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What it is

Proposal to restore universal jurisdiction in Spain

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 29 August 2023. Introduced by: Grupo Parlamentario Vasco (EAJ-PNV).

Official title: Private member's bill for the reform of Organic Law 6/1985, of 1 July, on the Judiciary (Organic).

Source: Congreso de los Diputados, file 122/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The proposal explains that the 2009 and 2014 reforms left universal jurisdiction nearly without effect in Spain. The goal is to restore it for crimes that harm the international community, such as genocide or torture, without requiring links to Spain.
  2. The bill would allow Spanish courts to try crimes committed outside Spain by Spaniards or by foreigners who acquired Spanish nationality after the acts. Three conditions would apply: the act must be a crime where it was committed, the victim or the Public Prosecutor's Office must file a complaint, and the offender must not have already been acquitted, pardoned or sentenced abroad.
  3. The bill would list crimes Spanish courts could pursue even if committed abroad, regardless of the nationality of offender or victim. It includes genocide, torture, forced disappearance, piracy, terrorism, drug trafficking, human trafficking, sexual offenses against minors, corruption and other crimes covered by international treaties.
  4. The bill would bar prosecution in Spain when proceedings already exist before an international court or in the country where the acts occurred. That rule would not apply if the other state is unwilling or genuinely unable to investigate, a question the Spanish judge would assess.

Who it affects

  • Victims of serious crimes committed abroad: They could file complaints before Spanish courts even if the acts happened abroad with no nationality link.
  • People suspected of those crimes: They could be tried in Spain even for acts committed abroad, unless effective proceedings already exist in another country or international court.
  • Spanish judges and prosecutors: They would get new rules on when they can investigate these crimes and when another jurisdiction takes priority.

Words worth knowing

Jurisdicción universal (universal jurisdiction)
A country's power to try very serious crimes even when committed outside its territory and not involving its nationals.
Ministerio Fiscal (Public Prosecutor's Office)
The public body that appears in court to defend the law and the general interest, also called the fiscalía.
Querella (criminal complaint)
A written request asking a judge to open a criminal case, unlike a denuncia, which is a simple report of the facts.
Extradición (extradition)
Handing a person over to another country so they can be tried or serve a sentence there.

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. Introduced29 August 2023Someone registers the text in the Congreso.
  2. Admitted5 September 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 reachedThe deputies vote, usually in the plenary; some laws are passed by a committee without going to it.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedThe King gives royal assent and it is published in the Official State Gazette (BOE). It comes into force on the date it sets, or after 20 days if it sets none.
See the 6 official steps on a timeline
Dec 2023Dec 2024Dec 202511. 29 August 2023: Presentación22. 5 September 2023: Boletín Oficial de las Cortes Generales Publicación desde 05/09/2023 hasta 08/09/202333. 5 September 2023: Calificación44. 8 September 2023: Gobierno Contestación desde 08/09/2023 hasta 16/10/202355. 16 October 2023: Pleno Toma en consideración desde 16/10/2023 hasta 06/10/202666. 6 October 2026: Concluido - (Caducado) desde 06/10/2026 hasta 04/11/2026

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.

Presented before in:

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.