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What it is

Proposal to try crimes of the Franco dictatorship

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 28 October 2020. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill to amend Organic Law 10/1995, of 23 November, on the Penal Code (Organic).

Follow this law

Source: Congreso de los Diputados, file 122/000096· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill seeks to end the impunity for crimes against humanity committed by the Franco dictatorship, so that victims and their families can gain real access to justice.
  2. It relies on international human rights treaties ratified by Spain, which require the State to prosecute these crimes even if its domestic law says otherwise.
  3. According to the bill, applying international crimes to past events does not violate the principle of legality, because those crimes were already banned under international law when they were committed.
  4. The bill would add a new Article 2 bis to the Criminal Code to allow the trial and conviction of acts that were crimes under international law, even if they were not crimes under Spanish law at the time.

Who it affects

  • Victims of the dictatorship and their families: Could see the crimes committed during the Franco dictatorship prosecuted and could seek justice.
  • Perpetrators of crimes against humanity and genocide: Could be tried and convicted for international crimes even if the acts predate the Spanish law defining them.
  • Spanish judges and courts: Would have to investigate and prosecute these crimes in line with international treaties.

Words worth knowing

Principio de legalidad (principle of legality)
The rule that an act can only be punished if it was already banned by law when it was committed.
Crímenes de lesa humanidad (crimes against humanity)
Very serious crimes committed on a massive or systematic scale against civilians, such as murder or torture.
Genocidio (genocide)
The crime of deliberately destroying a human group because of its origin, ethnicity, religion or other traits.
Ius cogens
Rules of international law so fundamental that no state can agree around them, such as the ban on torture.
Proposición de ley (non-governmental bill)
A text submitted by parliamentary groups proposing a law; it is not approved until it completes the legislative process.

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. Introduced28 October 2020Someone registers the text in the Congreso.
  2. Admitted3 November 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
Dec 2020Mar 2021Jun 2021Sept 2021Dec 202111. 28 October 2020: Presentación22. 3 November 2020: Boletín Oficial de las Cortes Generales Publicación desde 03/11/2020 hasta 06/11/202033. 3 November 2020: Calificación44. 6 November 2020: Gobierno Contestación desde 06/11/2020 hasta 16/12/202055. 16 December 2020: Pleno Toma en consideración desde 16/12/2020 hasta 15/03/202266. 15 March 2022: Concluido - (Rechazado) desde 15/03/2022 hasta 21/03/2022

15 March 2022

How did the plenary vote?

More votes against 70 yes · 269 no

Voted on: Private member's bill from the Mixed Parliamentary Group, amending Organic Law 10/1995, of 23 November, of the Penal Code (Organic).

Source: Congreso de los Diputados, vote 1 of sitting 160· updated 10 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. 3 deputies voted differently from their group.

By province: in 7 most voted in favour; in 44, against.

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

  • In favour: 7
  • Against: 44
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
118 against · 2 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto10
2 in favour · 6 against · 2 did not vote
Ciudadanos9
9 against
Gcup-ec-gc34
32 in favour · 1 against · 1 did not vote
GPlu12
12 in favour
Popular en el Congreso88
84 against · 4 did not vote
VOX52
51 against · 1 did not vote

What happens next

What happens now?

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

Presented before in:

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.

Read the full method · Report an error