Algunos problemas aparentes de aplicación de la atenuante de dilaciones extraordinarias e indebidasla comunicabilidad y la analogía

Abstract

In relation to the attenuating circumstance of extraordinary and undue delay, apart from the problems posed by the identification of its basis and nature, various questions essentially relating to the application of this circumstance appear, which may entail important legal consequences. This is the case of the two issues addressed in this paper: aspects relating to the communicability of the attenuation of undue delay to other co-accused in the proceedings and the possibility of sustaining an attenuation by analogy on the basis of the attenuation of undue delay. The effect on such an important fundamental right as the right to a process without undue delays, protected in art. 24.2 CE, makes the issue of delays in the processing of proceedings and the consequences that derive from this one of the main problems that the Administration of Justice is currently facing. This implies that the solution to the two questions raised will have relevance in relation to the constitutional protection and protection that derives from the broader right to effective judicial protection.