JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following organic law.

PREAMBLE

I

The social evolution of an advanced democratic system such as the one that the Spanish Constitution configures determines that the legal order is subject to a constant process of revision. The progressive conquest of higher levels of welfare is not conceivable, in a legal framework of respect for fundamental rights, without a parallel advance in the area of freedom and security, indissolubly united pillars of the concept itself. of the rule of law.

In this context, the present reform is framed in the confluence of several coordinates that explain both its relative extent and the variety of issues that are addressed.

On the one hand, Spain has contracted international obligations, especially in the area of European legal harmonisation, which require adaptations-sometimes of considerable draught-of our penal rules. On the other hand, the application experience of the Code has revealed some shortcomings or deviations that need to be addressed. And, finally, the changing social reality determines the emergence of new issues to be addressed. Without forgetting that the numerous and sometimes accelerated changes introduced in the original architecture of the 1995 text have produced some effects of distortion or incongruity in need of correction.

This is all about responding to this Law, in the terms that follow.

II

In the context of amending circumstances of criminal liability it has been considered appropriate to grant a legal letter of nature to the mitigating circumstance of undue delays. It is necessary for their assessment that the delay in processing is of an extraordinary nature, that it is not proportionate to the complexity of the case and that it is not attributable to the conduct of the accused himself. In this way the fundamental elements of the jurisprudence of the Supreme Court are collected, which has constructed this circumstance as attenuating by analogy.

III

In accordance with the principles guiding the reform, the amendment to Article 36 is appropriate. In this way, for the cases of custodial sentences of more than five years, the requirement to comply with at least half of the sentence before obtaining the third-degree classification is established in the case of crimes committed against the freedom and sexual indemnity of children under the age of 13, offences relating to terrorist organisations and groups and terrorist offences, as well as offences committed within an organisation or criminal group. This amendment, which is deemed appropriate for these groups of extreme gravity offences, is considered to be unnecessary as a general scheme for all offences punishable by imprisonment of more than five years. For this reason, the automatism has been eliminated so far, introducing a more flexible mechanism that allows judges and courts to adjust the criminal responsibility to the seriousness of the event and the personality of the offender. Thus, the remodelling of the so-called "security period" guarantees the overriding constitutional purpose of the sentence, the resocialization, without any other party's detriment in the persecution by the State of other legitimate ends of the same.

IV

It is clear, however, that in certain cases of particular gravity, this re-enabling effect of the penalty is difficult, in so far as it is not sufficient or adequate to exclude a high risk of recidivism.

The innocuous option, which would result in the unlimited and/or indiscriminate extension of the deprivation of liberty, obviously clashes with elementary principles of the criminal law that the Constitution protects. It is therefore necessary for such cases of special gravity to be expressly provided for, to consider other solutions which, without having to do so in the rehabilitative effort which must continue to inspire the treatment of penitentiary, will allow the constitutional requirements with other values that are not less worthy of protection, such as the security and freedom of the rest of the citizens, potential victims of the non-rehabilitated criminal that the prison system returns to society. Therefore, the retributive dimension of the penalty is exhausted, the remaining danger of the subject finds its correct answer in a security measure.

This is why this Law introduces, by means of partial modification and a slight reordering of Title IV of the First Book of the Criminal Code, a new measure called probation, which is naturally inserted in the These measures are designed to improve the quality of the safety measures, some of which are integrated and recast in this common concept (Article 106).

Thus, the probation is a measure of security that the Court imposes, in an optional or prescriptive manner, according to the law itself points out in each case, and whose content is concrete in a series of limitations, obligations, (a) prohibitions or rules of conduct, applicable separately or jointly, within the specific margins of duration which, where appropriate, result from the special part of the Code, intended not only for the protection of victims but also for the protection of victims; rehabilitation and social reintegration of the offender, which is the objective of the whole reform. And it can be modified, already in the phase of implementation, taking into account the evolution of the subject and by means of a simple procedure characterized by a reinforcement of the guarantee of contradiction, which reaches even the victims who are not part of the process.

The substantial novelty incorporating probation is that it is applicable not only when the individual's hazard prognosis relates to pathological states that have determined their unimputability or (a) semi-imputability, but also where the danger arises from the specific forecast of the taxable person in relation to the nature of the act committed, provided that the legislator himself expressly provides for it. In these cases, as is apparent from the new Article 106.2, the measure is not, for obvious reasons, to be established on the basis of an alternative to the term of imprisonment or for its prior execution, but is imposed in a judgment together with the custodial sentence. freedom to carry out post-release, and it will be done or not effective precisely according to that prognosis of danger, formulated when the time is approaching the death of the sentence and reconsidered later with cadence as an annual minimum (article 98.1).

It is important to emphasize that in the concretion of the content of the probation and in its eventual substitution, modification, suspension or cessation, both the Judge of Penitentiary Surveillance, duly informed by the penitentiary services, such as the Judge or Court of Sentencing to which it is appropriate to execute the court. The latter, for having tried, knows in greater detail certain circumstances of the case concurrent with the penitentiary of the subject, which can be decisive for the choice of the measure or measures in which it has the freedom to be monitored. Its duration, at last, is generally maintained for a maximum of five years, which is the one that has so far established the Code for non-custodial security measures that are recast under the concept of probation, but added, certainly thinking of this new post-prison modality, the possibility that the Penal Code itself will extend it to ten years (article 105.2), as, in fact, this same law provides for crimes against freedom and sexual indemnity and of terrorism.

V

In this line of evolution of the legal-penal response towards more operative formulas and better adapted to the current needs and social demands, the secular lack of alternative sentences to the short prison sentences of the Spanish system has motivated that this reform has chosen to give a greater role to the penalty of permanent localization. To this end, it is given a greater extent and content, although it has been thought that initially, although with a view to future enlargements, its scope will be reduced to the framework of the substitution of custodial sentences. To this end, the corresponding conversion module is articulated in Article 88.

Conversely, the permanent location, in the assumptions in which it is intended as the main punishment, may be the appropriate instrument to combat with greater rigour and effectiveness the assumptions of repetition of faults that have generated a special public insecurity in recent times. To these effects, constituting an infranqueable axiological limit the association to the lack of penalties of a slight character, and ruled out therefore the recourse to the genuine penalty of imprisonment, a proportionate and dissuasive response can be the fulfillment exceptional location of the permanent location in the penitentiary centre in the weekend and public holidays. It is a question of offering greater hardness in the response to the reiteration of the infringement that is compatible with the mild nature of the sanction, avoiding the deocializing effect of the regime of continuous compliance that characterizes the prison term proper.

As the new wording of Article 37 clarifies, it will be the concrete precepts of the Book III that give the judge the possibility of going to this exceptional regime of compliance. The present reform chooses to restrict its application to repeated violations of theft for a double reason. On the one hand, it is the assumption that, above all in the most important urban centres, it has generated the greatest public concern and it is the one that today really requires the adoption of this measure. On the other hand, the restriction of this mode of permanent location to a specific case will make it possible to take adequate advantage of the resources available in the prison system.

Reiteration is made dependent on the number of faults committed, and there has already been a conviction for all of them in a single process or in different processes. In cases of non-judgmental theft offences exceeding EUR 400, the final paragraph of Article 234 shall apply and the conduct shall be regarded as a criminal offence.

VI

To solve the interpretative problems that have arisen about the criminal procedure in which the time of temporary imprisonment for an imputed is to be paid, while at the same time serving a penalty of deprivation of Article 58 is amended to make it clear that in such cases it will only be paid for the time of imprisonment actually suffered in the settlement of the sentence relating to the penalty that it is serving.

VII

The criminal liability of legal persons is regulated in detail. There are many international legal instruments that demand a clear criminal response for legal persons, especially in those criminal figures where the possible intervention of the same becomes more evident (corruption in the private sector, in international commercial transactions, child pornography and prostitution, trafficking in human beings, money laundering, illegal immigration, attacks on computer systems ...). This liability may only be declared in those cases where it is expressly provided for.

In order to determine the liability of legal persons, a double track has been chosen. Together with the imputation of those crimes committed on their behalf or on their behalf, and for their benefit, by the persons who have the power of representation in them, the responsibility for those offences that have been caused by not having been exercised is added. the legal person due control over its employees, naturally with the necessary consideration of the circumstances of the specific case in order to avoid a merely objective reading of this rule of imputation.

It is clear that the criminal liability of the legal person may be declared irrespective of whether the criminal liability of the natural person can be or not be individualised. As a result, the current Article 31 (2) is deleted.

In this area, a catalogue of taxable penalties is given to legal persons, in addition to the so far referred to as ancillary consequences (dissolution, suspension of activities, closure of establishments ...)-, the fine for quotas and proportional and the disablement to obtain subsidies and public aid, to contract with the Public Administrations and to enjoy tax benefits and incentives or social security. The system clearly predominates in comparative law and in the Community texts which are the subject of transposition, according to which the fine is the common and general penalty for all cases of liability, with the result that the additional imposition of other, more stringent measures only for qualified persons who comply with the rules laid down in the new Article 66a. It also takes into account the possible fractionation of the payment of fines imposed on legal persons where there is a danger to the survival of those or the stability of jobs, as well as when the advise the general interest. In addition, the cases of mitigation of the liability of legal persons, including the admission of the offence to the authorities, the repair of damage and the establishment of effective measures for the purposes of prevent and discover crimes that may in the future be committed with the media or under the cover of the legal person.

In this paragraph, in order to prevent the criminal liability of legal persons from being circumvented by a covert or apparent dissolution or by its transformation, merger, absorption or division, forecasts are contained (a) specific cases where the apparent or covert dissolution is presumed to exist when the latter continues its economic activity and the substantial identity of customers, suppliers and employees is maintained, in cases where the criminal liability to the entity or entities in which it is transformed, merged or absorbed; and extending to the entity or entities to which the division takes place.

VIII

The transposition of Council Framework Decision 2005 /212/JHA of 24 February 2005 on the confiscation of products, instruments and property related to crime is of particular importance. As stated in the international instrument, the main objective of organised crime is the economic benefit and, consequently, the establishment of common rules concerning the monitoring, seizure and confiscation of the Crime products are a priority objective to achieve an effective fight against crime.

Therefore, the existing regulation of the committee has been completed by entrusting the judges and courts to agree on the effects, goods, instruments and profits from criminal activities committed in the framework of the of an organisation or a criminal group, or in the case of terrorist offences, irrespective of whether the latter are committed within an organisation or terrorist group, as provided for in Council Framework Decision 2002/475/JHA, on the fight against terrorism. To facilitate the measure, a presumption of the provenance of criminal activities is established when the value of the estate is disproportionate to the legal income of each and every person convicted of crimes committed in the bosom of the criminal organisation or group. In addition, judges and courts are empowered to agree to the commission when it is an imprudent crime that would lead to the imposition of a custodial sentence of more than one year in law.

