Proposal to expand Spanish courts' universal jurisdiction again

Automatic summary, not yet reviewed

1. The bill, introduced by the Socialist Parliamentary Group, seeks to repeal the 2014 reform of universal jurisdiction, which it says sharply limited the ability of Spanish courts to try serious crimes and human rights violations committed outside Spain.
2. It would amend Article 23 of the Organic Laworganic 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 so that Spanish courts could try crimes committed abroad by Spaniards or foreigners who later acquired Spanish nationality, subject to certain requirements: the act must be punishable where it was committed, the victim or the Public Prosecutor must file a complaint, and the offender must not have already been acquitted, pardoned or sentenced abroad.
3. The list of crimes that could be tried even if committed abroad includes genocide, crimes against humanity, terrorism, torture, piracy, drug trafficking, sexual offenses against minors, female genital mutilation, human trafficking, corruption and forced disappearance, among others. To try them, it would have to be shown that the suspected offenders are in Spain, that there are Spanish victims or a relevant connection to Spain, and that no other competent country or international court has already effectively investigated the acts.
4. The bill expressly repeals Organic Law 1/2014 of March 13 and would take effect on the same day it is published in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• Victims of serious crimes or human rights violations committed outside Spain.: They would regain the ability to file complaints and seek justice in Spanish courts.
• People suspected of those crimes who are in Spain or hold Spanish nationality.: They could be investigated and tried by Spanish courts.
• Spanish judges and courts, particularly the National Court (Audiencia Nacional).: Their jurisdiction over crimes committed abroad would be expanded.
• The Public Prosecutor's Office (Ministerio Fiscal).: It could file complaints or charges in these cases.

Words worth knowing

Justicia universal (universal jurisdiction)

A principle allowing a country's courts to try very serious crimes committed in another country, even if neither victims nor offenders are from that country.

Lesa humanidad (crimes against humanity)

Very serious, widespread crimes against civilians, such as murders or deportations committed systematically.

Querella (criminal complaint)

A filing by which a person asks a judge to open a criminal case and act against someone.

Sobreseimiento (dismissal of proceedings)

A judge's decision to end a criminal case.

Subsidiariedad (subsidiarity)

The idea that a country acts only when the primarily competent country does not.

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 text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries