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What it is

Bill would repeal crimes that limit freedom of expression

Committee step 4 of 7· Lapsed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 22 September 2023. Introduced by: Grupo Parlamentario Plurinacional SUMAR.

Official title: Private member's bill for an Organic Law amending Organic Law 10/1995, of November 23, the Penal Code, for the protection of freedom of expression.

Source: Congreso de los Diputados, file 122/000006· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove from the Criminal Code the crimes against religious feelings (Article 525), against the Crown (Articles 490.3 and 491), offenses against Spain and its symbols (Article 543), insults to institutions and security forces (Article 504), and glorification of terrorism (Article 578).
  2. The explanatory statement argues that these crimes have been used to punish criticism, satire or protest, and that freedom of expression should prevail unless there is direct incitement to violence, hatred or discrimination.
  3. The bill would reform the fourth aggravating circumstance of Article 22 so that attacking a person for being a victim of terrorism counts as an aggravating factor, keeping victims protected even though Article 578 would be repealed.
  4. It would create a new Article 536 bis, punishing with disqualification from public office and a fine any authority or public official who identifies people outside the legal grounds in order to know or control their participation in political, union, religious or expression activities.
  5. It would add a second paragraph to Article 538 to punish any authority or public official who, outside the cases allowed by law, prevents one or more people from exercising freedom of expression.
  6. The law would take effect the day after its publication in the Official State Gazette, and the Government would be empowered to issue the rules needed to apply it.

Words worth knowing

Derogar (repeal)
To remove a rule or article from the law so it no longer applies.
Tipo penal (criminal offense definition)
The legal description of conduct that the law punishes as a crime.
Agravante (aggravating circumstance)
A factor that makes a crime punishable more severely.
Inhabilitación especial (special disqualification)
A penalty that bars a person from holding a public job or office for a period of time.
Proposición de ley (bill)
A legislative proposal introduced by members of Congress that still needs to be debated and passed.

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 lapsed.

  1. Introduced22 September 2023Someone registers the text in the Congreso.
  2. Admitted26 September 2023The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments12 January 2024Groups propose changes.
  4. Committee10 July 2026A 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 12 official steps on a timeline
Dec 2023Dec 2024Dec 202511. 22 September 2023: Presentación22. 26 September 2023: Boletín Oficial de las Cortes Generales Publicación desde 26/09/2023 hasta 29/09/202333. 26 September 2023: Calificación44. 29 September 2023: Gobierno Contestación desde 29/09/2023 hasta 07/11/202355. 7 November 2023: Pleno Toma en consideración desde 07/11/2023 hasta 19/12/202366. 19 December 2023: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 19/12/2023 hasta 09/01/202477. 9 January 2024: Comisión de Justicia Publicación desde 09/01/2024 hasta 12/01/202488. 12 January 2024: Comisión de Justicia Enmiendas desde 12/01/2024 hasta 10/09/202699. 18 June 2026: Comisión de Justicia Mesa - Calificación desde 18/06/2026 hasta 10/07/20261010. 10 July 2026: Comisión de Justicia Debate de totalidad desde 10/07/2026 hasta 14/07/20261111. 10 September 2026: Comisión de Justicia Informe desde 10/09/2026 hasta 06/10/20261212. 6 October 2026: Concluido - (Caducado) desde 06/10/2026 hasta 04/11/2026

14 July 2026

How did the plenary vote?

More votes against 171 yes · 178 no

Voted on: Amendment to the whole of alternative text submitted by the Popular Parliamentary Group in the Congress.

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

Source: Congreso de los Diputados, vote 56 of sitting 192· 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 Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Plurinacional SUMAR, Republicano, Socialista, Vasco (EAJ-PNV), Junts per Catalunya and Mixto. 1 deputy voted differently from their group.

By province: in 30 most voted in favour; in 11, against.

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

  • In favour: 30
  • Against: 11
  • Tie: 11
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu6
6 against
Plurinacional SUMAR26
26 against
Republicano7
6 against · 1 did not vote
Socialista121
121 against
Vasco (EAJ-PNV)5
5 against
Junts per Catalunya7
7 against
Mixto8
1 in favour · 7 against
Popular en el Congreso137
137 in favour
VOX33
33 in favour

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.

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 never say “passed” because of a vote: the files do not say which majority was needed.