IX

In the area of the prescription of crime, with the aim of increasing legal certainty, a detailed regulation of the institute has been chosen to put an end to the interpretative differences that have arisen in recent times. In order to carry out this task, special attention has been paid to the need to specify the timing of the interruption of the prescription, establishing that it occurs, with no effect on the elapsed time, when the the procedure is directed against a particular person who appears as criminally responsible. To understand that this occurs, at least, a material performance of the Judge Instructor is required.

Similarly, it has been considered necessary to address the problem of the effects that for the interruption of the prescription may have the filing of complaints or complaints and for this purpose is chosen to suspend the computation of the a prescription for a maximum of six months or two months, in the case of a crime or a lack thereof, provided that it is before a court and against a given person. If the court does not allow it to be processed or does not lead the procedure against the person who has been reported or wanted, the prescription period continues from the filing date. The computation will also continue if within these deadlines the Judge does not adopt any of the above resolutions.

The rethinking of the procedural regime of the prescription in the above terms also advises to review some aspects of its substantive regulation. Impunity due to the prescription of certain crimes punishable by non-excessive severity (scams, urban crimes, for example, or some crimes against the Public Administration), whose discovery and investigation may however It is extremely complex and long-standing, it has been in disrepute of the judicial system and the victims are directly injured. In this respect, the minimum period of limitation of five-year crimes is to be raised, thus eliminating the three-year period for which they have so far ruled for those who have been sentenced to imprisonment or less than three years.

The amendments to the limitation of the crime are supplemented by the declaration of the imprecibility of terrorist offences that have caused the death of a person. The foundation of the institution of the prescription is largely linked to the lack of need for the application of the penalty after the transfer of some time. The reform is based on this point where such a premise cannot be met in the face of criminal behaviour that features the characteristics of the type mentioned.

X

As a response to the increasingly widespread phenomenon of the sale of human organs and the call of various international forums to address their punishment, the procurement or illicit trafficking has been incorporated as a criminal offence. of human organs, as well as the transplantation of human organs. As early as 2004, the World Health Organization declared that the sale of organs was contrary to the Universal Declaration of Human Rights, urging doctors not to carry out transplants if they had suspicions that the organ had been sold. object of a transaction. Recently, at the International Summit on Transplant Tourism and Organ Trafficking held in May 2008, representatives from 78 countries agreed on the so-called "Istanbul Declaration", which states that such practices are violate the principles of equality, justice and respect for human dignity and must be eradicated. And, although our Penal Code already contemplates these conduct in the crime of injury, it is considered necessary to give a differentiated treatment to those activities by punishing all those who promote, favor, facilitate or publicize the obtaining or the illegal trafficking of foreign human organs or their transplantation. In this context, it has been considered that it should also be incriminated, with the possibility of moderating the penal sanction in the attention of the concurrent circumstances, to the recipient of the organ which, knowing its illicit origin, consents to the realization of the transplant.

XI

Within the crimes of torture and against moral integrity, the conduct of workplace harassment is incriminated, with the understanding of the psychological or hostile harassment in the framework of any work or work activity that humiliates to the suffering, imposing situations of grave offense to dignity. With this, all the harassment behaviors produced in the private legal relations as well as in the legal and public relations would be incorporated in the criminal type.

Likewise, to the thread of the proliferation, during the last decade, of harassing behavior in the housing sphere, the real estate harassment is also sanctioned. This is intended to protect the right to the enjoyment of housing by landlords or tenants in the face of attacks aimed at forcing some or others to abandon it in order to achieve, in most cases, speculative objectives. Different judicial pronouncements had revealed the difficulties that for the repression of these behaviors stemmed from the absence until the moment of a specific penal regulation of this phenomenon.

XII

The unified criminal treatment of human trafficking and illegal immigration offences contained in Article 318 bis was clearly inadequate in view of the large differences between the two countries. criminal phenomena. The separation of regulation from these two realities is essential both in order to comply with the mandates of international commitments and to put an end to the constant interpretative conflicts.

To carry out this objective, the creation of Title VII bis, called "Human Trafficking", is carried out. Thus, Article 177 bis defines a crime in which the protection of the dignity and freedom of the taxable persons who suffer them prevails. On the other hand, it is essential to point out that we are not dealing with a crime that can be committed exclusively against foreign persons, but that it will cover all forms of trafficking in human beings, national or transnational, or not organised crime.

In contrast, the crime of illegal immigration will always be transnational in nature, and in this case the defense of the state's interests in the control of migratory flows predominates.

In addition to the creation of Article 177 bis, and as a consequence of the need to provide internal coherence to the system, this restructuring of the rates has required the repeal of the rules contained in Articles 313.1. and 318 bis. 2.

XIII

In the field of sexual offences, together with the increase in the level of protection of victims, especially those that are more invalid, the need to transpose Council Framework Decision 2004 /68/JHA, of the European Parliament and of the Council, should be mentioned. 22 December 2003 on the fight against the sexual exploitation of children and child pornography. There is no doubt that in cases of sexual offences committed on minors the legal good to protect takes on a special dimension because of the greater content of the unjust that these behaviors present. They are also injured not only sexual indemnity, understood as the right not to be involved in a sexual context without a validly borrowed consent, but also the formation and development of the personality and sexuality of the less. This is why it is necessary to incorporate, in Title VIII of Book II of the Penal Code, Chapter II bis called "From abuse and sexual assault to children under the age of thirteen". On the other hand, the extension of the use of the Internet and the information and communication technologies for sexual purposes against minors has evidenced the need to punish criminally the behaviors that an adult person develops to through such means to win the trust of minors in order to arrange meetings to obtain concessions of a sexual nature. Therefore, a new Article 183a is introduced by means of which the internationally known "child grooming" is regulated, further aggravated penalties are provided when the child's approach is obtained through coercion, intimidation or deception.

In the field of child prostitution and child pornography, the translation of the Framework Decision into our system determines the need to criminalize new behavior. It is the case of the recruitment of children to participate in pornographic performances, which is incorporated into the regulation in article 189.1. The same applies to the conduct of those who are involved in the participation of children in this type of show, whose incorporation is carried out in paragraph 1. (a) Article 189. In relation to the crime of prostitution, the conduct of the client is incorporated in those cases in which the sexual relationship is carried out with a minor or incapable person.

In order to complete the list of rules aimed at granting greater protection to minors, it is considered appropriate to create the penalty of deprivation of the motherland or similar institutions provided for in the civil legislation of the Autonomous Communities, which is included in the catalogue of custodial penalties provided for in Article 39, the content of which is set out in Article 46. This new penalty shall be of the principal character in the cases referred to in Article 192 and the penalty for ancillary penalty in accordance with Articles 55 and 56, where the rights deriving from the fatherland have a relationship direct to the offence committed.

XIV

In the context of so-called computer crimes, to complete Framework Decision 2005 /222/JHA of 24 February 2005 on attacks against information systems, it has been resolved to incardinate These are two separate paragraphs, as they are different legal goods. The first, relating to damages, where they would be included to damage, impair, alter, delete or make inaccessible data or other computer programs, as well as hinder or disrupt the operation of a system Foreign computer. The second paragraph refers to the discovery and disclosure of secrets, where access without authorisation would be understood to be in breach of security measures for data or software contained in or in part of a system.

XV

Among the scams described in Article 248 of the Penal Code, whose catalogue at the time had already increased with computer fraud, it has been necessary to incorporate the increasingly widespread mode of defrauding using the external cards or the data in them, thereby performing operations of any kind to the detriment of the holder or of a third party.

The system of specific qualifications or aggravation of the scam has been posing interpretative problems in the practice, as it gives rise to overlapping of double legal assessments on the same elements of the done, which is particularly evident when it comes to the mode of use of check, pagare, blank change letter or fictitious currency business-which, moreover, can be confused with some form of documentary falsehood-which are, in turn, instrument and materialization of the deception, and not something to be assumed to the defraudatory ruse, for which reason your separate assessment is unnecessary.

XVI

In the crime of raising property, penalties have been aggravated in cases where the debt or obligation to circumvent is governed by public law and the creditor is a public legal person, as well as when they are present. certain circumstances, including the particular gravity, depending on the entity of the injury and the economic situation in which it leaves the victim or his family.

XVII

The penological aggravation operated by the Organic Law 15/2003, of 25 November, in the field of crimes relating to intellectual and industrial property has evidenced a certain bankruptcy of the necessary proportionality of the In the case of behavior consistent with the small scale sale of fraudulent copies of works covered by such rights, especially when the authors of this type of behavior are often people in situations of poverty, sometimes used by criminal organisations, which with such acts aim to achieve minimum income subsistence. Therefore, by adding a second subparagraph to Article 270 (1) and by amending Article 274 (2), for those cases of retail distribution of minor importance, the characteristics of the culprit and the small amount of the the economic benefit obtained by the latter, provided that none of the circumstances of aggravation that the Penal Code itself provides for, is chosen to indicate penalties of fine or works for the benefit of the community. In addition, in such cases, where the benefit does not reach EUR 400, the conduct shall be punishable as missing.

XVIII

Having regard to Council Directive 2003/06 of 28 January 2003 on insider dealing and market manipulation, reforms have been carried out in the field of criminal offences relating to the market and consumers. Thus, the so-called investor scam is incorporated as a criminal figure, incriminating the managers of securities companies traded on the securities markets which distorts information about their resources, activities and activities. (i) businesses present and/or futures, and thus manage to attract investors or obtain loans or loans.

Similarly, the dissemination of news or rumors about companies offering false data to alter or preserve the price of a financial instrument and the conduct of those using information is punished. (a) to carry out transactions or orders of operation which provide, or may provide, false or misleading indications as to the supply, demand or price of financial instruments, or to ensure, in concert with other persons, the the price of one or more financial instruments at an abnormal or artificial level, as well as the concert to secure a dominant position on the supply or demand of a financial instrument.

XIX

Another important aspect of the reform is the transposition of Framework Decision 2003 /568/JHA on the fight against corruption in the private sector. The idea of force in this area is that the guarantee of fair and honest competition goes through the repression of acts aimed at corrupting the administrators of private entities in a similar way to what is done through the crime of co-fact. Because with these behaviors, which exceed the sphere of the private, the rules of good functioning of the market are broken. The importance of the problem is great if it is reassessed in the impact that business decisions can have, not only for their immediate protagonists, but for many others. Obviously, public companies or private companies that provide public services will be subject to the criminal discipline of the co-fact by obviating, by legal will, the formal status of an official who must have at least one of the parties.

It has been considered appropriate to criminalize the most serious conduct of corruption in sport. In this sense, all the bribes carried out by the members and collaborators of sports entities as well as by the athletes, referees or judges are punished, aimed at predetermining or altering the deliberate and fraudulent way result of a test, meeting or sporting competition, provided that they are of a professional nature.

