What it is
Death penalty abolished in wartime in Spain
It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 5 September 1995. Introduced by: Comisión de Justicia e Interior.
Official title: Private member's Organic bill on the abolition of the death penalty in time of war.
Source: Congreso de los Diputados, file 122/000126· updated 11 Nov
Automatic summary, not yet reviewed
- The law abolishes the death penalty in wartime. With this, it disappears from the Spanish legal system.
- The Military Criminal Code is amended: Article 25 is removed, and references to the death penalty as a possible punishment are deleted from many articles.
- The law on military jurisdiction is amended: one paragraph of Article 162 is deleted, and it is established that the military member of the court will be permanent and will be appointed by the Minister of Defense.
- The military procedural law is adjusted: the mention of the death penalty is removed from the preamble, and Articles 398 and 406 are rewritten regarding defendants caught in the act of a military crime and regarding the ruling after the hearing.
Who it affects
- Military personnel and people tried by military courts: They can no longer be sentenced to death in wartime for military crimes.
- Military judges and courts: They must apply the Military Criminal Code without the death penalty and follow the new procedural rules.
- Minister of Defense: Appoints the military member of the court, who will hold the position permanently.
Words worth knowing
- Código Penal Militar
- Military Criminal Code: the set of laws defining crimes and punishments in the military field.
- Vocal Militar
- Military member of a court, in this case of a military jurisdiction body.
- Delito flagrante
- Flagrant crime: a crime discovered while it is being committed.
- Recurso de casación
- Cassation appeal: an appeal that allows a higher court to review a ruling for errors in its application or procedure.
It summarizes the law as published in the BOE. 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 7 of 7 steps. It reached BOE, and today it is passed.
- Introduced5 September 1995Someone registers the text in the Congreso.
- Admitted5 September 1995The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
- Amendmentsno dateGroups propose changes.
- Committeeno dateA committee goes through the text in detail.
- Plenaryno dateAll 350 deputies vote.
- Senateno dateThe Senate can pass it, amend it or veto it.
- BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
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?
It is law, or will be once published in the BOE. It comes into force on the date its own text sets.
The same initiative in the other chamber:
- V Legislature, Senate Private member's bill: Organic Law on the abolition of the death penalty in time of war.
Published in the BOE: Organic Law 11/1995, of November 27, on the abolition of the death penalty in time of war.
Sources
Where does all this come from?
- Congreso de los Diputados, file 122/000126
Official title, type, author, dates and stage.
Retrieved 11 November 2026
- BOE, BOE-A-1995-25714
The law as published.
Retrieved 11 November 2026
- 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.