Proposal to limit when Spanish courts try crimes committed abroad

Automatic summary, not yet reviewed

1. The bill would limit so-called universal justice: Spanish courts could only investigate crimes committed outside Spain in the cases covered by international treaties and under clear conditions. The goal is to define with legal certainty which foreign crimes Spanish justice can pursue.
2. For crimes committed abroad by Spaniards or by foreigners who later acquired Spanish nationality, three requirements would apply: the act must also be a crime where it was committed, the victim or the Public Prosecutor's Office must file a criminal complaint, and the offender must not have already been acquitted, pardoned or sentenced abroad.
3. The bill lists which crimes committed abroad Spanish courts could try and under what conditions: genocide, torture, forced disappearance, piracy, terrorism, drug trafficking, human trafficking, sexual offenses against minors, violence against women, corruption, counterfeit medical products and others required by treaties. Each category has specific requirements, such as the accused being Spanish or living in Spain, or the victim having Spanish nationality or residence.
4. Spanish courts could not pursue these crimes if proceedings have already started in an International Court or in the country where the acts were committed or of the accused's nationality. There is an exception if that State is unwilling or genuinely unable to investigate, a question the Second Chamber of the Supreme Court would assess using the criteria of the Statute of the International Criminal Court.
5. Crimes under sections 3 and 4 could only be prosecuted in Spain if the victim or the Public Prosecutor's Office files a criminal complaint. In addition, ongoing cases that do not meet the new requirements would be dismissed.

Who it affects

• Victims of crimes committed outside Spain: They could only bring the case to Spanish courts by filing a criminal complaint and if the new requirements are met.
• People investigated for crimes committed abroad: They could argue that proceedings already exist in another country or court, and open cases that do not meet the requirements would be dismissed.
• Public Prosecutor's Office (Ministerio Fiscal): Together with the victim, it would be responsible for filing the complaint needed to prosecute these crimes in Spain.
• Second Chamber of the Supreme Court (Sala 2.ª del Tribunal Supremo): It would assess whether the other State is unwilling or unable to investigate, to decide whether Spanish justice can act.

Words worth knowing

Justicia universal (universal justice)

The power of a country's courts to try serious crimes committed in other countries, even if they do not directly affect that country.

Querella (criminal complaint)

A filing by which a person asks a court to open a criminal case and accuses someone of a crime.

Ministerio Fiscal (Public Prosecutor's Office)

The public body (the prosecution service) that takes part in criminal trials defending the law and the public interest.

Sobreseimiento (dismissal of the case)

A decision to close a criminal case without it going to trial.

Extradición (extradition)

Handing a person over to another country or court so they can be tried or serve a sentence there.

It summarizes the text passed by the full Congreso. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries