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What it is

Bill would stop the State defending officials in corruption cases

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 24 January 2017. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill amending Act 52/1997, of 27 November, on Legal Assistance to the State and Public Institutions.

Source: Congreso de los Diputados, file 122/000063· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill responds to concern about corruption: according to its explanatory statement, more than one hundred recent cases and fraud ranking second in the latest CIS survey justify taxpayers not paying for the defense of people who commit corruption crimes.
  2. The bill would amend Article 2 of Law 52/1997 so that the State Attorney's Office (Abogacía del Estado The corps of lawyers who represent and defend the Spanish State and its bodies in court.) would no longer represent or defend senior officials accused of corruption in business, political party financing offenses, or crimes against the Public Administration, such as bribery or embezzlement.
  3. The change would apply only to court proceedings starting after it takes effect, without affecting cases already underway, so that the accused person is never left defenseless, a right protected by Article 24 of the Spanish Constitution.
  4. The Government would have six months to adapt the implementing regulations, and the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Senior public officials: Would lose free defense by the State Attorney's Office if accused of corruption crimes.
  • State Attorney's Office (Abogacía del Estado): Would stop defending senior officials in court in these specific cases.
  • Taxpayers and the general public: Would no longer fund the defense of officials accused of corruption.

Words worth knowing

Abogacía del Estado
The corps of lawyers who represent and defend the Spanish State and its bodies in court.
Alto cargo
A person holding a senior management or responsibility position in the public administration, without being a career civil servant.
Cohecho
The crime of bribing or accepting a bribe.
Malversación
The crime of using public money or property for a purpose other than the one intended.
Indefensión
Being unable to defend oneself properly in court.

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. Introduced24 January 2017Someone registers the text in the Congreso.
  2. Admitted26 January 2017The 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 6 official steps on a timeline
Dec 2017Dec 201811. 24 January 2017: Presentación22. 26 January 2017: Boletín Oficial de las Cortes Generales Publicación desde 26/01/2017 hasta 30/01/201733. 26 January 2017: Calificación44. 30 January 2017: Gobierno Contestación desde 30/01/2017 hasta 08/03/201755. 8 March 2017: Pleno Toma en consideración desde 08/03/2017 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

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 has not been presented again yet.

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.