Reform of the Criminal Code: new penalties, crimes and corporate liability

Automatic summary, not yet reviewed

1. It creates supervised release (libertad vigilada), a security measure served after leaving prison in very serious cases, such as sexual offenses against minors and terrorism. It can last from five to ten years and includes obligations such as reporting to the judge, wearing a tracking device or staying away from the victim.
2. Companies can be criminally convicted for offenses committed on their behalf or for failing to control their employees. Penalties include fines, dissolution, suspension of activities, closure of premises, bans on activities, disqualification from public contracts or aid, and judicial intervention.
3. It creates the offenses of criminal organization and criminal group, replacing the old offense of unlawful association. Promoting, leading or joining these groups is punished, with harsher penalties for organizations than for groups.
4. It separates human trafficking from clandestine immigration and makes it a standalone offense in the new Article 177 bis. Trafficking victims are exempt from punishment for offenses they committed as a direct result of the exploitation they suffered.
5. It strengthens legal protection of minors: it creates the chapter on sexual abuse and assault of children under thirteen, punishes online grooming to arrange meetings with minors, and allows removal of parental rights as a penalty.
6. It expands forfeiture of assets derived from crime, especially in criminal organizations and terrorism. Assets disproportionate to the legal income of those convicted are presumed to come from criminal activity.
7. It toughens the response to repeated petty theft: a person who commits several theft offenses may serve permanent location penalties on weekends in a prison. It also punishes using other people's cards or card data to defraud.
8. It raises the minimum statute of limitations for crimes to five years and declares terrorism offenses that caused a death exempt from any time limit. It also sets detailed rules for interrupting the limitation period when proceedings target a specific person.

Who it affects

• People convicted of serious crimes, such as sexual offenses or terrorism: They may serve supervised release after prison and face limits on moving to an open prison regime.
• Companies and organizations: They can be criminally convicted and face fines, dissolution, suspension of activities or disqualifications.
• Minors and their families: Greater legal protection against sexual abuse, online grooming and exploitation, and possible removal of parental rights.
• Drivers: Penalties change for driving far over the speed limit, drunk or without a license, and the vehicle can be treated as an instrument of the crime.
• Crime victims: They can sue in civil court against convicted persons who profit from their crimes in the media; the Public Prosecutor can also act.

Words worth knowing

Libertad vigilada (supervised release)

A security measure imposed by the judge after prison: the convicted person remains under judicial control with obligations and prohibitions.

Patria potestad (parental authority)

The set of rights and duties parents have over their minor children.

Comiso (forfeiture)

Loss to the State of assets, gains or instruments related to the crime.

Prescripción del delito (statute of limitations)

The period after which a crime can no longer be prosecuted or punished.

Localización permanente (permanent location)

A penalty requiring the person to stay at home or at a place set by the judge during set periods.

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