the year will be counted regarding deadlines during the investigation of criminal cases. This does not mean that they are all to be considered for in the investigation of a criminal case since, as, although it may seem obvious, it is the investigating judges who instruct the cases but not the lawyers or attorneys and, therefore, the judge can carry out any diligence or judicial action any day of the year in the context of the investigation of a case, this does not mean that the deadlines have to count non-working days (Saturdays and Sundays, December 24th and 31st, national holidays and holidays for labor purposes in the Autonomous Communities or corresponding locality).

In this sense, article 182.1 LOPJ establishes that Saturdays and Sundays, on December 24th and 31st, national holidays and holidays for labor purposes in CCAA or locality are non-working for procedural purposes. Without forgetting, also in this regard, the judgment of the Supreme Court STS 437/2012 of May 22 in which it was determined that it is the material activity of investigation of criminal cases that requires that declaration of ability of the days and hours, but it cannot be inferred that non-working days must be counted in the procedural deadlines.

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