Bill proposes repealing crimes that limit freedom of expression

Automatic summary, not yet reviewed

1. The bill would remove from the Criminal Code the crimes against religious feelings (Article 525), against the Crown (Articles 490.3 and 491), insults to Spain and its symbols (Article 543), and insults to institutions such as the Government or the courts (Article 504).
2. It would also repeal the crime of glorifying terrorism (Article 578), described as a poorly defined crime of opinion that has been applied unevenly to Twitter users, filmmakers and rappers.
3. It would rewrite Article 510, on hate crimes, so that only direct incitement to hatred or violence is punished, remove the harsher penalty for using the internet or social media, and set a maximum penalty of 1 year in prison for the less serious case.
4. It would add an aggravating factor for crimes committed because the victim is a victim of terrorism, keeping that group protected after repealing Article 578.
5. It would create a new Article 536 bis punishing authorities and public officials who identify people to control their participation in political, union or religious activities, and add to Article 538 a penalty for anyone who prevents the right to freedom of expression.
6. The Government would be authorized to issue the rules needed to apply the law, which would take effect the day after its publication in the Official State Gazette.

Who it affects

• People who criticize institutions, national symbols or religions: They could no longer be convicted under the crimes those articles define today, if the bill passes.
• People convicted or investigated for glorifying terrorism: The crime would disappear from the Criminal Code.
• Victims of terrorism: A new aggravating factor would apply to crimes committed because of their status as victims.
• Vulnerable groups (by ethnicity, religion, sexual orientation, disability or other reasons): They would remain protected against direct incitement to hatred or violence, with reworked penalties.
• Authorities and public officials: They could be sanctioned for identifying people to control their political activity or for blocking freedom of expression.

Words worth knowing

Derogar (repeal)

To remove a rule or article from the law so it no longer applies.

Tipo penal (criminal offense definition)

The legal description of conduct considered a crime and the penalty it carries.

Agravante (aggravating factor)

A circumstance that makes a crime punishable with a harsher penalty.

Inhabilitación especial (special disqualification)

A penalty that bars someone from holding a public office, job or profession for a period of time.

Proposición de ley orgánica (organic law bill)

A text filed in Congress to reform a particularly important law, such as the Criminal Code; it is not yet approved.

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