Bill would end automatic suspension of public officials in terrorism cases

Automatic summary, not yet reviewed

1. The bill would repeal Article 384 bis of the Criminal Procedure Act. That article allowed the automatic suspension of a public official charged with crimes linked to armed bands or terrorism while they were in pretrial detention.
2. The sponsors explain that the rule was created in 1984 as a response to terrorism, but that it has been used in a distorted way, for example against elected Catalan pro-independence officials, without a final conviction.
3. They cite a July 12, 2022 opinion by the UN Human Rights Committee, which found that applying this article to Catalan political leaders violated the right to take part in public affairs and to be elected. The Committee asked Spain to respond within 180 days with the measures adopted.
4. According to the bill, repealing the article is the way to prevent future violations of that political participation right.

Who it affects

• Public officials and elected officials charged with terrorism or rebellion crimes: They could no longer be automatically suspended from office while in pretrial detention, if the bill is passed.
• Citizens and voters: Their right to be represented by their elected officials would be preserved.
• Investigating judges: They would lose the power to suspend the duties of public officials for these crimes before a conviction.

Words worth knowing

Derogación (repeal)

Ending a rule, that is, removing it from the legal system.

Ley Orgánica (Organic Act)

A type of Spanish law reserved for major matters, such as fundamental rights, which requires a special majority in the Congress to pass.

Prisión provisional (pretrial detention)

Jailing a person before trial while the case is being investigated.

Auto de procesamiento (committal order)

A decision by an investigating judge formally charging a person in a criminal investigation.

Ley de Enjuiciamiento Criminal (Criminal Procedure Act)

The Spanish law that governs how criminal trials and investigations work.

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