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What it is

New crimes for market abuse, terrorism and EU fraud

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 6 March 2018. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill for an Organic Law amending Organic Law 10/1995, of 23 November, on the Penal Code, to transpose European Union Directives in the financial and terrorism fields, and to address issues of an international nature.

Follow this law

Source: Congreso de los Diputados, file 122/000200· updated 11 Nov

Automatic summary, not yet reviewed

  1. It toughens the punishment of market abuse: trading with insider information, unlawfully disclosing that information and market manipulation are all crimes, with prison and fines when the profit exceeds certain amounts or the market is seriously harmed.
  2. It adjusts terrorism crimes: it raises the maximum penalty for those who lead or belong to a terrorist organization, adds document forgery as a terrorist crime, and broadens the punishment of traveling for terrorist purposes, without requiring the destination to be terrorist-controlled territory.
  3. It raises to one hundred thousand euros the minimum amount for fraud against the European Union budget to be a crime, and expands the definition of public official in bribery and embezzlement crimes, also making companies liable for embezzlement.
  4. It improves criminal protection of the euro and other currencies against counterfeiting: it expands sanctions for companies and also protects currency that has not yet been officially put into circulation.
  5. It reforms the crime of human organ trafficking: it clearly defines the punishable conduct, increases penalties when the victim is a minor or vulnerable, and adds aggravating factors when a criminal organization is involved or there is international repeat offending.
  6. It completes the regulation of corruption crimes following the recommendations of the GRECO group: it better covers business corruption and the corruption of jurors and arbitrators, including when they act in private roles.

Who it affects

  • People who operate in financial markets: They can face prison and fines for insider trading or market manipulation.
  • Members of terrorist organizations: They face higher prison sentences and absolute disqualification.
  • People who defraud the European Union budget: The conduct is a crime starting at one hundred thousand euros defrauded.
  • People who traffic in human organs: Penalties of six to twelve years in prison if the organ comes from a living person.
  • Companies (legal persons): They can be convicted with fines for several of these crimes, including embezzlement.

Words worth knowing

Información privilegiada (insider information)
Confidential information about a company or market that the public does not know and that can be used to make money on the stock market.
Manipulación de mercado (market manipulation)
Acting or spreading false data to artificially alter prices.
Malversación (embezzlement)
Destroying or using public money or property for a different purpose than intended.
Cohecho (bribery)
Bribing someone or accepting a bribe.
Persona jurídica (legal person)
A company or organization that can be criminally convicted as if it were a person.

It summarizes the law as published in the BOE. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced6 March 2018Someone registers the text in the Congreso.
  2. Admitted13 March 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments21 May 2018Groups propose changes.
  4. Committee5 September 2018A committee goes through the text in detail.
  5. Plenary11 December 2018All 350 deputies vote.
  6. Senate20 December 2018The Senate can pass it, amend it or veto it.
  7. BOE6 February 2019It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Mar 2018Apr 2018May 2018Jun 2018Jul 2018Aug 2018Sept 2018Oct 2018Nov 2018Dec 2018Jan 201911. 6 March 2018: Presentación22. 13 March 2018: Boletín Oficial de las Cortes Generales Publicación desde 13/03/2018 hasta 16/03/201833. 13 March 2018: Calificación44. 16 March 2018: Gobierno Contestación desde 16/03/2018 hasta 23/04/201855. 23 April 2018: Pleno Toma en consideración desde 23/04/2018 hasta 10/05/201866. 10 May 2018: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 10/05/2018 hasta 17/05/201877. 17 May 2018: Comisión de Justicia Publicación desde 17/05/2018 hasta 21/05/201888. 21 May 2018: Comisión de Justicia Enmiendas desde 21/05/2018 hasta 05/09/201899. 5 September 2018: Comisión de Justicia Informe desde 05/09/2018 hasta 20/11/20181010. 20 November 2018: Comisión de Justicia Dictamen desde 20/11/2018 hasta 11/12/20181111. 11 December 2018: Pleno Aprobación desde 11/12/2018 hasta 20/12/20181212. 20 December 2018: Senado desde 20/12/2018 hasta 06/02/20191313. 6 February 2019: Concluido - (Aprobado con modificaciones) desde 06/02/2019 hasta 04/03/2019

20 December 2018

How did the plenary vote?

More votes in favour 262 yes · 4 no · 78 abst.

Voted on: Overall vote on the Private Member's Organic Bill amending Organic Law 10/1995, of 23 November, on the Penal Code, to transpose European Union Directives in the financial and terrorism fields and to address issues of an international nature, given its organic character.

This law had 4 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 56 of sitting 167· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Ciudadanos, GER and Popular en el Congreso. 8 deputies voted differently from their group.

By province: in 48 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 48
  • Against: 0
  • Abstained: 1
  • Tie: 3
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
83 in favour · 1 against
Vasco (EAJ-PNV)5
5 in favour
Mixto19
3 in favour · 3 against · 11 abst. · 2 did not vote
Ciudadanos32
31 in favour · 1 did not vote
Gcup-ec-em67
66 abst. · 1 did not vote
GER9
9 in favour
Popular en el Congreso134
131 in favour · 1 abst. · 2 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Law 1/2019, of February 20, amending Organic Law 10/1995, of November 23, on the Penal Code, to transpose European Union Directives in the financial and terrorism fields and to address international issues.

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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