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Type a law, a topic, a person or a province.

What it is

Bill would stop treating insults to the Crown as crimes

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 11 August 2020. Introduced by: Grupo Parlamentario Republicano.

Official title: Private member's bill to amend Organic Law 10/1995, of November 23, on the Penal Code, to decriminalize insults to the Crown and outrages against Spain (Organic).

Source: Congreso de los Diputados, file 122/000078· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove section 3 of Article 490 and Articles 491 and 543 from the Criminal Code. This would eliminate the crimes of insulting the Crown and outrages against Spain.
  2. The sponsors argue these acts should count as freedom of expression. They cite cases of artists and others prosecuted for criticizing the Monarchy, and European Court of Human Rights rulings against Spain.
  3. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People who criticize, insult or burn symbols of the Crown or Spain: They could no longer face criminal punishment for it if the reform passes.
  • Artists, satirists and the media: The risk of criminal prosecution for this kind of expression would disappear.
  • The Crown and State symbols: They would lose the special criminal protection now provided in the Criminal Code.

Words worth knowing

Injurias a la Corona
Serious insults to the King or his family, currently a crime under the Criminal Code.
Ultrajes a España
Public offenses against the nation or its symbols, such as the flag or anthem, currently a crime.
Proposición de ley
A bill introduced by members of Congress. It is not a law until approved.
Ley Orgánica
An organic law, a special type of Spanish law for major matters such as fundamental rights, requiring stronger majorities to pass.
TEDH
European Court of Human Rights, which rules on whether countries comply with the Rome human rights convention.

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 rejected.

  1. Introduced11 August 2020Someone registers the text in the Congreso.
  2. Admitted2 September 2020The 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 6 official steps on a timeline
Aug 2020Sept 202011. 11 August 2020: Presentación22. 2 September 2020: Boletín Oficial de las Cortes Generales Publicación desde 02/09/2020 hasta 07/09/202033. 2 September 2020: Calificación44. 7 September 2020: Gobierno Contestación desde 07/09/2020 hasta 14/10/202055. 14 October 2020: Pleno Toma en consideración desde 14/10/2020 hasta 27/10/202066. 27 October 2020: Concluido - (Rechazado) desde 27/10/2020 hasta 04/11/2020

27 October 2020

How did the plenary vote?

More votes against 73 yes · 273 no · 4 abst.

Voted on: Private member's bill by the Republican Parliamentary Group, amending Organic Law 10/1995, of November 23, of the Penal Code, to decriminalize insults to the Crown and outrages against Spain (Organic).

Source: Congreso de los Diputados, vote 1 of sitting 54· updated 11 Nov

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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 Euskal Herria Bildu, Republicano, Vasco (EAJ-PNV), Gcup-ec-gc and GPlu. Against, most of Socialista, Mixto, Ciudadanos, Popular en el Congreso and VOX. 6 deputies voted differently from their group.

By province: in 7 most voted in favour; in 45, against.

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

  • In favour: 7
  • Against: 45
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
118 against · 2 abst.
Vasco (EAJ-PNV)6
6 in favour
Mixto9
2 in favour · 5 against · 2 abst.
Ciudadanos10
10 against
Gcup-ec-gc35
35 in favour
GPlu12
12 in favour
Popular en el Congreso88
88 against
VOX52
52 against

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

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.