Proposal to let Spanish courts try international crimes with no limits

Automatic summary, not yet reviewed

1. The bill would allow Spanish courts to try international crimes committed outside Spain, regardless of the nationality of the perpetrators or the victims and of where the acts took place. Its sponsors argue that the 2009 and 2014 reforms severely limited this power, known as universal jurisdiction.
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 hear cases of crimes such as genocide, terrorism, torture, piracy, human trafficking or forced disappearance committed outside Spain, among others. It would also cover crimes committed by Spaniards or by foreigners who acquired Spanish nationality after the acts.
3. It would delete paragraph 6 of Article 23, which contained the restrictions introduced by the earlier reforms. This would remove the requirement of a link to Spain in order to investigate these crimes.
4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado), and any conflicting provisions would be repealed.

Who it affects

• Victims of international crimes committed outside Spain, who could file complaints with Spanish courts even without a link to Spain.: They could turn to Spanish justice along with the Public Prosecutor's Office.
• People suspected of genocide, terrorism, torture, trafficking or other serious crimes, whether Spanish or foreign.: They could be investigated and tried in Spain even if the acts happened abroad and they had no connection to the country.
• Spanish judges and courts.: They would regain the power to investigate these crimes without the 2009 and 2014 restrictions.
• The Public Prosecutor's Office and private accusers.: They could file criminal complaints in these cases, since the bill does not exclude anyone from bringing charges.

Words worth knowing

Justicia universal (universal jurisdiction)

A principle that lets a country's courts try very serious crimes committed anywhere in the world, even when neither the victims nor those responsible have any link to that country.

Jurisdicción (jurisdiction)

The power of judges and courts to hear and decide a case.

Ley Orgánica (Organic Law)

A special type of Spanish law, reserved for important matters, that requires an absolute majority of members of Congress to pass.

Proposición de ley (bill)

A text through which a parliamentary group proposes a law. It is not an approved law until the full legislative process is complete.

Querella (criminal complaint)

A written filing by which a person asks a judge to open a criminal case for an offense.

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