What it is
Proposal to limit automatic suspension of public officials in terrorism cases
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
- 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.
- 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.
- 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.
- Introduced19 February 2018Someone registers the text in the Congreso.
- Admitted27 February 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
- Amendmentsnot reachedGroups propose changes.
- Committeenot reachedA committee goes through the text in detail.
- Plenarynot reachedAll 350 deputies vote.
- Senatenot reachedThe Senate can pass it, amend it or veto it.
- BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
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?
- Congreso de los Diputados, file 122/000182
Official title, type, author, dates and stage.
Retrieved 11 November 2026
- 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.