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What it is

Bill to remove the Civil Guard from the Military 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 15 June 2017. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

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

Follow this law

Source: Congreso de los Diputados, file 122/000110· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove section 5 of Article 1 of the Military Criminal Code. That section allows Civil Guard members to be criminally convicted for acts committed while on police duties, or even off duty.
  2. The sponsors argue that many of those acts are already punished under the Civil Guard's disciplinary rules, and that the current code was passed without consensus.
  3. Rules of equal or lower rank that conflict with the law would be repealed, if it is passed.
  4. It would take effect the day after publication in the Official State Gazette, except for measures that increase spending or reduce budget revenue, which would wait until the next fiscal year.

Who it affects

  • Civil Guard members: They would no longer face military criminal convictions for acts during police duties or off duty, if the proposal is approved.
  • The Civil Guard as an institution: Would no longer have the Military Criminal Code apply to its personnel, under the proposal.

Words worth knowing

Proposición de ley
A bill introduced by members of Congress to become law. It is not yet approved.
Ley Orgánica (organic law)
A type of Spanish law reserved for major matters, such as fundamental rights, requiring a special vote in Congress.
Derogar (repeal)
To cancel the validity of a previous rule.

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. Introduced15 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. 15 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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