XX

The crimes of land management and urban planning are the subject of reform in several respects. On the one hand, the heading of Chapter I of Title XVI of Book II is amended, in which the planning of the territory is explicitly defined as the subject of protection. On the other hand, improvements are introduced. Thus, the scope of typical behaviors is extended to illegal or clandestine works of urbanization, since these can have a greater impact on the territory than those of mere construction or construction, which they also usually precede. In order to avoid the consolidation of the proceeds of crime by the infringer, the system is perfected in respect of the penalty of fine, establishing, together with the already existing forecast of fine for daily quotas, the imposition of fine proportional to those cases where the benefit obtained by the offence was higher than the amount resulting from the application of that offence. In addition, it is specified that in any case the comiso of the proceeds from the crime will be available whatever the transformations that could have been experienced.

Regarding the crime of urban prevarication, the scope of the objects on which the prevaricating behavior can be projected with the inclusion of the "planning instruments", as well as that of the projects of the Separation and repair. And, as it was being demanded by the doctrine, a typical range is given to the concealment of illegal acts observed by the inspection and to the omission of inspections that were obligatory. In all of these cases, penalties are aggravated in relation to the seriousness of this type of conduct, and in addition to Article 320, the alternative between the prison sentence or the fine is to be abolished in order to prevent the officials and public have a privileged treatment.

XXI

The changes in environmental crimes are in line with the need to embrace elements of EU harmonisation in this area. In accordance with the obligations assumed, there is an aggravation of the penalties and the cases provided for in Directive 2008 /99/EC of 19 November on the protection of the environment are incorporated into Spanish criminal law. by criminal law.

XXII

Article 337 is technically refined, eliminating the requirement of the ensing, which made it difficult to apply the precept, in order to provide greater protection for domestic or protected animals. in the face of the ill-treatment caused by his death or seriously undermine his health.

XXIII

In the area of crimes against Public Finance and Social Security, there has been a hardening of the penalties to make them more appropriate and proportional to the seriousness of the conduct. Judges and courts are also expected to seek the assistance of the tax authorities for the execution of the penalty of fine and civil liability.

As far as subsidy fraud is concerned, the amount to be considered criminal is unifies in respect of the tax offence and it is established that for the determination of the amount defrauded will be taken as a reference in the year natural, which must be grants obtained for the promotion of the same eligible private activity, even if they come from different administrations or public entities.

XXIV

In the field of drug trafficking there are some adjustments in terms of penalties, in accordance with international standards, in particular Council Framework Decision 2004 /757/JHA of 25 October 2004 on the the establishment of minimum requirements for the constituent elements of offences and the penalties applicable in the field of illicit drug trafficking. In accordance with the punitive criteria marked by such a harmonised standard, the principle of proportionality of the penalty is reinforced by reconfiguring the relationship between the basic rate and the aggravated types of drug trafficking. The numerous specific aggravations contained in the Criminal Code in this area-also in accordance with the European guideline-continue to ensure an effective response to the conduct of those conduct which actually requires a especially firm reaction.

Furthermore, the provision contained in the Agreement of the Court of Justice of the Court of Justice of the Supreme Court of 25 October 2005 on the possibility of reducing the penalty for cases of limited use is also welcomed. entity, provided that none of the circumstances set out in Articles 369a, 370 and following are met.

In the same way, the ship's aggravation is more accurately specified, in which some problems of interpretation were detected, adding the term "vessel" in order to allow the inclusion of other types of vessels. commonly used in these crimes, such as semi-irrigated ones.

XXV

In the search for greater proportionality in the criminal legal response to certain acts of abstract danger, in particular in the field of road safety offences, it has been considered appropriate to reform the Articles 379 and 384 in a threefold sense. First of all, the prison sentence for both crimes is equated, as it is understood that there is no fundamental reason to justify the difference in the punitive response. On the other hand, the current dilemma between the prison sentence and the penalty of fine and works for the benefit of the community is eliminated, establishing the three types of penalties as alternatives. In this way, a higher degree of arbitration is granted to the judge when deciding on the imposition of any of the three penalties provided for, allowing the imprisonment, as the most serious, to be reserved for exceptional cases. On the other hand, exceeding the current system in which it is only foreseen for the case of the offence of Article 381, a new article 385 bis is introduced in which it is established that the motor vehicle or moped used in the events previewed in the Chapter shall be considered an instrument of the offence for the purposes of Articles 127 and 128.

Finally, in the case of the imposition of the prison sentence, in the case of the offences contained in Articles 379, 383, 384 and 385, the judges are granted the exceptional ability to reduce it to a degree in the light of the minor the risk entity and the other circumstances of the event.

XXVI

Reforms have also been addressed in areas such as the falsification of certificates, which must be added, in all its forms, to identity documents which have been transformed into a practice that is intolerable. extended. For easily understandable reasons, the criminal intervention extends to the traffic of false identity documents, as well as to the same conduct carried out in relation to identity documents belonging to another State of the European Union or of a third State if the objective is to use them in Spain.

Credit or debit cards also require your own protection against counterfeiting, for which purpose is specifically described such conduct referred to them or to travel checks. The proven frequency with which these criminal activities are discovered as their own criminal organizations forces the establishment of the corresponding repressive forecasts. The penal protection extends in turn to the traffic with these false instruments and their use and tenure in conditions that allow to infer their destination to the traffic, even if the falsification has not been intervened.

XXVII

There have been major changes in the crime of co-incident aimed at bringing our legislation into line with the international commitments made, in particular, to the Criminal Convention on Corruption of the Council of Europe of 27 January. 1999 and the Convention established on the basis of Article k.3 (2) (c) of the Treaty on European Union on the fight against acts of corruption involving officials of the European Communities or of the Member States of the European Union.

Based on what was established in these agreements, it was necessary to adapt the sentences, since it is necessary that at least in the serious cases, custodial sentences that can lead to extradition should be provided. To this is added the desirability of extending the concept of an official so that it also reaches the Community official and the foreign official in the service of another member country of the European Union.

Through the Organic Laws 3/2000 and 15/2003, the crime of corruption of foreign public official in international commercial transactions was incorporated into our Penal Code, in compliance with the Convention of the Organization for Economic Cooperation and Development (OECD) to Fight the Corruption of Foreign Public Agents in International Trade Transactions. In spite of this, it is true that the configuration of the penal type presents deficiencies that demand a new reform that, in a definitive manner, accommodates our internal law to the terms of the Convention, which compels us to give a new wording to the article 445 to ensure that, on the one hand, corruption conducts that are not sufficiently contemplated at present, as well as to regulate precisely the criminal liability of legal persons involved in this class of events.

XXVIII

The issue of jurisprudential pronouncements has demonstrated the inability of the current crime of illicit association to adequately respond to the different assumptions of criminal groups or organizations.

First and foremost, it proves the limited application of the current Article 515 of the Criminal Code, outside the cases of armed gangs or terrorist organisations-the setting up of such a crime as a demonstration of Abusive, devious or pathological exercise of the right of association enshrined in Article 22 of the Constitution, does not respond either to the letter or the spirit of this rule. The constitutional text declares the illegality of associations that pursue purposes or use means that are classified as a crime; where it is certainly not forced to deduce that any group of persons around a criminal activity can be considered as an association, and less still be assimilated to the exercise of a fundamental right, as suggested by the systematic location of the criminal law.

Organizations and criminal groups in general are not really "associations" that delineate, but groups of original and intrinsically criminal nature, lacking in many cases of form or legal appearance, or endowed with such an appearance with the exclusive purpose of hiding their activity and seeking their impunity. In addition, it should be pointed out that the inclusion of terrorist organizations in Article 515 of the Penal Code had created problems in the field of international cooperation because of the problems of compliance with the double requirement. Incrimination assumed the qualification of the terrorist organization as an illicit association.

In the knowledge, precisely, of the doctrinal controversy that arose around the systematic location of these penal types, it has finally been decided, in order to alter the structure of the current Penal Code as little as possible, by place them under Title XXII of the Book II, that is, in the context of crimes against public order. They are, unequivocally, taking into account the fact that the phenomenon of organized crime directly affects the very basis of democracy, as these organizations, apart from quantitatively multiplying the potential of the different criminal behaviors carried out within or through them, are characterized in the qualitative aspect by generating complex procedures and instruments specifically aimed at ensuring the impunity of their activities and their The Commission will be able to take the necessary measures to ensure that the Community's financial resources are available. in a false appearance in accordance with the law, altering to this end the normal functioning of the markets and the institutions, corrupting the nature of the legal businesses, and even affecting the management and the ability to action of the organs of the State.

Legal certainty, the effective validity of the principle of legality, the rights and freedoms of citizens, in short, the quality of democracy, thus constitute direct objectives of the destructive action of democracy. organisations. The criminal reaction to its existence is therefore at the very core of the concept of public order, understood to be in the meaning of a rule of law, that is to say, as an essential core of the preservation of the aforementioned. principles, rights and constitutional freedoms.

It should also be remembered that the case law concerning the crime of illegal association, as well as the one that has analyzed the occasional mentions that the current Penal Code makes to the criminal organizations (for example, in matter In the case of drug trafficking), it requires the verification of a structure with a vocation to remain, thus leaving out other similar phenomena widespread in the current society, sometimes extremely dangerous or violent, which do not meet these structural requirements. The need to respond to this reality leads to the definition, in parallel with the organizations, of which this Law calls criminal groups, defined in the new article 570 ter precisely by exclusion, that is, as forms of criminal concertation that do not fit the archetype of the aforementioned organizations, but they do bring a plus of criminal dangerousness to the actions of their components.

The structure of the new infringements responds to a similar scheme in both cases, organisations and groups, although on the one hand the penalties are more serious in the case of the former, whose more complex structure responds to the deliberate intent to constitute a qualitative and quantitatively greater threat to security and legal order, and on the other hand its different nature requires some differences in the description of typical actions.

Thus, in the case of criminal organizations, the new article 570 bis first typifies the basic conduct of constitution, direction and coordination, distinguishing in the case of committing serious crimes or other infractions. In addition, the Commission has been responsible for the implementation of the European Council of the European Union and the Council of the European Union, and the Council of the European Union. the characteristics of the organization and the type of crimes it has for the object.

The criminal groups are referred to in Article 570, matching the conduct of constitution of the same with the financing of their activity or the integration in them, but always distinguishing the punitive response to from the seriousness of the criminal offences they are trying to commit, in similar terms to those that govern the organisations, and with similar aggravations due to the characteristics of the group.

XXIX

According to it, another important new feature introduced by this law is a thorough reordering and clarification of the criminal treatment of terrorist acts, including the formation itself, integration or participation in terrorist organisations or groups, while incorporating some new developments that comply with the legislative obligations arising from Framework Decision 2008 /919/JHA.

The treatment of these organizations and groups moves to a new Chapter VII of Title XXII, taking advantage of this article 571, whose content is transferred to 572, which allows to constitute with that a section first dedicated to these organizations and groups, to maintain in the second the current crimes of terrorism. Thus, terrorist organizations and groups are located-for obvious reasons of conceptual proximity, in terms and for the reasons already explained-following the criminal organizations and groups, while unifying in the same chapter. of the Criminal Code the criminal reaction against all manifestations of terrorism.

