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What it is

Bill to toughen penalties for repeat petty theft and fraud

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 30 December 2022. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill amending the crime of theft and the crime of fraud in the Penal Code (Organic).

Follow this law

Source: Congreso de los Diputados, file 122/000285· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would allow prior convictions for petty offenses to count when deciding whether someone is a repeat offender, which is currently not allowed except for exceptions. This affects the rules on repeat offending, harsher penalties, and suspended sentences.
  2. It proposes that anyone convicted three or more times for theft, even petty theft, would face the same one to three year prison sentence set for serious theft, regardless of the value of what was stolen.
  3. The same would apply to fraud: repeat petty offenses, such as leaving gas stations, restaurants and hotels without paying, would carry one to six years in prison and a fine.
  4. The law would take effect the day after its publication in the Official State Gazette. It is issued under the state's exclusive power over criminal legislation.

Who it affects

  • Repeat offenders in theft or fraud: They could receive prison sentences even if their prior convictions were for petty offenses.
  • Stores and the retail sector: The text aims to reduce annual losses from theft, which the sector estimates at 1.8 billion euros.
  • Owners of farms and livestock operations: The reform seeks to address the thefts they suffer, which harm their business.
  • Judges and courts: They could take petty offense convictions into account when increasing penalties or denying a suspended sentence.

Words worth knowing

Delito leve
A less serious criminal offense, usually punished with a fine rather than prison.
Multirreincidencia
Offending again after several prior convictions, in this case three or more, for similar crimes.
Ejecutoriamente
Refers to a final conviction, one that can no longer be appealed.
Proposición de ley
A bill introduced by parliamentary groups to create or change a law. It is not a law until passed.
Ley Orgánica
A type of Spanish law requiring an absolute majority in Congress, used for matters affecting fundamental rights.

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. Introduced30 December 2022Someone registers the text in the Congreso.
  2. Admitted24 January 2023The 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 2022Jan 2023Feb 202311. 30 December 2022: Presentación22. 24 January 2023: Boletín Oficial de las Cortes Generales Publicación desde 24/01/2023 hasta 27/01/202333. 24 January 2023: Calificación44. 27 January 2023: Gobierno Contestación desde 27/01/2023 hasta 08/03/202355. 8 March 2023: Pleno Toma en consideración desde 08/03/2023 hasta 28/03/202366. 28 March 2023: Concluido - (Rechazado) desde 28/03/2023 hasta 03/04/2023

28 March 2023

How did the plenary vote?

More votes against 151 yes · 173 no · 12 abst.

Voted on: Private member's bill of the Popular Parliamentary Group in the Congress, amending the crime of theft and the crime of fraud in the Penal Code (Organic).

Source: Congreso de los Diputados, vote 2 of sitting 248· 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 Mixto, Ciudadanos, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista, Gcup-ec-gc and GPlu. 8 deputies voted differently from their group.

By province: in 19 most voted in favour; in 17, against.

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

  • In favour: 19
  • Against: 17
  • Tie: 16
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
13 against
Socialista119
117 against · 2 did not vote
Vasco (EAJ-PNV)6
6 abst.
Mixto11
6 in favour · 2 against · 2 abst. · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc33
29 against · 4 did not vote
GPlu12
7 against · 4 abst. · 1 did not vote
Popular en el Congreso88
85 in favour · 3 did not vote
VOX52
51 in favour · 1 did not vote

What happens next

What happens now?

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

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