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What it is

Bill would toughen the Penal Code against new forms of terrorism

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 3 February 2015. Introduced by: Sra. Oramas González-Moro y Sr. Álvarez Sostres Grupo Parlamentario Popular en el Congreso Grupo Parlamentario Socialista Sr. Salvador Armendáriz (Mixto group).

Official title: Organic Private member's bill amending Organic Law 10/1995, of 23 November, on the Penal Code, regarding terrorism offenses.

Source: Congreso de los Diputados, file 122/000189· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill redefines what counts as a terrorism offense: any serious crime committed to subvert the constitutional order, seriously disturb public peace, destabilize an international organization, or spread terror among the population.
  2. It would punish receiving or giving indoctrination or training to commit terrorism offenses with two to five years in prison, including habitual internet access to content that incites joining a terrorist organization. It also criminalizes traveling abroad to join or work with terrorist groups.
  3. Financing terrorism would carry five to ten years in prison and a fine, and even the negligent failure of those legally required to help prevent such financing would be punished.
  4. It would punish recruitment for terrorism, with harsher penalties when aimed at minors, people with disabilities needing special protection, or women who are victims of trafficking.
  5. It keeps the punishment of publicly glorifying or justifying terrorism and of demeaning victims, with harsher penalties when spread online or through the media. Judges could order the removal of illegal content, even as a precautionary measure.
  6. Those convicted of terrorism offenses could also face absolute disqualification and a new special disqualification from teaching, sports and leisure-time professions. Lighter penalties are provided for those who voluntarily abandon criminal activity and cooperate with the authorities.

Who it affects

  • People who take part in terrorist organizations or commit terrorism offenses: The new prison sentences and disqualifications in the Penal Code would apply to them.
  • People who get indoctrinated or trained online to join terrorism: They would commit a crime punishable by two to five years in prison.
  • People who travel abroad to join terrorist organizations: They would commit a terrorism offense even if they never carry out an attack.
  • People who finance or collaborate with terrorism: They would face prison and fines, in some cases even for serious negligence.
  • People who publish content glorifying terrorism or inciting it: They would face prison, and a judge could order that content removed from the internet.

Words worth knowing

Inhabilitación absoluta (absolute disqualification)
A penalty that bars a person from holding any public job, office or activity for the time set by the sentence.
Enaltecimiento del terrorismo (glorification of terrorism)
Publicly praising or justifying terrorist crimes or those who commit them.
Medida cautelar (precautionary measure)
A judge's decision taken during the investigation, before the verdict, to prevent harm while the case proceeds.
Reincidencia (repeat offense)
An aggravating factor applied when a person commits a new crime after a previous conviction.

It summarizes the text passed by the Senado. 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. Introduced3 February 2015Someone registers the text in the Congreso.
  2. Admitted4 February 2015The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments10 February 2015Groups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary17 February 2015All 350 deputies vote.
  6. Senate19 February 2015The Senate can pass it, amend it or veto it.
  7. BOE26 March 2015It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Feb 2015Feb 2015Feb 2015Feb 2015Mar 2015Mar 2015Mar 201511. 3 February 2015: Presentación22. 4 February 2015: Gobierno Contestación desde 04/02/2015 hasta 04/02/201533. 4 February 2015: Boletín Oficial de las Cortes Generales Publicación desde 04/02/2015 hasta 04/02/201544. 4 February 2015: Calificación55. 4 February 2015: Pleno Toma en consideración desde 04/02/2015 hasta 10/02/201566. 10 February 2015: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 10/02/2015 hasta 10/02/201577. 10 February 2015: Pleno Enmiendas desde 10/02/2015 hasta 17/02/201588. 17 February 2015: Pleno Aprobación desde 17/02/2015 hasta 19/02/201599. 19 February 2015: Senado desde 19/02/2015 hasta 11/03/20151010. 11 March 2015: Pleno Enmiendas o veto del Senado desde 11/03/2015 hasta 26/03/20151111. 26 March 2015: Concluido - (Aprobado con modificaciones) desde 26/03/2015 hasta 14/04/2015

26 March 2015

How did the plenary vote?

More votes in favour 283 yes · 24 no · 14 abst.

Voted on: Overall vote on the Organic Private member's bill amending Organic Law 10/1995, of 23 November, on the Penal Code, in matters of terrorism offenses, due to its organic nature, taking into account the distributed technical correction.

This law had 29 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 20 of sitting 252· 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 Socialista and Popular en el Congreso. Against, most of Vasco (EAJ-PNV), Mixto and GIP. 4 deputies voted differently from their group.

By province: in 49 most voted in favour; in 1, against.

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

  • In favour: 49
  • Against: 1
  • Tie: 2
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
98 in favour · 12 did not vote
Vasco (EAJ-PNV)5
3 against · 2 did not vote
Mixto18
4 in favour · 10 against · 4 did not vote
GC-CiU16
11 abst. · 5 did not vote
GIP11
11 against
GUPyD5
3 abst. · 2 did not vote
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:

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.