In attention to the intrinsic gravity of terrorist activity, considered to be the greatest threat to the rule of law, as well as to the peculiar way of operating certain relatively recent terrorist groups or cells development at the international level, whose degree of autonomy is precisely an added factor of difficulty for identification and disarticulation, is chosen-unlike the scheme adopted in the previous chapter for the other criminal organizations and groups-to fully equate the punitive treatment of groups The same criminal response, which has been the case for the past, has been given by the case-law.

In accordance with the guidelines set out in the aforementioned Framework Decision, Article 576 adds a number 3 which extends the concept of collaboration with a terrorist organization or group, assimilating them to conduct that has so far been Some difficulties of legal lace are offered: thus the timely punitive response to the action of the groups or cells-and even of the individual behaviors-is offered that have as their object the capture, the indoctrination, the training or the training of terrorists. In the same vein as the European harmonisation legislation, the first paragraph of Article 579 sets out the conduct of distribution or public dissemination, by any means, of messages or slogans which, without necessarily being Resolutions manifested as a crime (this is, provocation, conspiracy or proposition for the realization of a concrete criminal action) have been credited as undeniably suitable means to generate the breeding ground in which, in an instant The Commission is not yet to be able to make a decision on the matter. Framework Decision and the Council of Europe Convention on Terrorism, such conduct shall generate or increase a certain risk of committing a terrorist offence.

For its part, Article 576a, which had been void of content after its repeal by the Organic Law 2/2005 of 22 June, now goes on to collect the express classification of the crime of financing terrorism, which in addition complete, following the line drawn up in the field of money laundering, with the inclusion of the reckless conduct of the subjects especially obliged to collaborate with the Administration in the prevention of such funding.

In order to conclude this paragraph, and in accordance with the considerations that were made, the application to these subjects of the new post-prison measure of probation has been foreseen for a period of five to ten years, However, it may be excluded if, in the case of a single, isolated and non-serious offence committed by a primary offender, the Court's judgment is that the author is not in danger.

XXX

The rules for the development of the Rome Statute of the International Criminal Court, as well as the ratification by Spain of other instruments of International Humanitarian Law, including the Convention of 18 September 1997 (Ottawa Treaty) on the prohibition of the use, storage, production and transfer of anti-personnel mines and on their destruction, the United Nations Convention on the Safety of Personnel and the associated staff of 9 of December 1994, the Second Protocol of 26 March 1999 to the Hague Convention of 1954, on protection of cultural goods in the event of armed conflict and the Optional Protocol of 25 May 2000 to the 1989 Convention on the Rights of the Child concerning the participation of children in armed conflicts, The need to bring crimes against the international community in need.

It is important to highlight the special criminal protection afforded to women and children in armed conflicts by expressly punishing those who attack the sexual freedom of a protected person committing acts of rape, slavery sexual, induced or forced prostitution, forced pregnancy, forced sterilization or any other form of sexual assault, and those who recruit or encourage children under 18 years of age or use them to participate directly in such conflicts.

Finally, we proceed to the creation of a new crime of piracy within the Title dedicated to crimes against the international community. The reason for this reform lies in the need to respond to the problems of possible illegal acts against the safety of sea and air navigation, and it is formed by collecting the postulates of the Convention of Montego Bay of 10 of December 1982 on the Law of the Sea and the Convention on Maritime Navigation signed in Rome on 10 March 1988.

XXXI

Finally, among the reforms that are carried out during this amendment of the Penal Code is also included-in the line of protection of the victims of crimes that characterizes it-the introduction of a specific civil protection of the rights of these. Not infrequently, in recent times, the programming of the media has been accessed by the authors of criminal offences condemned by a firm sentence that come to show the criminal conduct perpetrated, spread data They are manifestly false about the same and thus obtain unjustifiable economic gain. Such behavior is against the dignity of those who have suffered the consequences of these acts and those close to them, who are subjected to a new traumatic experience derived from this public invasion of their honor and intimacy. Given the limitations of criminal law, it has been considered that the appropriate way to respond adequately to this phenomenon is to articulate an effective civil action which, in the framework of the Organic Law 1/1982, allows victims to act in the face of this type of conduct, urging its cessation, the redress of the moral damage caused, and the avoidance of any unjust enrichment resulting from this illegitimate interference. In addition, in order to strengthen the protection, it has chosen to legitimize the action of the Prosecutor's Office, while defending the rights of the citizens.

Single item. Amendment of the Organic Law 10/1995 of 23 November of the Penal Code.

First.

Circumstance 6. th of Article 21 becomes 7. th and a circumstance 6 is added with the following wording:

"6. The extraordinary and undue delay in the processing of the procedure, provided that it is not attributable to the defendant himself and that he does not keep proportion to the complexity of the cause."

Second.

Article 22 (4) is amended, which is worded as follows:

" 4. Ceter the offence for racist, anti-Semitic or other discrimination relating to the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which they belong, their sex, orientation or identity sexual, the disease you have or your disability. "

Third.

Article 31 (2) is deleted.

Fourth.

Article 31a is added, which shall have the following wording:

" 1. In the cases provided for in this Code, legal persons shall be criminally liable for the offences committed on behalf or on behalf of them, and for their benefit, by their legal representatives and administrators in fact or in law.

In the same cases, the legal persons will also be criminally responsible for the crimes committed, in the exercise of social activities and for the benefit of them, for those who are subjected to the the authority of the natural persons referred to in the preceding paragraph, have been able to carry out the facts because they have not exercised due control to the specific circumstances of the case.

2. The criminal liability of legal persons shall be enforceable provided that the commission of a crime has been found to have had to commit the charges or duties referred to in the previous paragraph, even if the person in question is (a) the person responsible has not been individualized or has not been able to conduct the proceedings against her. Where, as a result of the same facts, both the penalty penalty is imposed, the judges or courts shall modulate the respective amounts, so that the resulting sum is not disproportionate in relation to the severity of those amounts.

3. The concurrency, in persons who materially have made the facts or in which they have made them possible for not having exercised due control, of circumstances that affect the guilt of the accused or aggravating their responsibility, or the the fact that such persons are deceased or have been brought to the action of justice, shall not exclude or modify the criminal liability of legal persons, without prejudice to the provisions of the following paragraph.

4. The following activities may only be considered as mitigating circumstances of the criminal liability of legal persons, after the commission of the offence and through their legal representatives:

(a) Haber proceeded, before knowing that the judicial proceedings are directed against her, to confess the offence to the authorities.

b) Haber collaborated in the investigation of the fact by providing evidence, at any point in the process, that were new and decisive in order to clarify the criminal responsibilities of the facts.

c) Haber proceeded at any time in the procedure and prior to the oral judgment to repair or lessen the damage caused by the crime.

d) To have established, prior to the commencement of the oral trial, effective measures to prevent and uncover crimes that may in the future be committed with the media or under the cover of the legal person.

5. The provisions relating to the criminal liability of legal persons shall not apply to the State, the territorial and institutional authorities, the Regulatory Bodies, the Agencies and the Public Entities. Business, political parties and trade unions, international organizations governed by public law, or those other than public powers of sovereignty, administrative or in the case of State-owned commercial companies implement public policies or provide services of general economic interest.

In these cases, the courts may make a declaration of criminal liability in the event that they appreciate that this is a legal form created by their promoters, founders, administrators or representatives for the purpose of avoiding any criminal liability. "

Fifth.

Point (j) is added to paragraph 2, point (j) is amended and points (l) and (m) are added to paragraph 3, paragraph 4 (g) is amended and paragraph 7 is added to Article 33 with the following content:

" 2. These are serious penalties:

[...]

j) Deprivation of the homeland power. "

" 3. These are less severe penalties:

[...]

(j) The proportional fine, whatever the amount, except as provided for in paragraph 7 of this Article.

l) The permanent location of three months and one day to six months.

m) The loss of the possibility of obtaining grants or public aid and the right to enjoy tax or social security benefits or incentives, whatever their duration. "

" 4. They are mild penalties:

[...]

g) The permanent location from one day to three months. "

" 7. The penalties applicable to legal persons, which have all serious consideration, are as follows:

a) Multa by quotas or proportional.

b) Dissolution of the legal person. The dissolution will result in the definitive loss of its legal personality, as well as that of its ability to act in any way in the legal traffic, or to carry out any kind of activity, even if it is lawful.

(c) Suspension of its activities for a period not exceeding five years.

(d) Closing its premises and establishments for a period not exceeding five years.

e) Prohibition of carrying out activities in the future in which the offence has been committed, favoured or covered. This prohibition may be temporary or final. If it is temporary, the period may not exceed 15 years.

f) Disablement to obtain grants and public aid, to contract with the public sector and to benefit from tax or social security benefits and incentives, for a period that may not exceed fifteen years.

g) Judicial intervention to safeguard the rights of workers or creditors for as long as it is deemed necessary, which may not exceed five years.

The intervention may affect the entire organization or be limited to any of its facilities, sections or business units. The judge or tribunal, in the judgment or, subsequently, by order, will determine exactly the content of the intervention and determine who will take care of the intervention and within which deadlines it will have to carry out follow-up reports for the organ judicial. The intervention may be modified or suspended at any time after the financial controller and the Prosecutor's Office are informed. The financial controller shall have the right to access all the premises and premises of the undertaking or legal person and to receive any information deemed necessary for the performance of his duties. Regulations shall determine the aspects relating to the exercise of the function of the financial controller, such as the necessary remuneration or qualification.

The temporary closure of the premises or establishments, the suspension of social activities and the judicial intervention may also be agreed by the Judge Instructor as a precautionary measure during the instruction of the cause. "

Sixth.

Article 36 (2) is amended, which is worded as follows:

" 2. Where the duration of the sentence imposed is longer than five years, the Judge or Court may order that the classification of the sentenced person in the third degree of prison treatment shall not be carried out until the end of the sentence imposed.

In any case, where the duration of the sentence imposed is greater than five years and the offences listed below, the classification of the sentenced person in the third degree of prison treatment is not may be performed until the completion of half of the same:

(a) Crimes concerning terrorist organizations and groups and terrorist offences of Chapter VII of Title XXII of Book II of this Code.

b) Crimes committed within an organization or criminal group.

c) Offences of Article 183.

d) Chapter V of Title VIII of Book II of this Code, where the victim is less than thirteen years old.

The Judge of Surveillance, prior to the individualized and favorable prognosis of social reinsertion and valuing, where appropriate, the personal circumstances of the inmate and the evolution of the reeducator treatment, may agree with reason, ears the Prosecutor's Office, Penitentiary Institutions and other parties, the application of the general compliance regime, except in the cases referred to in the preceding paragraph. '

Seventh.

Paragraph 1 is amended and paragraph 4 is added to Article 37, which are worded as follows:

" 1. The permanent location will last up to six months. Their compliance requires the penalty to remain at their home or in place determined by the Judge in judgment or subsequently in a self-motivated order.

