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What it is

Bill to raise penalties for attacks on authority

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 27 September 2021. Introduced by: Grupo Parlamentario VOX.

Official title: Organic Private member's bill regarding the amendment of Organic Law 10/1995, of November 23, of the Penal Code, in relation to the crimes of assault, resistance, and disobedience to authority.

Source: Congreso de los Diputados, file 122/000163· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill, introduced by the VOX parliamentary group, would raise penalties for the crime of attacking authority. Prison terms would go from two years and six months to four years when the attack is against authority, and from one to three years in other cases.
  2. A new section would add a harsher penalty, three to six years in prison, for attacks on Government members, members of Congress, the Senate, regional assemblies, local councils, the General Council of the Judiciary, Constitutional Court justices, judges, magistrates or public prosecutors.
  3. The bill would raise the penalty for serious resistance or disobedience, from three months to one year in prison up to six months to one year in prison. It would also cover private security staff working with the security forces.
  4. The fine for showing disrespect toward authority would go from one to three months up to six months to one year.
  5. The authors justify the reform by the rise in these crimes in recent years and by the fact that Spanish penalties are lower than those in countries such as France, Italy and Germany.
  6. The law would take effect the day after its publication in the Official State Gazette, if it were passed.

Who it affects

  • Agents of authority, such as police officers, whose criminal protection would be strengthened.: Penalties for those who attack or disobey them would be higher.
  • People who attack, resist or seriously disobey authority.: They would face higher prison and fine penalties than current ones.
  • Government members, lawmakers, local officials, judges and prosecutors.: Attacks against them would carry a specific aggravated penalty.
  • Private security staff working with the security forces.: They would be included for the first time in the crime of serious resistance or disobedience.

Words worth knowing

Atentado
A crime consisting of attacking, seriously threatening or using violence against authority, its agents or public officials while performing their duties.
Agente de la autoridad
A person who carries out orders from authority or acts on its behalf, such as members of the security forces.
Tipo agravado
A version of a crime with circumstances that make the conduct more serious, so the penalty is higher.
Proposición de Ley Orgánica
A bill to amend a law affecting fundamental rights. It is not a law until both chambers of parliament approve it.

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. Introduced27 September 2021Someone registers the text in the Congreso.
  2. Admitted5 October 2021The 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 2021Dec 202211. 27 September 2021: Presentación22. 5 October 2021: Boletín Oficial de las Cortes Generales Publicación desde 05/10/2021 hasta 08/10/202133. 5 October 2021: Calificación44. 8 October 2021: Gobierno Contestación desde 08/10/2021 hasta 17/11/202155. 17 November 2021: Pleno Toma en consideración desde 17/11/2021 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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.