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What it is

Proposal to let judges block public payments to criminal defendants who flee

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 2 January 2019. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill to amend the Criminal Procedure Act regarding contumacy.

Follow this law

Source: Congreso de los Diputados, file 122/000316· updated 11 Nov

Automatic summary, not yet reviewed

  1. The text explains that current law allows a defendant who fails to appear before the judge despite being summoned to be declared a fugitive, which can stall the criminal case.
  2. The bill would amend Article 839 so that, when declaring someone a fugitive, the judge could temporarily bar that person from receiving public income or funds while the fugitive status lasts.
  3. The ban would apply to serious crimes, such as those carrying reviewable permanent imprisonment, corruption offenses (prevarication, bribery, embezzlement, influence peddling, fraud) and urban planning crimes, while respecting legal limits on garnishing salaries and pensions.
  4. The judge would have to notify the decision to public administrations so they can carry it out, and the measure could be changed if the fugitive reappears or is tried.

Who it affects

  • People declared fugitives in a criminal case: They could be barred from receiving public funds or income while their fugitive status lasts.
  • Judges and courts: They would gain a new power to include this ban in the fugitive ruling and notify public administrations.
  • Public administrations: They would have to enforce the court decision by blocking those payments.
  • Victims and accusers in serious crime cases: According to the text, the fugitive would have less incentive to stay in hiding.

Words worth knowing

Rebeldía
The situation of someone charged in a criminal case who fails to appear before the judge and cannot be located.
Requisitoria
A court order to locate and bring in a person, with a deadline for them to appear.
Inembargabilidad
The portion of a salary or pension that the law protects and that cannot be taken to pay debts.
Prisión permanente revisable
The most severe prison sentence in Spanish law; it is reviewed after a period to consider release.
Prevaricación, cohecho y malversación
Corruption crimes: issuing knowingly unjust rulings (prevarication), taking bribes (cohecho) or misusing public money (malversación).

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. Introduced2 January 2019Someone registers the text in the Congreso.
  2. Admitted9 January 2019The 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 5 official steps on a timeline
Jan 2019Feb 201911. 2 January 2019: Presentación22. 9 January 2019: Boletín Oficial de las Cortes Generales Publicación desde 09/01/2019 hasta 11/01/201933. 9 January 2019: Calificación44. 11 January 2019: Gobierno Contestación desde 11/01/2019 hasta 05/03/201955. 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.

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