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What it is

Bill would stop applying the Military Criminal Code to the Guardia Civil

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 14 June 2017. Introduced by: Grupo Parlamentario Socialista.

Official title: Organic private member's bill amending Organic Act 14/2015, of 14 October, on the Military Penal Code.

Follow this law

Source: Congreso de los Diputados, file 122/000108· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill's explanatory statement says the 2015 Military Criminal Code expanded too much the cases where it applies to Guardia Civil members, and that the Guardia Civil already has its own disciplinary rules, enough to maintain discipline.
  2. The bill would delete section 5 of Article 1 of the Military Criminal Code, the provision that allows applying that code to Guardia Civil members for certain military crimes.
  3. Acts committed before the law takes effect would be punished under the previous code, unless the new law is more favorable to the accused, in which case the new law would apply.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Members of the Guardia Civil: They would no longer face the Military Criminal Code in the cases covered by the deleted section, and the ordinary Criminal Code would apply instead.
  • Military courts: They would see fewer situations in which they can investigate and try military crimes committed by Guardia Civil members.

Words worth knowing

Proposición de Ley Orgánica
A bill to amend a law affecting fundamental rights. It has been introduced in the Congress of Deputies (Congreso de los Diputados) but is not an approved law yet.
Código Penal Militar
The set of crimes and punishments that apply to members of the military.
Jurisprudencia
The criteria judges set when interpreting laws in their rulings.

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. Introduced14 June 2017Someone registers the text in the Congreso.
  2. Admitted20 June 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. 14 June 2017: Presentación22. 20 June 2017: Boletín Oficial de las Cortes Generales Publicación desde 20/06/2017 hasta 23/06/201733. 20 June 2017: Calificación44. 23 June 2017: Gobierno Contestación desde 23/06/2017 hasta 29/09/201755. 29 September 2017: Pleno Toma en consideración desde 29/09/2017 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.

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