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What it is

Publication in the official gazette of final convictions for tax fraud

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 30 May 2015. Introduced by: Gobierno.

Official title: Private member's bill for an Organic Law regulating access to and publication of certain information contained in judgments issued in matters of tax fraud.

Follow this law

Source: Congreso de los Diputados, file 121/000160· updated 11 Nov

Automatic summary, not yet reviewed

  1. A new Article 235 ter is added to the organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. on the Judiciary. It makes public access to personal data in final criminal judgments for crimes against the Public Treasury, punishable insolvency harming the Public Treasury, and smuggling harming the State or European Union Treasury.
  2. The Judicial Secretary will issue a certificate with the data identifying the case, the name of the convicted person or civilly liable party, the crime, the penalties, and the amount of harm caused to the Public Treasury. The Judicial Secretary will order its publication in the Official State Gazette (Boletín Oficial del Estado).
  3. Publication does not apply if the convicted person or the civilly liable party has paid or deposited the full amount of the harm caused to the Public Treasury before the judgment becomes final.
  4. The law applies to judgments issued after it takes effect, and it takes effect two months after its publication in the Official State Gazette.

Who it affects

  • People convicted of tax fraud, punishable insolvency, and smuggling, and civilly liable parties: Their personal data will be published in the Official State Gazette, unless they paid the full harm before the judgment became final.
  • Judicial Secretaries (Secretarios Judiciales): They must issue the certificate with the conviction data and order its publication in the official gazette.
  • The general public: Anyone can publicly access the data of these final convictions.

Words worth knowing

Sentencia firme (final judgment)
A court ruling that can no longer be appealed or changed.
Secretario Judicial (Judicial Secretary)
A court official with public faith powers who certifies court actions and manages the enforcement of judgments.
Responsable civil (civilly liable party)
A person who, without being convicted of the crime, must pay the compensation arising from it.
Insolvencia punible (punishable insolvency)
The crime of hiding or faking one's own insolvency (being unable to pay debts) to harm creditors.
Hacienda Pública (Public Treasury)
The State's revenues and spending, that is, public funds.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced30 May 2015Someone registers the text in the Congreso.
  2. Admitted2 June 2015The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments3 June 2015Groups propose changes.
  4. Committee24 June 2015A committee goes through the text in detail.
  5. Plenary14 July 2015All 350 deputies vote.
  6. Senate16 July 2015The Senate can pass it, amend it or veto it.
  7. BOE3 September 2015It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
May 2015Jun 2015Jul 2015Aug 201511. 30 May 2015: Presentación22. 2 June 2015: Comisión de Hacienda y Administraciones Públicas Publicación desde 02/06/2015 hasta 03/06/201533. 2 June 2015: Calificación44. 3 June 2015: Comisión de Hacienda y Administraciones Públicas Enmiendas desde 03/06/2015 hasta 08/07/201555. 24 June 2015: Comisión de Hacienda y Administraciones Públicas Mesa - Calificación desde 24/06/2015 hasta 24/06/201566. 24 June 2015: Comisión de Hacienda y Administraciones Públicas Debate de totalidad desde 24/06/2015 hasta 07/07/201577. 8 July 2015: Comisión de Hacienda y Administraciones Públicas Informe desde 08/07/2015 hasta 09/07/201588. 9 July 2015: Comisión de Hacienda y Administraciones Públicas Dictamen desde 09/07/2015 hasta 14/07/201599. 14 July 2015: Pleno Aprobación desde 14/07/2015 hasta 16/07/20151010. 16 July 2015: Senado desde 16/07/2015 hasta 03/09/20151111. 3 September 2015: Concluido - (Aprobado con modificaciones) desde 03/09/2015 hasta 24/09/2015

16 July 2015

How did the plenary vote?

More votes in favour 182 yes · 105 no · 33 abst.

Voted on: Joint vote on the Organic bill regulating access to and publication of certain information contained in judgments rendered in matters of tax fraud, as it has an organic character.

This law had 13 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 63 of sitting 280· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Popular en el Congreso. Against, most of Socialista and Mixto. 2 deputies voted differently from their group.

By province: in 40 most voted in favour; in 2, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 40
  • Against: 2
  • Abstained: 2
  • Tie: 8
Result by parliamentary group
GroupSeatsHow it voted
Socialista109
100 against · 9 did not vote
Vasco (EAJ-PNV)5
4 abst. · 1 did not vote
Mixto19
1 in favour · 5 against · 1 abst. · 12 did not vote
GC-CiU16
14 abst. · 2 did not vote
GIP11
9 abst. · 2 did not vote
GUPyD5
5 abst.
Popular en el Congreso185
181 in favour · 4 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Law 10/2015, of September 10, regulating access to and publication of certain information contained in judgments issued in matters of tax fraud.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error