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What it is

Congress approves tougher Penal Code penalties for hate and discrimination

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 10 May 2022. Introduced by: Comisión de Igualdad.

Official title: Private member's Organic bill complementary to the Comprehensive Law on equal treatment and non-discrimination, amending Organic Law 10/1995, of 23 November, on the Penal Code.

Source: Congreso de los Diputados, file 122/000220· updated 11 Nov

Automatic summary, not yet reviewed

  1. The Plenary of the Congress of Deputies (Congreso de los Diputados) approved this organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. bill on May 26, 2022. It was split off from the broader bill on equal treatment and non-discrimination because it amends the Penal Code. It is not a law in force.
  2. The bill would amend Article 22 of the Penal Code so that committing a crime for racist, antisemitic, anti-Roma, ideological, religious, sexual orientation or identity, gender, aporophobia, illness or disability reasons would be an aggravating factor. This applies even if those conditions are not actually present in the victim.
  3. It would also reform Article 510. Anyone who publicly incites hatred, or produces or spreads material that promotes it, could face one to four years in prison and a fine. Seriously denying or glorifying genocide or crimes against humanity, in a way that fosters a climate of violence, would carry the same penalty.
  4. Humiliating or discrediting people because they belong to these groups, or glorifying crimes committed against them, would carry six months to two years in prison and a fine. If those acts foster a climate of violence or hatred, the penalty would rise to one to four years in prison.

Who it affects

  • People who commit hate or discrimination crimes: they would face harsher penalties.: harsher penalty
  • Those who incite hatred or spread content promoting it: they could face prison and a fine.: prison and fine
  • Those who deny or glorify genocide or crimes against humanity against these groups.: prison and fine
  • Those who humiliate or discredit people because of their membership in these groups.: prison and fine

Words worth knowing

Ley orgánica (organic law)
A Spanish law reserved for major matters, such as fundamental rights, requiring an absolute majority in Congress to pass.
Agravante (aggravating factor)
A circumstance that makes the punishment for a crime more severe.
Aporofobia (aporophobia)
Rejection or hatred toward poor people or those without resources.
Delito de lesa humanidad (crime against humanity)
Very serious crimes committed on a widespread scale against civilians, such as mass murder or torture.
Desglose (splitting off)
Separating part of a bill so it can be processed as an independent text.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text passed by the full Congreso. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced10 May 2022Someone registers the text in the Congreso.
  2. Admitted10 May 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary10 May 2022All 350 deputies vote.
  6. Senate26 May 2022The Senate can pass it, amend it or veto it.
  7. BOE22 June 2022It is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
May 2022May 2022May 2022Jun 2022Jun 2022Jun 202211. 10 May 2022: Presentación22. 10 May 2022: Calificación33. 10 May 2022: Pleno Aprobación desde 10/05/2022 hasta 26/05/202244. 26 May 2022: Senado desde 26/05/2022 hasta 22/06/202255. 22 June 2022: Concluido - (Aprobado sin modificaciones) desde 22/06/2022 hasta 08/09/2022

26 May 2022

How did the plenary vote?

More votes in favour 293 yes · 0 no · 50 abst.

Voted on: Overall vote on the Organic Law Proposal complementary to the Comprehensive Law on equal treatment and non-discrimination, amending Organic Law 10/1995, of November 23, on the Penal Code, due to its organic nature.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 222 of sitting 183· 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, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu and Popular en el Congreso. 1 deputy voted differently from their group.

By province: in 51 most voted in favour; in 0, against.

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

  • In favour: 51
  • Against: 0
  • Abstained: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
10 in favour · 1 abst.
Ciudadanos9
8 in favour · 1 did not vote
Gcup-ec-gc33
33 in favour
GPlu12
12 in favour
Popular en el Congreso88
87 in favour · 1 did not vote
VOX52
49 abst. · 3 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

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.