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Type a law, a topic, a person or a province.

What it is

Proposal to limit automatic suspension of public officials in terrorism 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 19 February 2018. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's Organic bill to amend Article 384bis of the Criminal Procedure Law.

Source: Congreso de los Diputados, file 122/000182· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill's explanatory section says that Article 384 bis of the Criminal Procedure Law, from 1988, automatically suspends a public official who is formally charged with crimes by armed bands or terrorist elements. The authors argue the wording is too vague and can harm the presumption of innocence.
  2. The bill would amend Article 384 bis so that automatic suspension from public office applies only if, in addition to a final charging order, pretrial detention has been ordered. The suspension would last only while the person remains in detention.
  3. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Public officials and people holding public functions charged with crimes related to armed bands or terrorism: They could avoid automatic suspension from office if they are not in pretrial detention.
  • People charged in the Catalan independence process case: The proposal mentions that the current rule could disqualify them for the alleged crime of rebellion; the change would prevent that application.

Words worth knowing

Auto de procesamiento
A judge's order that, under the old criminal procedure, formally charged a person as an accused.
Prisión provisional
Pretrial detention: a judge sends a person to jail while the case is being investigated, before trial.
Ley orgánica
Organic law: a type of Spanish law requiring special majorities in Congress, used for key matters such as fundamental rights.
Presunción de inocencia
Presumption of innocence: the principle that a person is innocent until a final conviction says otherwise.

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. Introduced19 February 2018Someone registers the text in the Congreso.
  2. Admitted27 February 2018The 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
Mar 2018Jun 2018Sept 2018Dec 201811. 19 February 2018: Presentación22. 27 February 2018: Boletín Oficial de las Cortes Generales Publicación desde 27/02/2018 hasta 02/03/201833. 27 February 2018: Calificación44. 2 March 2018: Gobierno Contestación desde 02/03/2018 hasta 11/04/201855. 11 April 2018: Pleno Toma en consideración desde 11/04/2018 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.