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What it is

Bill would presume self-defense when protecting your home

Admitted step 2 of 7· Lapsed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 11 June 2024. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's Organic Bill amending Organic Law 10/1995, of 23 November, on the Penal Code, to guarantee the right to self-defense.

Source: Congreso de los Diputados, file 122/000112· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would change self-defense rules in the Criminal Code. Its authors say people who defend their homes face criminal trials for allegedly using excessive force.
  2. The means used would be presumed reasonable when someone defends their home or its outbuildings, or a business premises if there is a risk of attack. This would cover any means of defense, regardless of the outcome, as long as any required administrative permit is held.
  3. The proposal aims to protect the inviolability of the home and the rights to freedom and security, both guaranteed by the Constitution.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People who defend their home or its outbuildings against an unlawful entry: The means of defense used would be presumed reasonable.
  • Business owners and professionals with premises: If there is a risk of attack, the reasonableness of the means used would also be presumed.
  • Judges and courts: They would no longer need to assess whether the means of defense was reasonable in these cases.

Words worth knowing

Legítima defensa
Self-defense: a ground that exempts from criminal liability someone acting against an unlawful attack.
Morada
A dwelling, meaning the home where a person lives, not just any property.
Proposición de Ley Orgánica
A bill to amend an organic law, introduced in the Congress of Deputies (Congreso de los Diputados) and not yet 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 2 of 7 steps. It reached Admitted, and today it is lapsed.

  1. Introduced11 June 2024Someone registers the text in the Congreso.
  2. Admitted18 June 2024The 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
Dec 2024Dec 202511. 11 June 2024: Presentación22. 18 June 2024: Boletín Oficial de las Cortes Generales Publicación desde 18/06/2024 hasta 21/06/202433. 18 June 2024: Calificación44. 21 June 2024: Gobierno Contestación desde 21/06/2024 hasta 28/09/202455. 28 September 2024: Pleno Toma en consideración desde 28/09/2024 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.

The same initiative in the other chamber:

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.