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What it is

Bill would stop treating insults to the Crown as crimes

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 30 May 2022. Introduced by: Senado.

Official title: Private member's bill to amend Organic Law 10/1995, of November 23, on the Penal Code, to decriminalize insults to the Crown and outrages against Spain (Organic).

Follow this law

Source: Congreso de los Diputados, file 124/000013· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove from the Criminal Code section 3 of Article 490 and Articles 491 and 543, which punish insults to the Crown and offenses against Spain.
  2. The explanatory statement argues that burning flags or images of the king are acts of political criticism protected by freedom of expression, following the case law of the European Court of Human Rights.
  3. The law would take effect the day after its publication in the Official State Gazette.

Who it affects

  • People who criticize, insult or burn symbols of the Crown or of Spain: They could no longer face criminal punishment for those acts if the bill is passed.
  • Artists, satirists and the media: According to the explanatory statement, they would face less risk of criminal prosecution over expressions about the Monarchy.
  • Judges and courts: They would no longer be able to apply the criminal provisions being removed.

Words worth knowing

Injurias a la Corona
Statements that seriously offend the king or his family, currently punished under the Criminal Code.
Ultrajes a España
Serious offenses against the nation, its symbols or its institutions, currently punished under Article 543 of the Criminal Code.
Proposición de ley
A bill: a text in the form of a law that has not been passed yet and is going through Parliament.
Ley Orgánica
An organic law, reserved for major matters such as fundamental rights, which requires a special majority to pass.
TEDH
European Court of Human Rights, the court that monitors compliance with the Rome human rights convention.

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 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced30 May 2022Someone registers the text in the Congreso.
  2. Admitted7 June 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments10 June 2022Groups propose changes.
  4. Committee15 September 2022A 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 7 official steps on a timeline
Jun 2022Sept 2022Dec 2022Mar 202311. 30 May 2022: Presentación22. 7 June 2022: Comisión de Justicia Publicación desde 07/06/2022 hasta 10/06/202233. 7 June 2022: Calificación44. 10 June 2022: Comisión de Justicia Enmiendas desde 10/06/2022 hasta 30/05/202355. 28 June 2022: Comisión de Justicia Mesa - Calificación desde 28/06/2022 hasta 15/09/202266. 15 September 2022: Comisión de Justicia Debate de totalidad desde 15/09/2022 hasta 29/09/202277. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

29 September 2022

How did the plenary vote?

More votes against 52 yes · 202 no · 90 abst.

Voted on: Amendment to the whole of alternative text submitted by the VOX Parliamentary Group.

This law had 3 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 30 of sitting 205· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

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 VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc and GPlu. 3 deputies voted differently from their group.

By province: in 1 most voted in favour; in 33, against.

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

  • In favour: 1
  • Against: 33
  • Abstained: 3
  • Tie: 15
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
13 against
Socialista120
120 against
Vasco (EAJ-PNV)6
6 against
Mixto11
1 in favour · 6 against · 2 abst. · 2 did not vote
Ciudadanos9
8 against · 1 did not vote
Gcup-ec-gc33
33 against
GPlu12
11 against · 1 did not vote
Popular en el Congreso88
88 abst.
VOX52
51 in favour · 1 did not vote

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.

Read the full method · Report an error