However, in cases where the permanent location is intended as a principal penalty, taking into account the reiteration in the commission of the infringement and provided that the applicable precept concrete is expressly provided for, The Judge may agree in a sentence that the permanent location shall be served on Saturdays, Sundays and public holidays in the prison nearest to the home of the penalty.

4. In order to ensure effective compliance, the Judge or Court may agree to use mechanical or electronic means to enable the location of the inmate. "

Eighth.

Point (j) is added to Article 39, which is worded as follows:

These are proprietary penalties:

[....]

"j) Deprivation of the homeland power."

Ninth.

Article 46 is amended, which is worded as follows:

" The special disablement for the exercise of the fatherland power, guardianship, curatela, guardian or reception, deprives the penalty of the rights inherent to the first, and supposes the extinction of the others, as well as the incapacity for obtain appointment for such charges during the time of the conviction. The penalty of deprivation of the parental rights implies the loss of the ownership of the same, subsisting the rights of those who hold the child in respect of the penalty. The Judge or Court may agree to these penalties for all or any of the minors or those who are unable to be in charge of the penalty, in consideration of the circumstances of the case.

For the purposes of this article, the parental authority includes both the regulated civil code, including the extension, and the similar institutions provided for in the civil legislation of the Autonomous Communities. "

Tenth.

Article 48 (1) is amended, which is worded as follows:

" 1. The deprivation of the right to reside in certain places or to go to them prevents the criminal from residing or going to the place where he or she has committed the offence or is missing, or to the place where the victim or his family resides, if they are different. "

11th.

The first paragraph of Article 49 is amended, which is worded as follows:

" Work for the benefit of the community, which cannot be imposed without the consent of the penalty, requires it to provide its non-paid cooperation in certain public utility activities, which may consist of the relationship with offences of a similar nature to that committed by the penalty, in the repair of damage caused or in support or assistance to the victims, as well as in the participation of the penalty in workshops or training or re-education programmes, work, cultural, road, sex education and similar. Their daily life shall not exceed eight hours and their conditions shall be as follows: "

12th.

Article 50 (3) and (4) are amended, which are worded as follows:

" 3. Its minimum extension will be ten days and the maximum of two years. The penalties for fine legal persons shall be for a maximum of five years.

4. The daily fee shall be at least two and a maximum of EUR 400, except in the case of taxable fines for legal persons, in which the daily fee shall be at least 30 and a maximum of EUR 5 000. For the purposes of computation, when the duration is fixed for months or years, the months shall be understood to be thirty days and the years of three hundred and sixty. "

13th.

A paragraph 4 is added to Article 52 with the following wording:

" 4. In cases where this Code provides for a penalty of fine for legal persons in proportion to the benefit obtained or provided, to the damage caused, to the value of the object, or to the amount defrauded or unduly obtained, if the calculation on the basis of such concepts, the Judge or the Court shall give reasons for the failure to carry out such calculation and the fines provided for are replaced by the following:

a) Multa from two to five years, if the offence committed by the natural person has a prison term of more than five years.

b) Multa from one to three years, if the offence committed by the natural person has a prison term of more than two years not included in the previous paragraph.

c) Multa from six months to two years, in the rest of the cases. "

14th.

A paragraph 5 is added to Article 53 with the following wording:

" 5. The payment of the fine imposed on a legal person may be broken for a period of up to five years where the amount of the fine is likely to endanger the survival of that person or the maintenance of the existing jobs in the itself, or when the general interest is advised. If the convicted legal person does not, on a voluntary basis or by way of a prize, satisfy the fine imposed within the period prescribed, the Court may decide to intervene until full payment of the fine. "

15th.

Article 55 is amended, which is worded as follows:

" The sentence of imprisonment equal to or greater than ten years shall lead to absolute disablement during the time of the sentence, unless it is already provided for as the principal penalty for the case in question. The Judge may also have the special disablement for the exercise of the fatherland power, guardianship, curatelle, guardian or reception, or the deprivation of the fatherland power, when these rights have been directly related to the crime task. This binding must be expressly determined in the judgment. "

sixteenth.

Article 56 (1), paragraph 1, is amended and read as follows:

" 1. In terms of imprisonment of less than ten years, judges or courts shall impose, on the basis of the seriousness of the offence, as ancillary penalties, some or some of the following:

[...]

3. Special disablement for employment or public office, profession, trade, industry, commerce, exercise of the fatherland power, guardianship, curatelle, guardian or other right, the deprivation of the homeland power, if these rights have been directly related to the offence committed, it must be expressly determined in the judgment to be linked, without prejudice to the application of the provisions of Article 579 of this Code. "

17th.

Article 58 (1) is amended, which is worded as follows:

" 1. The time of deprivation of liberty temporarily suffered shall be paid in full by the Judge or Court of Sentencing for the execution of the penalty or penalties imposed in the case where such deprivation was agreed, except as soon as there are (a) the right of the person to whom he or she has been paid or who is liable to pay the penalty. In no case will the same period of deprivation of liberty be paid in more than one cause. "

Eighteenth.

A new article 66 bis is added, which will have the following wording:

" In the application of the penalties imposed on legal persons, the provisions of Rules 1. to 4. and 6. to 8. of the first number of Article 66, as well as to the following:

1. In the cases where they are established by the provisions of Book II, in order to decide on the imposition and extension of the penalties provided for in Article 33 (7) (b) to (g), the following shall be taken into account: Account:

a) Your need to prevent the continuation of criminal activity or its effects.

b) Its economic and social consequences, and especially the effects for workers.

c) The position that in the structure of the legal person occupies the natural person or organ that failed the duty of control.

2. Where the penalties provided for in Article 33 (7) (c) to (g) are imposed with a limited duration, the duration may not exceed the maximum duration of the custodial sentence provided for in the case of the crime was committed by a natural person.

For the imposition of the penalties provided for in points (c) to (g) for a period exceeding two years, it shall be necessary to take either of the following two circumstances:

a) That the legal person is a repeat offender.

b) That the legal person be used instrumentally for the commission of criminal offences. It shall be understood that the latter is the case where the legal activity of the legal person is less relevant than its illegal activity.

For the permanent imposition of the penalties provided for in points (b) and (e), and for the imposition by a period of more than five years of the penalties provided for in Article 33 (7) (e) and (f), required to be either of the following two circumstances:

(a) That the event is referred to as a fact provided for in Rule 5 (1) of the first issue of Article 66.

b) That the legal person be used instrumentally for the commission of criminal offences. It shall be understood that the latter is the case where the legal activity of the legal person is less relevant than its illegal activity. '

Nineteenth.

Article 83 (1), point 5, which is worded as follows, is amended as follows:

"5. To participate in educational, labor, cultural, road education, sexual, environmental protection, animal protection, and similar programs."

20th.

The first and third paragraphs of Article 88 (1) are amended, which are worded as follows:

" 1. The judges or courts may, after hearing the parties, replace in the same judgment, or subsequently in a reasoned order, before the commencement of their execution, the prison sentences not exceeding one year for fine or for work for the benefit of the community, and in the case of prison sentences not exceeding six months, also for permanent location, even if the law does not provide for such penalties for the offence in question, where the personal circumstances of the prisoner, the nature of the event, their conduct and, in particular, the effort to repair the damage caused thereby, provided that they do not In the case of regular prisoners, each day of imprisonment is replaced by two fines or one working day or one day of permanent location. In such cases, the Judge or Court may further impose upon penalty the observance of one or more obligations or duties provided for in Article 83 of this Code, if it has not been established as penalties in the judgment, for a period which may not exceed the duration of the replaced penalty.

[...]

In the event that the inmate has been convicted of a crime related to gender-based violence, the prison sentence can only be replaced by that of works for the benefit of the community or permanent location instead of different and separate from the victim's home. In these cases, the Judge or the Court shall additionally impose, in addition to the subjection to specific programmes of reeducation and psychological treatment, the observance of the obligations or duties provided for in the first and second of the first paragraph of Article 2 (1) of the Treaty. Article 83 of this Code. "

Twentieth first.

Article 89 is amended, which is worded as follows:

" 1. Custodial sentences of less than six years imposed on a foreigner who is not legally resident in Spain shall be replaced in the judgment by his expulsion from the Spanish territory, unless the Judge or the Court, after hearing the penalty, of the The Ministry of Public Health and the Public Prosecutor's Office, in a motivated manner, appreciates the reasons for the fulfillment of the sentence in a prison in Spain.

The expulsion may also be agreed upon after hearing the penalty, from the Prosecutor's Office and from the other parties.

2. The foreigner may not return to Spain within five to ten years, counted from the date of his expulsion, the duration of the sentence replaced and the personal circumstances of the penalty.

3. The expulsion will take with them the file of any administrative procedure that would have as object the authorization to reside or to work in Spain.

4. If the expelled foreigner returned to Spain before the time period established judicially, he will serve the sentences that were replaced. However, if he is caught at the border, he will be expelled directly by the governmental authority, starting to take back the deadline for the entry ban in his entirety.

5. The judges or courts, at the request of the Prosecutor's Office and after hearing of the penalty and of the parties, shall agree in a judgment, or during their execution, the expulsion of the national territory of the alien who is not legally resident in Spain, he must comply with or be in compliance with any custodial sentence, in the event that he has acceded to the third degree of imprisonment or served three-quarters of the sentence, except that after hearing the Ministry of Public Health and The reasons for the compliance in Spain are justified.

6. Where, when the expulsion is agreed upon in any of the cases provided for in this Article, the alien is not in fact or is not effectively deprived of freedom in execution of the sentence imposed, the Judge or Court may agree, in order to ensure expulsion, entry into an internment center of foreigners, in terms and with the limits and guarantees provided for in the Law for the expulsion of the native.

In any event, if the substitution of the custodial sentence for expulsion is agreed upon, it cannot be carried out, the execution of the sentence originally imposed or the period of conviction pending, or the application, where appropriate, of the suspension of the execution of the same or its replacement in the terms of Article 88 of this Code.

7. The provisions laid down in the preceding paragraphs shall not apply to foreigners who have been convicted by the commission of offences referred to in Articles 312, 313 and 318 bis of this Code. "

Twenty second.

Article 96 (3) is amended, which is worded as follows:

" 3. They are non-custodial measures:

1.) Professional disablement.

2.) The expulsion of the national territory of foreign nationals not legally resident in Spain.

3.) The probation

4.) Family custody. This measure will be subject to the care and supervision of the family member who is appointed and who accepts custody, who will exercise her in relation to the Judge of Penitentiary Surveillance and without prejudice to the school or work activities of the family. guarded.

5.) Deprivation of the right to drive motor vehicles and mopeds.

6.) The deprivation of the right to the possession and possession of weapons. "

Twenty-third.

Article 97 is amended, which is worded as follows:

" During the execution of the judgment, the Judge or Court of Sentencing shall, in accordance with the procedure laid down in the following Article, adopt any of the following decisions:

a) Maintain the execution of the imposed security measure.

b) Decrees to cease any security measures imposed as soon as the subject's criminal dangerousness disappears.

