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What it is

Tougher penalties for domestic violence and immigration crimes

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 14 March 2003. Introduced by: Gobierno.

Official title: Organic Government bill on specific measures regarding public safety, domestic violence and the social integration of foreigners.

Follow this law

Source: Congreso de los Diputados, file 121/000136· updated 11 Nov

Automatic summary, not yet reviewed

  1. A qualified repeat offense aggravating factor is created: if the offender has already been convicted of at least three crimes of the same nature, the judge can raise the penalty one degree.
  2. Minor assaults committed in the domestic sphere stop being minor offenses and become crimes, with possible prison time and loss of the right to own or carry weapons. The crime of habitual domestic violence is also extended to more potential victims.
  3. For foreign nationals who are not legally resident in Spain and are sentenced to prison terms under six years, the penalty is generally replaced by expulsion, with a 10-year ban on returning.
  4. Punishment for human smuggling is toughened, with four to eight years in prison, and female genital mutilation is expressly made a crime, punishable by six to 12 years in prison.
  5. The immigration law is reformed to speed up expulsion when the foreign national has pending criminal proceedings: the judge must authorize it within a maximum of three days.
  6. In separation and divorce cases, Spanish law applies when one spouse is Spanish or lives in Spain, if the foreign law does not recognize divorce or does so in a discriminatory way.

Who it affects

  • People convicted of domestic violence crimes: They face harsher penalties, including prison and loss of the right to own weapons.
  • Foreign nationals not legally resident in Spain convicted of crimes: Their prison sentence can be replaced by expulsion, with a 10-year ban on returning.
  • Victims of domestic violence: They get greater protection because the conduct is punished as a crime, not a minor offense.
  • Foreign women seeking divorce in Spain: They can fall under Spanish law if their national law prevents divorce or is discriminatory.
  • Victims of human smuggling: Those responsible face higher prison sentences.

Words worth knowing

Reincidencia
Committing a crime again after having been convicted of previous crimes.
Pena superior en grado
Raising the penalty above the legal maximum, following the rules of the Criminal Code.
Falta
A minor criminal offense, punished more lightly than a crime (delito).
Patria potestad
The set of rights and duties parents have over their minor children.
Centro de internamiento
A facility where foreign nationals are held pending expulsion, with judicial authorization.

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.

  1. Introduced14 March 2003Someone registers the text in the Congreso.
  2. Admitted17 March 2003The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments21 March 2003Groups propose changes.
  4. Committee9 April 2003A committee goes through the text in detail.
  5. Plenary17 June 2003All 350 deputies vote.
  6. Senate26 June 2003The Senate can pass it, amend it or veto it.
  7. BOE17 September 2003It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Mar 2003Apr 2003May 2003Jun 2003Jul 2003Aug 200311. 14 March 2003: Presentación22. 17 March 2003: Comisión de Justicia e Interior Publicación desde 17/03/2003 hasta 21/03/200333. 17 March 2003: Calificación44. 21 March 2003: Comisión de Justicia e Interior Enmiendas desde 21/03/2003 hasta 06/05/200355. 8 April 2003: Comisión de Justicia e Interior Mesa - Calificación desde 08/04/2003 hasta 08/04/200366. 9 April 2003: Comisión de Justicia e Interior Debate de totalidad desde 09/04/2003 hasta 09/04/200377. 6 May 2003: Comisión de Justicia e Interior Informe desde 06/05/2003 hasta 27/05/200388. 27 May 2003: Comisión de Justicia e Interior Dictamen desde 27/05/2003 hasta 17/06/200399. 17 June 2003: Pleno Aprobación desde 17/06/2003 hasta 26/06/20031010. 26 June 2003: Senado desde 26/06/2003 hasta 17/09/20031111. 17 September 2003: Concluido - (Aprobado con modificaciones) desde 17/09/2003 hasta 23/10/2003

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:

Published in the BOE: Organic Law 11/2003, of 29 September, on specific measures in matters of public safety, domestic violence, and social integration of foreigners.

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.

Read the full method · Report an error