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What it is

Bill would allow trials for Franco dictatorship crimes

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 25 October 2017. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea Grupo Parlamentario Mixto.

Official title: Private member's bill to amend Organic Law 10/1995, of 23 November, on the Penal Code (Organic).

Source: Congreso de los Diputados, file 122/000140· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would allow punishing genocide and crimes against humanity committed by the Franco dictatorship, even if they happened before the Criminal Code classified them as crimes, because international law already prohibited them.
  2. To do this, it would add a new Article 2 bis to the Criminal Code stating that the ban on retroactivity does not prevent punishing those acts if they were crimes under international custom and the general principles of law recognized by the international community.
  3. Rules of equal or lower rank that conflict with the law would be repealed, and the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Victims of the Franco dictatorship and their relatives: Would see their right of access to justice recognized.
  • Those responsible for crimes of the Franco dictatorship: Could be punished for acts predating when those crimes entered the Criminal Code.
  • Judges and courts: Would have a new rule to try genocide and crimes against humanity.

Words worth knowing

Principio de legalidad
The principle that an act can only be punished if it was a crime under a prior law.
Lesa humanidad (crimes against humanity)
Serious, widespread crimes against civilians, such as systematic murder or deportation.
Genocidio (genocide)
Deliberately destroying a human group, for example because of its origin or religion.
Ius cogens
International rules so fundamental that they bind every state.
Tutela judicial efectiva
Everyone's right to go to court and obtain a fair decision.

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. Introduced25 October 2017Someone registers the text in the Congreso.
  2. Admitted6 November 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 2017Mar 2018Jun 2018Sept 2018Dec 201811. 25 October 2017: Presentación22. 6 November 2017: Boletín Oficial de las Cortes Generales Publicación desde 06/11/2017 hasta 10/11/201733. 6 November 2017: Calificación44. 10 November 2017: Gobierno Contestación desde 10/11/2017 hasta 19/12/201755. 19 December 2017: Pleno Toma en consideración desde 19/12/2017 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 was presented again:

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.