(c) Replace a security measure with another measure which it considers to be more appropriate, among those envisaged for the case in question. In the event that the substitution is agreed and the subject will evolve unfavourably, the substitution will be left without effect, becoming applied to the replaced measure.

(d) to suspend the execution of the measure in order to pay attention to the result already obtained with its application, for a period not exceeding that which is up to the maximum indicated in the judgment which imposed it. The suspension shall be conditional on the subject not being committed within the time limit set, and may be left without effect if any of the circumstances provided for in Article 95 of this Code are again proven. "

Twenty-fourth.

Article 98 is amended, which is worded as follows:

" 1. For the purposes of the foregoing Article, in the case of a measure of security deprivation of liberty or of a measure of probation which must be enforced after the completion of a custodial sentence, the Judge of Penitentiary Surveillance shall be obliged to raise at least annually a proposal for the maintenance, cessation, replacement or suspension of the proposal. In order to formulate such a proposal, the Judge of Penitentiary Surveillance must assess the reports issued by the doctors and professionals who attend the subject of security or by the competent public authorities and, where appropriate, the the result of other actions ordered for this purpose.

2. In the case of any other non-custodial measure, the Judge or the Court of Justice shall seek directly from the authorities, powers and professionals referred to in the preceding paragraph, the appropriate reports on the the situation and the development of the sentenced person, his degree of rehabilitation and the prognosis of reoffending or repeated criminal offences.

3. In any event, the Judge or the Court of Auditors shall give a reasoned decision in the light of the proposal or the reports referred to in the previous two paragraphs, or the person himself subject to the measure, and the Ministry of Public Prosecutor's Office. and the other parts. Victims of the offence who are not persons shall also be heard where they have been requested at the beginning or at any time of the execution of the sentence and remain to be located for that purpose. '

Twenty-fifth.

Article 100 (3) is amended, which is worded as follows:

" 3. In both cases, the Judge or Court shall bear witness to the breach. For these purposes, the refusal of the subject to undergo medical treatment or to continue an initially consented medical treatment shall not be considered to be broken. However, the Judge or the Court may agree to replace the initial treatment or subsequently be rejected by another measure from among those applicable to the case in question. "

Twenty-sixth.

Article 103 (3) of the Criminal Code is amended, which is worded as follows:

" 3. In this case, the proposal referred to in Article 98 of this Code must be made at the end of each course or degree of education. "

Twenty-seventh.

Article 105 is amended, which is worded as follows:

" In the cases provided for in Articles 101 to 104, when imposing the custodial measure or during the execution of the measure, the Judge or Court may reasonably impose one or more of the measures listed in the continuation. It shall also impose some or some of those measures in the other cases expressly provided for in this Code.

1. For a time not exceeding five years:

a) Watch Freedom.

b) Family Custody. This measure shall be subject to the care and supervision of the family member who is appointed and who accepts custody, who shall exercise such care in relation to the Judge of Surveillance and without prejudice to the school or work activities of the guard.

2. For a time of up to ten years:

(a) Probation, when expressly provided by this Code.

b) Deprivation of the right to the possession and possession of weapons.

c) Deprivation of the right to drive motor vehicles and mopeds.

To decree the obligation to observe some or some of the measures provided for in this article, as well as to concretize this obligation when by law it is obliged to impose them, the Judge or Court of judgment will have to assess the reports issued by the practitioners and professionals responsible for assisting the subject to the security measure.

The Prison Surveillance Judge or the services of the corresponding Administration shall inform the Judge or Court of judgment.

In the cases provided for in this Article, the Judge or Court of Auditors shall provide that the competent social assistance services shall provide the aid or care which it requires and which is legally appropriate for the subject of the non-custodial security. "

Twenty-eighth.

Article 106 is amended, which is worded as follows:

" 1. The probation shall consist of the submission of the sentenced person to judicial review through compliance with his or her part of some or some of the following measures:

(a) The obligation to be always able to be located by electronic devices that allow permanent monitoring.

(b) The obligation to appear periodically at the place the Judge or Court establishes.

(c) The right to communicate immediately, within the maximum period and by the means that the Judge or Court points to that effect, each change in the place of residence or place or place of work.

(d) The prohibition of being absent from the place where it resides or of a certain territory without the authorization of the Judge or Court.

e) The prohibition of approaching the victim, or those of his or her family members or other persons determined by the Judge or Court.

f) The prohibition to communicate with the victim, or with those of his or her family members or other persons determined by the Judge or Court.

g) The prohibition of going to certain territories, places or establishments.

h) The ban on residing in certain places.

i) The prohibition to carry out certain activities that may offer or facilitate the occasion to commit criminal acts of a similar nature.

j) The obligation to participate in training, work, cultural, sex education or similar programs.

k) The obligation to follow external medical treatment, or to undergo periodic medical control.

2. Without prejudice to the provisions of Article 105, the Judge or the Court shall impose in the judgment the measure of freedom to be monitored for compliance after the custodial sentence imposed, provided that this is expressly provided for in this Article. Code.

In these cases, at least two months before the extinction of the custodial sentence, so that the measure of probation can be initiated at the same time, the Judge of Penitentiary Surveillance, by the procedure Article 98 shall bring the appropriate proposal to the Judge or the Court of Auditors, which, in accordance with that procedure, shall, without prejudice to Article 97, specify the content of the measure by laying down the obligations or prohibitions listed in paragraph 1 of this Article to be observed by the sentenced person.

If this has been the case for a number of custodial sentences to be served successively, the provisions of the preceding paragraph shall be construed as referring to the time when the compliance of all of them is completed.

Likewise, the penalty to whom has been imposed for various crimes other measures of probation that, given the content of the obligations or prohibitions established, cannot be executed simultaneously, the comply in a succession manner, without prejudice to the ability of the Judge or Court to exercise the powers conferred on it by the following paragraph.

3. By the same Article 98 procedure, the Judge or Court may:

(a) amend the obligations and prohibitions imposed in the future.

b) Reduce the duration of probation or even end it in view of the positive reinsertion prognosis that the continuity of obligations or prohibitions deems unnecessary or counterproductive imposed.

(c) To leave the measure without effect when the circumstance described in the above letter is given at the time of completion of the measures set out in paragraph 2 of this Article.

4. In the event of failure to comply with one or more obligations, the Judge or Court may, in the light of the circumstances of the case and by the same procedure indicated in the earlier numbers, amend the obligations or prohibitions imposed. If the non-compliance is repeated or serious, revealing the will not to be subject to the obligations or prohibitions imposed, the Judge shall, in addition, testify for an alleged offence in Article 468 of this Code. "

Twenty-ninth.

A paragraph 3 is added to Article 116, which will have the following wording:

" 3. The criminal liability of a legal person shall bear its civil liability in accordance with the terms laid down in Article 110 of this Code in solidarity with natural persons who are condemned for the same facts. "

Thirty.

Article 127 is amended, which is worded as follows:

1. Any penalty that is imposed for a crime or a lack of pain will lead to the loss of the effects that come from them and from the goods, means or instruments with which it has been prepared or executed, as well as the proceeds from the crime or lack thereof. any changes that you have been able to experience. The ones and the others will be seized, unless they belong to a third party in good faith not responsible for the crime that has legally acquired them.

The Judge or Court shall extend the confiscation to the effects, property, instruments and proceeds from criminal activities committed within the framework of an organization or criminal or terrorist group, or a terrorist offence. For this purpose, the property of each and every person convicted of crimes committed within the criminal or terrorist organisation or group or for a terrorist offence whose value is derived from the criminal activity shall be understood to have come from criminal activity. is disproportionate to the income obtained legally by each of those persons.

2. In cases where the law provides for the imposition of a custodial sentence of more than one year by the commission of an imprudent offence, the Judge or Court may agree to the loss of the effects arising therefrom and the goods, means or instruments that have been prepared or executed, as well as proceeds from the offense, whatever transformations they might have experienced.

3. If, for all circumstances, it is not possible to make the goods referred to in the preceding paragraphs of this Article, the comiso shall be agreed for an equivalent value of other goods belonging to the criminally responsible for the event.

4. The Judge or Court may agree to the order provided for in the preceding paragraphs of this Article even if no person is required to be exempt from criminal liability or to have been extinguished in the latter case, provided that the illegal assets situation has been demonstrated.

5. Those seized will be sold, if they are lawful, their product will be used to cover the civil liability of the penalty if the law does not prevent otherwise, and, if they are not, they will be given the destination that will be regulated and, in their defect, they will be inused. "

Thirty first.

Article 129 is amended, which is worded as follows:

" 1. In the case of offences or offences committed within the framework, with collaboration, through or through undertakings, organisations, groups or any other class of entities or groups of persons who, due to lack of legal personality, are not In accordance with Article 31a of this Code, the Judge or the Court may impose on such undertakings, organisations, groups, entities or groups one or more ancillary consequences to the penalty corresponding to the author of the offence, with the content referred to in paragraphs (c) to (g) of Article 33.7. It may also agree to a definitive ban on carrying out any activity, even if it is lawful.

2. The ancillary consequences referred to in the preceding paragraph may be applied only to undertakings, organisations, groups or entities or groups in that referred to when this Code expressly provides for, or in the case of the offences or offences by which he himself allows the legal persons to be responsible for criminal liability.

3. The temporary closure of the premises or establishments, the suspension of social activities and the judicial intervention may also be agreed by the Judge Instructor as a precautionary measure during the instruction of the cause for the purposes set out in this Article and with the limits set out in Article 33.7. "

Thirty second.

The current Article 130 becomes paragraph 1 of that article and a paragraph 2 is added to it, with the following content:

" 2. The conversion, merger, absorption or division of a legal person does not extinguish its criminal liability, which shall be transferred to the entity or entities in which it is processed, merged or absorbed and shall be extended to the entity or entities which result of the split. The Judge or Court may moderate the transfer of the penalty to the legal person on the basis of the proportion that the legal person originally responsible for the crime is keeping with it.

Do not extinguish criminal responsibility for the covert or merely apparent dissolution of the legal person. It shall be considered in any event that there is a covert or merely apparent dissolution of the legal person when its economic activity is continued and the substantial identity of customers, suppliers and employees, or of the most relevant part of the legal entity, is maintained. all of them. "

Thirty third.

The fourth paragraph is amended and the fifth subparagraph of paragraph 1 is deleted, paragraph 4 is amended and Article 131 (5) is added, which are worded as follows:

" 1. The offences prescribe:

[...]

At five, the other crimes, except those of injury and slander, which they prescribe each year.

4. Crimes against humanity and genocide and crimes against persons and property protected in the event of armed conflict, other than those referred to in Article 614, shall in no case be prescribed.

They will also not prescribe terrorist offences, if they have caused the death of a person.

5. In the case of a contest for infringements or related offences, the limitation period shall be that which corresponds to the most serious offence. '

Thirty-four.

