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What it is

Proposal to toughen penalties for damaging historic heritage

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 8 November 2022. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill for the amendment of Law 16/1985, of 25 June, on the Spanish Historical Heritage.

Source: Congreso de los Diputados, file 122/000269· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would add a new administrative offense for causing material damage to assets of Spanish Historic Heritage, with fines of up to €2,000,000 for that case.
  2. It would also set fines of up to €60,000, €150,000 or €600,000 for the other administrative offenses, and update the amounts to euros.
  3. The bill would raise the prison sentences in Article 323 of the Criminal Code, which punishes damage to historic assets or archaeological sites, from six months to three years up to one year to five years, and allow higher penalties if the damage is especially serious.
  4. The reform responds to environmental activism attacks on artworks in Europe and Spain, such as the one at the Museo Nacional del Prado, and seeks to punish damage that does not amount to a crime.

Who it affects

  • People who damage assets of Spanish Historic Heritage: They could face administrative fines of up to €2,000,000, even if the damage is not a crime.
  • Those who commit criminal damage to historic assets or archaeological sites: Proposed prison sentences would go from six months to three years up to one year to five years.
  • Owners and holders of heritage assets: They remain subject to administrative offenses for failing their duties, with fines of up to €60,000.

Words worth knowing

Proposición de ley
A bill introduced by a parliamentary group to become a law. Here it is not approved yet.
Bien de Interés Cultural
The highest protection status Spanish law gives to certain historic or artistic assets.
Yacimiento arqueológico
Archaeological site: a place with buried or underwater historical remains that are studied and protected.
Exposición de motivos
The opening section of the text explaining why the reform is proposed.

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. Introduced8 November 2022Someone registers the text in the Congreso.
  2. Admitted14 November 2022The 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 2022Mar 202311. 8 November 2022: Presentación22. 14 November 2022: Boletín Oficial de las Cortes Generales Publicación desde 14/11/2022 hasta 17/11/202233. 14 November 2022: Calificación44. 17 November 2022: Gobierno Contestación desde 17/11/2022 hasta 28/12/202255. 28 December 2022: Pleno Toma en consideración desde 28/12/2022 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.