Bill to toughen rebellion crime and create constitutional disloyalty offense

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1. The bill, introduced by the VOX parliamentary group, seeks to reform the Spanish Criminal Code to rewrite the crime of rebellion, which currently requires a public and violent uprising. It argues that this definition is too narrow and did not cover serious cases such as the October 2017 secession attempt in Catalonia.
2. The bill would tighten the rules so that people convicted of rebellion or constitutional disloyalty face more barriers to the third prison grade and to parole. For example, access to the third grade would require that one sixth of the sentence still remains to be served, and minimum prison terms of twenty or twenty-five years would be set depending on the case.
3. It creates a new crime of constitutional disloyalty, Article 472 bis. Members of regional legislative assemblies and regional governments would commit it if they propose, put to a vote, or vote in favor of rules or acts promoting or declaring the separation of part of the national territory, outside and against the Constitution. The proposed penalty is ten to fifteen years in prison, a fine, and absolute disqualification.
4. The definition of rebellion would be broadened: besides violence or threat of violence, usurpation or abuse of sovereign functions would be enough. Among the goals that constitute rebellion, declaring the independence of part of the national territory is kept, and penalties would rise, reaching twenty-five to thirty years in prison in the most serious cases.
5. It restores the crime of calling or authorizing a referendum without having the powers to do so. A public authority or official who takes part in that usurpation could face four to six years in prison, and someone who facilitates or promotes the vote, two to four years; poll workers, one to two years or a fine.
6. The bill merges Articles 407 and 408 of the Criminal Code into one, toughening the punishment for authorities or officials who abandon their post to avoid preventing or prosecuting these crimes. Article 408 is repealed, and the law would take effect the day after its publication in the Official State Gazette.

Who it affects

• Members of regional legislative assemblies and regional governments: Could face ten to fifteen years in prison if they promote or vote for secessionist acts.
• People convicted of rebellion or constitutional disloyalty: Would face more restrictions on access to the third prison grade and parole, with minimum terms of twenty or twenty-five years.
• Public authorities and officials: Could be punished for calling, authorizing, facilitating, or working at illegal referendums.
• Authorities and officials who fail to oppose a rebellion: Would face tougher punishment if they abandon their post to avoid preventing or prosecuting these crimes.

Words worth knowing

Tercer grado penitenciario (third prison grade)

A more flexible way of serving a sentence, under which an inmate can leave the prison to work or live with less control.

Libertad condicional (parole)

Release from prison before serving the full sentence, if certain conditions are met.

Inhabilitación absoluta (absolute disqualification)

A ban on holding any public job or office for the period set by the sentence.

Prevaricación (misconduct in office)

When an authority or official knowingly issues an unjust ruling in the exercise of their office.

Referéndum (referendum)

A popular vote in which citizens directly decide on an issue.

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