Article 132 (2) is amended, which is worded as follows:

" 2. The prescription will be interrupted, with no effect on the elapsed time, when the procedure is directed against the person in charge of the crime or fault, beginning to run again after the procedure is paralyzed or terminated. without condemnation according to the following rules:

1. The procedure against a given person shall be understood from the moment when, when the cause or after the case is opened, a reasoned judicial decision is given in which his alleged participation in the case is attributed to him. a fact that may be a crime or a fault.

2. However, the filing of a complaint or the complaint filed with a judicial body, in which a person determined his alleged participation in a fact that may be a criminal offence or lack, will suspend the computation of the prescription for a maximum period of six months for the case of a crime and two months for the case of lack, to count from the same date of filing of the complaint or of the formulation of the complaint.

If within that period the complaint is made against the complaint or the complaint, or against any other person involved in the facts, any of the judicial decisions referred to in the previous paragraph, the interruption of the A prescription shall be deemed to be retroactively produced, for all purposes, at the date of filing of the complaint or complaint.

On the contrary, the computation of the term of limitation will continue from the date of filing of the complaint or denunciation if, within the period of six or two months, in the respective cases of crime or fault, it falls The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, The continuation of the computation shall also occur if, within such time limits, the Judge of Instruction shall not adopt any of the resolutions provided for in this article.

3. For the purposes of this Article, the person against whom the procedure is directed must be sufficiently determined in the judgment, either by direct identification or by means of data permitting Subsequently, the identification within the organisation or group of persons to whom the event is attributed shall be made. "

Thirty-fifth.

Article 133 (2) is amended, which is worded as follows:

" 2. The penalties imposed for crimes against humanity and genocide and for crimes against persons and property protected in the event of armed conflict, other than those referred to in Article 614, shall in no case be prescribed.

They will also not prescribe the penalties imposed for terrorist offences, if they have caused the death of a person. "

Thirty-sixth.

Article 156a is added, which shall be worded as follows:

" 1. Those who promote, promote, facilitate or publicize the illegal procurement or trafficking of human organs or the transplanting thereof shall be punished with the imprisonment of six to twelve years if it is a principal organ, and a prison sentence. three to six years if the organ is non-principal.

2. If the recipient of the organ consents to the conduct of the transplant by knowing its illicit origin, it shall be punished with the same penalties as in the previous paragraph, which may be reduced by one or two degrees in the light of the circumstances of the event and of the culprit.

3. Where, in accordance with Article 31a, a legal person is liable for the offences referred to in this Article, the penalty shall be imposed on the penalty of the three-fold fine of the profit obtained.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Thirty-seventh.

A third paragraph is added to Article 172 (1), with the following wording:

"Penalties shall also be imposed in their superior half when the coercion exercised is intended to prevent the legitimate enjoyment of the dwelling."

Thirty-eighth.

A second and a third paragraph are added to Article 173 (1), with the following wording:

" With the same penalty, those who, in the field of any employment or civil service relationship and prevalorise their relationship of superiority, will be punished repeatedly, repeatedly or in a manner that is hostile or humiliating. to constitute degrading treatment, they involve serious harassment against the victim.

The same penalty shall also be imposed for which it is repeated that it carries out hostile or humiliating acts which, without constituting degrading treatment, are intended to prevent the legitimate enjoyment of housing. "

Thirty-ninth.

Title VIIa is created in Book II, which includes Article 17a and the following heading:

" TITLE VII a

Of Human Trafficking "

40th.

Article 17a is added, which will have the following wording:

" 1. It shall be punishable by five to eight years in prison as a prisoner of human trafficking, whether on Spanish territory, from Spain, in transit or destined for it, using violence, intimidation or deception, or by abusing a situation of superiority or of necessity or of vulnerability of the national or foreign victim, the captare, transportare, transportare, welcome, recibière or the house with any of the following purposes:

(a) The imposition of labor or forced services, slavery or practices similar to slavery or servitude or begging.

b) Sexual exploitation, including pornography.

c) The removal of your body organs.

2. Even if none of the means set out in the previous paragraph is used, any of the actions referred to in the preceding paragraph shall be deemed to be human beings when it is carried out in respect of minors for the purposes of exploitation.

3. The consent of a victim of trafficking in human beings shall be irrelevant where any of the means referred to in the first paragraph of this Article have been used.

4. The higher penalty shall be imposed in grade as provided for in the first paragraph of this Article when:

(a) In case of trafficking, the victim is in grave danger;

b) the victim is a minor;

(c) the victim is particularly vulnerable due to illness, disability or situation.

If more than one circumstance concurs, the penalty will be imposed in its top half.

5. The higher penalty shall be imposed in accordance with the provisions of paragraph 1 of this Article and the absolute disablement of six to twelve years shall be imposed on those who carry out the facts in accordance with their status as an official, agent or public official. If any of the circumstances provided for in paragraph 4 of this Article are met, the penalties shall be imposed in their upper half.

6. The maximum penalty shall be imposed in accordance with the provisions of paragraph 1 of this Article and shall be imposed in the case of a special profession, trade, industry or trade for the time of the sentence, where the guilty party belongs to an organisation or association of more than two persons, even of a transitional nature, who are engaged in carrying out such activities. If any of the circumstances provided for in paragraph 4 of this Article are met, penalties shall be imposed in the upper half. If the circumstances provided for in paragraph 5 of this Article are met, the penalties referred to therein shall be imposed in the upper half of the article.

When it comes to the heads, managers or managers of such organizations or associations, they will be given the penalty in their superior half, which can be raised to the immediately superior in grade. In any event, the penalty shall be paid to the immediately superior in grade if any of the circumstances provided for in paragraph 4 or the circumstance provided for in paragraph 5 of this Article are present.

7. Where, in accordance with Article 31a, a legal person is liable for the offences referred to in this Article, the penalty shall be imposed on the person who has obtained the fine of three times the amount of the benefit. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g).

8. The provocation, conspiracy and proposition to commit the crime of trafficking in human beings will be punished with the lesser penalty in one or two degrees to that of the corresponding offence.

9. In any event, the penalties provided for in this Article shall be without prejudice to those which correspond, where appropriate, to the offence of Article 318 bis of this Code and other offences effectively committed, including the constituent of the corresponding operation.

10. Convictions of foreign judges or courts for offences of the same nature as those provided for in this Article shall have the effect of reoffending, unless the criminal antecedent has been cancelled or may be cancelled in accordance with the law

11. Without prejudice to the application of the general rules of this Code, the victim of trafficking in human beings shall be exempt from penalty for the criminal offences he has committed in the situation of exploitation suffered, provided that his participation in they have been a direct consequence of the situation of violence, intimidation, deception or abuse to which they have been subjected and that there is adequate proportionality between that situation and the criminal act carried out. "

41st.

Article 178 is amended, which is worded as follows:

"The one who will be against the sexual freedom of another person, using violence or intimidation, will be punished as responsible for sexual assault with the prison term of one to five years."

42nd.

The first paragraph and the third paragraph of Article 180 (1) are amended, which are worded as follows:

" 1. The previous conduct shall be punishable by imprisonment of five to ten years for the assaults of Article 178, and from twelve to fifteen years for those of Article 179, where one of the following circumstances is present:

[...]

3. When the victim is particularly vulnerable, due to his age, disease, disability or situation, except as provided for in Article 183. "

43rd 3rd.

In Article 181, paragraph 2 is amended, paragraph 4 becomes 5, and a new paragraph 4 is added, as follows:

" 2. For the purposes of the previous paragraph, it is considered non-consensual sexual abuse to be carried out on persons who are deprived of meaning or whose mental disorder is abused, as well as those who commit themselves by quashing the will of the victim by the use of drugs, drugs or any other natural or chemical substance suitable for this purpose.

4. In all previous cases, where sexual abuse consists of vaginal, anal or oral carnal access, or the introduction of body members or objects by one of the first two ways, the person responsible will be punished with the prison sentence of four to ten years. "

Forty-fourth.

Article 182 is amended, which is worded as follows:

" 1. The one who, intervening deception, performs acts of a sexual character with person over thirteen years and under sixteen, will be punished with the imprisonment of one to two years, or fine of twelve to twenty-four months.

2. When acts consist of vaginal, anal or oral carnal access, or the introduction of body members or objects by one of the first two ways, the sentence will be in prison for two to six years. The penalty shall be imposed in its upper half if the circumstance 3, or 4. th, of those provided for in Article 180.1 of this Code is present. "

Forty-fifth.

A new Chapter IIa is added to Title VIII of Book II of the Criminal Code, called "From Sexual Abuse and Assault to Children of 13 Years", which includes Articles 183 and 183a.

Forty-sixth.

Article 183 is amended, which is worded as follows:

" 1. The one who will carry out acts that attack the sexual indemnity of a child of thirteen years will be punished as responsible for sexual abuse of a child with the imprisonment of two to six years.

2. When the attack occurs with violence or intimidation, the person responsible shall be punished for the offence of sexual assault of a child with a sentence of five to ten years in prison.

3. Where the attack consists of carnal, anal or oral access, or the introduction of body members or objects by one of the first two ways, the person responsible shall be punished with the imprisonment of eight to twelve years in the case of the paragraph 1 and with the penalty of 12 to 15 years, in the case of paragraph 2.

4. The conduct envisaged in the three preceding numbers will be punished with the corresponding prison sentence in its top half when one of the following circumstances is present:

(a) When the victim's limited intellectual or physical development has placed her in a situation of total defensiveness and, in any case, when she is under four years of age.

b) When the facts are committed by the joint action of two or more people.

(c) When violence or intimidation exercises a particularly degrading or vexatious character.

(d) When, for the execution of the offence, the person responsible has become invalid of a relationship of superiority or kinship, for being ascending, or brother, by nature or adoption, or related, with the victim.

e) When the author has endangered the child's life.

(f) Where the offence has been committed within an organisation or a criminal group engaged in the conduct of such activities.

5. In all cases provided for in this Article, where the culprit has become a valid authority, an agent of the latter or a public official, the term of absolute disablement from six to twelve years shall also apply. "

Forty-seventh.

A new article 183 bis is added, which will have the following wording:

" He who through the Internet, the telephone or any other information technology and communication contacts a child of thirteen years and proposes to arrange a meeting with himself in order to commit any of the crimes described in Articles 178 to 183 and 189, provided that such a proposal is accompanied by material acts intended for rapprochement, shall be punishable by one to three years imprisonment or a fine of 12 to 24 months, without prejudice to the penalties for the offences committed in their case. Penalties shall be imposed in their upper half when the approach is obtained by coercion, intimidation or deception. "

Forty-eighth.

Current paragraphs 2 and 3 of Article 187 become paragraphs 3 and 4, paragraph 1 is amended and two new paragraphs 2 and 5 are added, as follows:

" 1. The one who induces, promotes, favors or facilitates the prostitution of a minor or incapable person will be punished with the penalties of one to five years and fine of twelve to twenty-four months. The same penalty will be imposed upon your request, accept or obtain in exchange for a remuneration or promise, a sexual relationship with a minor or incapable person.

2. The person who conducts the conduct described in paragraph 1 of this article being the victim under the age of thirteen shall be punished with the imprisonment of four to six years.

