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What it is

Bill to toughen penalties for repeat theft and fraud offenders

Amendments step 3 of 7· Lapsed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 April 2024. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill for an Organic Law amending Organic Law 10/1995, of November 23, on the Penal Code, regarding multiple recidivism in the crimes of theft and fraud.

Source: Congreso de los Diputados, file 122/000091· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would allow prior convictions for minor theft or fraud offenses to count toward harsher penalties for repeat offenders, something the Supreme Court struck down in 2017 and 2019. To do this, it would amend the repeat offense rules in Articles 22, 66, 80, 234, 235 and 250 of the Criminal Code.
  2. If the repeat offenses consist only of minor crimes, or minor ones along with less serious or serious ones, the penalty would be reduced by one degree, so it does not exceed the penalty for the basic offense. For fraud, if all prior crimes were minor, the court would impose the basic penalty regardless of the amount defrauded.
  3. A new aggravating circumstance would be added: if the stolen items are electronic or tech devices that may contain personal data, theft would carry one to three years in prison.
  4. The law is issued under the State's exclusive power over criminal legislation and would take effect the day after its publication in the Official State Gazette.

Who it affects

  • People with multiple theft or fraud convictions: They could face tougher prison sentences if they offend again.
  • Retailers and the commercial distribution sector: The bill aims to reduce losses from frequent theft.
  • People in shops, public transport and tourist areas: The reform seeks to improve the sense of security in those spaces.
  • Owners of farms and livestock operations: The reform aims to curb thefts they suffer.

Words worth knowing

Delito leve
A minor crime, punished with light penalties such as a fine.
Multirreincidencia
Offending again when the person already has several final convictions.
Ejecutoriamente
Refers to a conviction that is final and can no longer be appealed.
Pena inferior o superior en grado
Lowering or raising the penalty one step from the one set for the offense.
Ley Orgánica
A special type of Spanish law used for fundamental rights, requiring a higher majority to pass.

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 3 of 7 steps. It reached Amendments, and today it is lapsed.

  1. Introduced18 April 2024Someone registers the text in the Congreso.
  2. Admitted24 April 2024The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments21 June 2024Groups 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 9 official steps on a timeline
Jun 2024Sept 2024Dec 2024Mar 2025Jun 2025Sept 2025Dec 2025Mar 2026Jun 2026Sept 202611. 18 April 2024: Presentación22. 24 April 2024: Boletín Oficial de las Cortes Generales Publicación desde 24/04/2024 hasta 26/04/202433. 24 April 2024: Calificación44. 26 April 2024: Gobierno Contestación desde 26/04/2024 hasta 05/06/202455. 5 June 2024: Pleno Toma en consideración desde 05/06/2024 hasta 11/06/202466. 11 June 2024: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 11/06/2024 hasta 18/06/202477. 18 June 2024: Comisión de Justicia Publicación desde 18/06/2024 hasta 21/06/202488. 21 June 2024: Comisión de Justicia Enmiendas desde 21/06/2024 hasta 06/10/202699. 6 October 2026: Concluido - (Caducado) desde 06/10/2026 hasta 04/11/2026

11 June 2024

How did the plenary vote?

More votes in favour 302 yes · 40 no

Voted on: Private member's bill by the Popular Parliamentary Group in the Congress, Organic Law amending Organic Law 10/1995, of November 23, of the Penal Code, in matters of multiple recidivism in the crimes of theft and fraud.

Source: Congreso de los Diputados, vote 2 of sitting 44· 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 Socialista, Vasco (EAJ-PNV), Junts per Catalunya, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Plurinacional SUMAR, Republicano and Mixto. 3 deputies voted differently from their group.

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

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

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu6
5 against · 1 did not vote
Plurinacional SUMAR27
24 against · 3 did not vote
Republicano7
6 against · 1 did not vote
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)5
5 in favour
Junts per Catalunya7
7 in favour
Mixto8
3 in favour · 5 against
Popular en el Congreso137
135 in favour · 2 did not vote
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.