Bill to soften penalties under Spain's citizen security law

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1. The bill, introduced by the Basque Parliamentary Group (EAJ-PNV), would reform the 2015 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 citizen protection to give more weight to fundamental rights, especially the rights to assembly, demonstration, expression, information, union membership and strike.
2. Several offenses would be removed from the law, including those in sections 36.2, 36.3, 36.14, 36.17, 36.18, 36.19, 36.23 and 37.13, because they are already covered by the Criminal Code or because the protected legal interest is unclear. Among them is the provision allowing officers to seize cameras or image-capturing devices.
3. Spontaneous and peaceful gatherings or demonstrations, held in response to current events, would no longer be punishable if they do not significantly disturb citizen security, and under the assembly law they would not require prior notice.
4. Fines for administrative offenses that are not crimes could not exceed the lowest penalty set for the corresponding criminal offense. In addition, fine amounts could be adjusted to the offender's financial means, through installment payments, suspension, reduction or substitution of the penalty.
5. New rules would be added on mistakes, mitigating and aggravating factors, and the non bis in idemNon bis in idem A rule barring punishment of a person twice for the same act on the same grounds. principle, which bars punishing someone twice for the same act. The bill also clarifies who is responsible for order at demonstrations, with or without prior notice, and allows urgent calls to be notified just 24 hours in advance.
6. The immigration law would be amended so that turning back foreigners who enter Spain illegally respects international human rights and protection rules Spain is bound by. The Government would have three months to issue implementing rules; until then, such measures could not be taken.

Who it affects

• People taking part in spontaneous, peaceful demonstrations: They could no longer be sanctioned if they do not seriously disturb citizen security.
• People fined under the citizen security law: Their fines could be adjusted to their financial means, paid in installments, suspended or reduced.
• Organizers of gatherings and demonstrations: Responsibility for keeping order would be clearer, and urgent calls could be notified 24 hours ahead.
• Foreigners at the border: Turnbacks would have to respect international human rights rules.
• Journalists and people filming in public: The offense allowing seizure of image-capturing devices would disappear.

Words worth knowing

Ley Orgánica (Organic Law)

A Spanish law reserved for major matters, such as fundamental rights, requiring a special vote in Congress.

Non bis in idem

A rule barring punishment of a person twice for the same act on the same grounds.

Principio de proporcionalidad (principle of proportionality)

The penalty must match the seriousness of the act and be the least intense measure possible.

Devolución en frontera (border turnback)

Rejecting a foreigner at the border for entering irregularly, without a full expulsion procedure.

Proposición de ley (parliamentary bill)

A text proposed by a parliamentary group that still must be debated and passed to become law.

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