Bill to bring back sedition and embezzlement crimes

Automatic summary, not yet reviewed

1. The bill would amend the Criminal Code to bring back the crime of sedition, toughen embezzlement penalties, and punish calling illegal referendums. It is a bill introduced by the Popular Party group, not an approved law.
2. On embezzlement, it would delete Article 432 bis and restore Articles 432 and 433 to their wording before the 2022 reform. Appropriating public funds would carry two to six years in prison, rising to four to eight in aggravated cases, and only losses under 4,000 euros would get reduced penalties.
3. It would reinstate the crime of sedition, repealed in 2022, as a new chapter with Articles 544 to 549. Those who lead a sedition could face eight to ten years in prison, or ten to fifteen if they are public authorities.
4. It would add a new Article 506 bis: a public authority or official who calls elections or popular consultations without having the powers to do so would face three to five years in prison. Anyone who facilitates or promotes such a process, once declared illegal, would face one to three years.
5. It would also add an Article 521 bis for those who act as poll workers or help hold an illegal election or consultation: six months to one year in prison or a fine of twelve to twenty-four months.
6. The law would be enacted under the State's exclusive power over criminal legislation and would take effect twenty days after publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• Public authorities and officials who manage public money, because embezzlement penalties would become tougher again.: Two to six years in prison, rising to four to eight in aggravated cases, plus disqualification.
• Authorities or officials who call or authorize elections or referendums without having the powers to do so.: Three to five years in prison and absolute disqualification.
• People who act as poll workers or help hold a consultation already declared illegal.: Six months to one year in prison or a fine.
• People who rise up publicly and in tumult to block the application of the laws by force.: Punished again as sedition, with four to ten years in prison depending on their role, or ten to fifteen if they are authorities.

Words worth knowing

Malversación (embezzlement)

Crime committed by a public authority or official who uses public money or property for a purpose other than the one intended.

Sedición (sedition)

Rising up publicly and in tumult, short of rebellion, to block by force the application of the laws or the work of public authorities.

Proposición de ley (bill)

A text introduced by a parliamentary group so it can become a law. It is not a law until approved.

Ley orgánica (organic law)

A law reserved for major matters, such as criminal law, requiring an absolute majority in the Congress to pass.

Inhabilitación absoluta (absolute disqualification)

A penalty that bars a person from holding any public job or office for the duration of the sentence.

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