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What it is

Bill proposes tougher penalties for sex crimes

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 5 October 2023. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's bill for an Organic Law amending Organic Law 10/1995, of November 23, the Penal Code, regarding crimes against sexual freedom and integrity.

Source: Congreso de los Diputados, file 122/000009· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill, introduced by the VOX parliamentary group, proposes raising penalties for several sex crimes, especially those committed against minors or people with disabilities, and removing the option of paying only a fine in some cases.
  2. It restores the distinction between sexual assault (agresión sexual) and sexual abuse (abuso sexual), which organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 10/2022 had merged into a single offense.
  3. It creates the crime of gang rape (violación conjunta), when two or more people commit a rape, punishable by reviewable permanent imprisonment, whether the victim is an adult or a minor or person with a disability.
  4. It raises prison sentences for crimes against minors and people with disabilities, and provides that for several of these crimes a fine can never replace the prison sentence.
  5. It adds accessory penalties for all crimes in the title: loss of the residence permit or expulsion for foreigners, and loss of Spanish nationality if it was obtained by derivative acquisition.
  6. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People convicted of sex crimes: They would face higher prison sentences and, in some cases, loss of their residence permit, expulsion, or loss of Spanish nationality.
  • Minors under 16 and people with disabilities needing special protection: They would receive greater criminal protection, with harsher penalties for offenders.
  • Foreigners, whether residents in Spain or not: Committing these crimes would be an immediate ground for revoking the residence permit or expelling them from the country.
  • Companies (legal persons) responsible for prostitution or sexual exploitation crimes: Accessory penalties under the Penal Code would be imposed on them mandatorily.

Words worth knowing

Prisión permanente revisable (reviewable permanent imprisonment)
The longest prison sentence in the Spanish system: in theory it lasts for life, but a court can review it and grant parole after a minimum period.
Adquisición derivativa (derivative acquisition)
Obtaining Spanish nationality through a route other than being born in Spain or to a Spanish parent, for example through residence.
Pena accesoria (accessory penalty)
A legal consequence added automatically to the main sentence (prison or fine), such as losing a permit or being expelled from the country.
Proposición de ley (proposed bill)
A text through which a parliamentary group proposes a new law. It is not a law until the Congress and the Senate approve it.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

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. Introduced5 October 2023Someone registers the text in the Congreso.
  2. Admitted10 October 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
Oct 2023Nov 202311. 5 October 2023: Presentación22. 10 October 2023: Boletín Oficial de las Cortes Generales Publicación desde 10/10/2023 hasta 13/10/202333. 10 October 2023: Calificación44. 13 October 2023: Gobierno Contestación desde 13/10/2023 hasta 21/11/202355. 21 November 2023: Pleno Toma en consideración desde 21/11/2023 hasta 12/12/202366. 12 December 2023: Concluido - (Rechazado) desde 12/12/2023 hasta 18/12/2023

12 December 2023

How did the plenary vote?

More votes against 33 yes · 316 no · 1 abst.

Voted on: Private member's bill from the VOX Parliamentary Group, Organic bill for the modification of Organic Law 10/1995, of November 23, of the Penal Code, in matters of crimes against sexual freedom and integrity.

Source: Congreso de los Diputados, vote 2 of sitting 11· 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 VOX. Against, most of Euskal Herria Bildu, Plurinacional SUMAR, Republicano, Socialista, Vasco (EAJ-PNV), Junts per Catalunya, Mixto and Popular en el Congreso. 1 deputy voted differently from their group.

By province: in 0 most voted in favour; in 52, against.

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

  • In favour: 0
  • Against: 52
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu6
6 against
Plurinacional SUMAR26
26 against
Republicano7
7 against
Socialista121
121 against
Vasco (EAJ-PNV)5
5 against
Junts per Catalunya7
7 against
Mixto8
7 against · 1 abst.
Popular en el Congreso137
137 against
VOX33
33 in favour

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.