Undue Delays ("Dilaciones Indebidas") as mitigating circumstances of the Criminal Liability

In criminal proceedings, the jurisdictional bodies have the obligation to resolve the issues entrusted to them and execute the resolution in a reasonable period of time, without any unnecessary delay.


Every person has the right to have their cause processed within a reasonable time, as expressed in the Convention for the Protection of Human Rights and Fundamental Freedoms.

It is an indeterminate concept whose achievement is entrusted to the Courts. In the examination of the actions, it is evaluated if there is a delay in the proceedings of the case, stoppages without explanation, useless proceedings, or that it does not appear sufficiently justified that it is attributable to the jurisdictional body and that the delay has not been caused by the own actions of the accused.

Undue delays are considered mitigating factors in the processing of the procedure, when they are not related to the complexity of the case. The practical application of this mitigation translates into a reduction in the sentence, of one or two degrees, depending on whether we are talking about a generic or highly qualified mitigation.


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