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What it is

Bill to remove reviewable life imprisonment from the Criminal Code

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 21 March 2016. Introduced by: Grupo Parlamentario Vasco (EAJ-PNV).

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

Source: Congreso de los Diputados, file 122/000024· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill, introduced by the Basque Parliamentary Group (EAJ-PNV), seeks to remove reviewable life imprisonment from the Criminal Code. Its authors see it as disguised life imprisonment, contrary to the Constitution and to the mandate that sentences aim at social reintegration.
  2. The bill would delete several provisions of the Criminal Code governing reviewable life imprisonment, including Article 33(2)(a), Article 70(4), Article 76(1)(e), and Articles 78 bis, 92 and 140.
  3. It would also change the sentences for serious crimes such as killing the King, a foreign head of state, or terrorism offenses. Instead of reviewable life imprisonment, fixed prison terms of ten to forty years would apply depending on the case.
  4. The rules for classifying inmates in the third grade and for prison leave would be adjusted, with prior prison terms of fifteen or twenty years, and leave eligibility after eight or twelve years. The law would take effect the day after its publication in the Official State Gazette.

Who it affects

  • People convicted of very serious crimes, such as terrorism or offenses against the Crown, whose sentences and prison classification rules would change.: Reviewable life imprisonment would no longer be possible, and fixed prison terms would apply.
  • Judges and courts, who would apply the new sentences and requirements for the third grade.: They would need a favorable individualized prognosis of social reintegration to grant the third grade, and would respect minimum terms.
  • The King, the Queen, the Princes of Asturias and foreign heads of state, whose criminal protection remains but with limited prison terms.: Killing them would carry prison terms of twenty to thirty-five years, depending on the case.

Words worth knowing

Prisión permanente revisable
Reviewable life imprisonment: a prison sentence with no fixed end, reviewable only after serving certain years; the bill sees it as disguised life imprisonment.
Tercer grado
Third grade: the most flexible prison regime, allowing broader time outside prison before the sentence ends.
Proposición de Ley Orgánica
A bill to amend an organic law, such as the Criminal Code; it is not yet approved.
Exposición de motivos
The opening section of the text explaining the reasons for the reform.

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

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced21 March 2016Someone registers the text in the Congreso.
  2. Admitted29 March 2016The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Mar 2016Apr 2016Apr 2016Apr 2016Apr 2016Apr 201611. 21 March 2016: Presentación22. 29 March 2016: Boletín Oficial de las Cortes Generales Publicación desde 29/03/2016 hasta 01/04/201633. 29 March 2016: Calificación44. 1 April 2016: Gobierno Contestación desde 01/04/2016 hasta 03/05/201655. 3 May 2016: Concluido - (Caducado) desde 03/05/2016 hasta 20/05/2016

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

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.