5. The penalties referred to shall be imposed in their respective cases, without prejudice to those relating to offences against freedom or sexual indemnity committed against minors and incapable of being committed. "

Forty-ninth.

The current paragraph 4 becomes paragraph 5 and paragraphs 2, 3 and 4 of Article 188 are amended, which are worded as follows:

" 2. If the aforementioned conduct is carried out on a minor or incapable person, in order to initiate or maintain it in a situation of prostitution, the person responsible shall be liable for the imprisonment of four to six years.

3. The person carrying out the conduct referred to in the previous paragraph, being the victim under the age of thirteen years, shall be punished with the imprisonment of five to ten years.

4. The penalties provided for in the above paragraphs shall be imposed in their upper half, in their respective cases, where one of the following conditions is met:

(a) When the culprit has become invalid of his status as an authority, agent of this or public official. In this case it will also apply the absolute disablement penalty of six to twelve years.

b) When the culprit belongs to a criminal organization or group that will be engaged in carrying out such activities.

(c) Where the culprit has been endangered, in a dolous manner or by serious recklessness, the life or health of the victim. "

Quinetieth.

Article 189 (8) is deleted and the first subparagraph and points (a) and (b) of paragraph 1 and the first subparagraph of paragraph 3 are amended, as follows:

" 1. He will be punished with the prison term of one to five years:

(a) The one that I will capture or use to minors or to be unable for purposes or in exhibitionist or pornographic shows, both public and private, or to elaborate any kind of pornographic material, whatever their support, or I will fund any of these activities or I will profit from them.

(b) Where it is produced, sold, distributed, displayed, offered or provided for the production, sale, distribution or display by any means of pornographic material in whose manufacture minors or minors have been used unable, or will possess, for these purposes, even if the material has its origin abroad or is unknown.

3. The acts provided for in paragraph 1 of this Article shall be punishable by imprisonment of five to nine years when any of the following conditions are met:

[...]

8. (Deleted) ".

Quincuentist.

An article 189a is added, which will have the following wording:

" When in accordance with Article 31a a legal person is responsible for the offences covered by this Chapter, the following penalties shall be imposed:

a) Multa from triple to five-fold the benefit obtained, if the offence committed by the natural person has a prison term of more than five years.

b) Double to quadruple the benefit obtained, if the offence committed by the natural person has a prison term of more than two years not included in the previous subparagraph.

c) Double to triple the benefit obtained, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Quinetieth second.

Article 192 (1) and (2) become paragraphs 2 and 3 of the same Article, a new paragraph 1 is added and the resulting paragraph 3 is amended as follows:

" 1. Those sentenced to imprisonment for one or more offences included in this Title shall also be charged with the measure of probation, which shall be executed after the custodial sentence. The duration of such a measure shall be five to ten years, if any of the offences were serious, and one to five years, in the case of one or more less serious offences. In the latter case, in the case of a single offence committed by a primary offender, the Court may or may not impose the measure of freedom monitored in the light of the author's least danger.

2. [...]

3. The Judge or the Court may, in addition, impose the penalty of special disablement for the exercise of the rights of the fatherland, custody, curatelle, guardian, employment or public office or exercise of the profession or profession, for the time six months to six years, or the deprivation of parental authority. "

Quinetieth third.

Article 197 introduces a new paragraph 3, passing the current paragraphs 3, 4, 5 and 6 to paragraphs 4, 5, 6 and 7, and a paragraph 8 is added, with the following wording:

" 3. The person who, by any means or procedure and in violation of the security measures established to prevent him, access without authorization to data or software contained in a computer system or part of it or is maintained within the Against the will of whoever has the legitimate right to exclude him, he will be punished with imprisonment of six months to two years.

When in accordance with the provisions of Article 31a, a legal person is liable for the offences referred to in this Article, the penalty shall be imposed for a fine of six months to two years. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g).

[...]

8. If the facts described in the preceding paragraphs are committed within an organisation or criminal group, the maximum penalties shall be applied respectively. '

Quinco-44th.

Article 201 (3) is amended, which will have the following wording:

" 3. The pardon of the offence or his legal representative, where appropriate, extinguishes the criminal action without prejudice to the provisions of the second subparagraph of Article 130 (1) (1). '

Fifty-fifth.

Article 215 (3) is amended, which will have the following wording:

" 3. The pardon of the offended or his legal representative, if any, extinguishes the criminal action without prejudice to the provisions of the second paragraph of Article 130 (1) of this Code. "

Quinetieth sixth.

Article 234 is amended, as follows:

" The one who, with a profit motive, will take the things furniture outside without the will of his owner will be punished, as an inmate of theft, with the prison sentence of six to eighteen months if the amount of the subtracted exceeds 400 euros.

With the same penalty, the action described in Article 623 (1) of this Code shall be punishable by three times within one year, provided that the cumulative amount of the infringements is greater than the minimum of the referred to as a crime. "

Fifty-seventh.

Article 235 is amended, which is worded as follows:

" The theft will be punished with the prison term of one to three years:

1. º When things are subtracted from artistic, historical, cultural or scientific value.

2. º When it is a matter of first necessity or intended for a public service, provided that the subtraction causes a serious breach to this or a situation of supply.

3. When special gravity magazine, taking into account the value of the effects subtracted, or losses of special consideration.

4. º When you place the victim or your family in serious economic situation or have been misusing the victim's personal circumstances.

5. No. When using children under the age of fourteen for the commission of the crime. "

Fifty-eighth.

Article 239 is amended, as follows:

" False keys will be considered:

1. Hooks or other similar instruments.

2. Legitimate keys lost by the owner or obtained by a means that constitutes a criminal offence.

3. Any other than those intended by the owner to open the lock violated by the inmate.

For the purposes of this Article, cards, magnetic or perforated cards, remote-opening controls or instruments and any other technological instruments of similar effectiveness are considered to be keys. '

Fifty-ninth.

Article 242 is amended, as follows:

" 1. The guilty of theft with violence or intimidation in persons shall be punished with the imprisonment of two to five years, without prejudice to the one that may correspond to the acts of physical violence that he performed.

2. When the theft is committed at home or in any of its premises, the prison sentence of three years and six months to five years shall be imposed.

3. The penalties referred to in the preceding paragraphs shall be imposed in their superior half when the offender makes use of weapons or other equally dangerous means, either by committing the offence or in order to protect the flight, and when he or she attacks those who are in the victim's help or those who are after him.

4. In the light of the lesser entity of violence or intimidation exercised and further appending the other circumstances of the event, the lower penalty may be imposed in a degree to that provided for in the preceding paragraphs. "

60th.

Article 245 (1) is amended, as follows:

" 1. In addition to the penalties in which the person concerned shall occupy an immovable property or usurp a real property right of belonging, he shall, in addition to the penalties in which he incurs for the violence exercised, be subject to the imprisonment of one to two years, which shall be fixed taking into account the utility obtained and the damage caused. "

60th First.

Article 248 is amended, which is worded as follows:

" 1. They commit fraud which, with a profit motive, is used to mislead enough to produce error in another, inducing them to make an act of disposition to their own or other detriment.

2. They are also considered scam inmates:

(a) Those who, with a profit motive and using any such manipulation or artifice, agree to a non-consensual transfer of any assets to the detriment of another.

(b) Those who manufacture, introduce, possess or facilitate software specifically intended for the commission of the scams provided for in this Article.

(c) Those who use credit or debit cards, or travel checks, or the data at any one of them, perform operations of any kind to the detriment of their holder or a third party. "

60th Second.

Article 250 is amended, which is worded as follows:

" 1. The crime of fraud will be punishable by imprisonment from one year to six years and a fine of six to twelve months, when:

1. Recaign on things of first need, housing or other goods of recognized social utility.

2. º. It is perpetrated by abusing the signature of another, or by subtracting, concealing or inusing, in whole or in part, any process, file, protocol or public or official document of any kind.

3. Recaiga on goods that integrate artistic, historical, cultural or scientific heritage.

4. Special Journal of gravity, taking into account the entity of the injury and the economic situation in which it leaves the victim or his family.

5. º When the value of the fraud exceeds 50,000 euros.

6. Do abuse of existing personal relationships between victim and fraudster, or take advantage of their business or professional credibility.

7. No procedural scam is committed. The Court of Justice of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union a resolution that harms the economic interests of the other party or a third party.

2. If circumstances 4th, 5th or 6th with the 1st of the previous number are present, prison sentences of four to eight years and a fine of twelve to twenty-four months shall be imposed. "

60th 3rd.

Article 251 a is added, which shall be worded as follows:

" Where, in accordance with Article 31a, a legal person is responsible for the offences referred to in this Section, the following penalties shall be imposed:

a) Multa from triple to quintuple of the amount defrauded, if the offence committed by the natural person has a prison term of more than five years.

b) Double to quadruple the amount of defrauded, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

60th 4th.

Article 257 (3) becomes paragraph 5, and two new paragraphs 3 and 4 are added to that Article, which are worded as follows:

" 3. In the event that the debt or obligation to circumvent is governed by public law and the creditor is a public legal person, the penalty to be imposed shall be one to six years and a fine of twelve to twenty-four months.

4. The penalties provided for in this Article shall be imposed in their upper half in the cases provided for in Articles 1, 4, 4 and 5 of the first paragraph of Article 250. "

60th fifth.

Article 261 a is added, which shall have the following wording:

" When in accordance with Article 31a a legal person is responsible for the offences covered by this Chapter, the following penalties shall be imposed:

a) Multa from two to five years, if the offence committed by the natural person has a prison term of more than five years.

b) Multa from one to three years, if the offence committed by the natural person has a prison term of more than two years not included in the previous paragraph.

c) Multa from six months to two years, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

60th sixth.

The current content of Article 263 becomes paragraph 1 of that Article and a paragraph 2 is added, which is worded as follows:

" 2. It shall be punishable by imprisonment of one to three years and a fine of twelve to twenty-four months which shall cause damages as expressed in the preceding paragraph, if one of the following cases is present:

1. To be carried out in order to prevent the free exercise of the authority or as a result of actions carried out in the exercise of its functions, either the crime against public officials is committed, or against individuals who, as witnesses or in any other manner, have contributed or may contribute to the execution or implementation of the General Laws or provisions.

2. ° To be caused by any means, infection or contagion of livestock.

3. No poisonous or corrosive substances are used.

4. º That affect domain or public or communal property.

5. º that ruin the injured person or be placed in serious economic situation. "

60th Seventh.

Article 264 is amended, which is worded as follows:

" 1. That by any means, without authorization and in a serious manner, delete, damage, deteriorate, alter, delete, or make inaccessible data, software or other electronic documents, when the result produced is serious, shall be punishable by imprisonment from six months to two years.

2. The fact that by any means, without being authorized and in a serious way will hinder or interrupt the operation of an alien computer system, introducing, transmitting, damaging, erasing, deteriorating, altering, suppressing or doing inaccessible computer data, when the result produced is serious, will be punished, with the imprisonment of six months to three years.

3. The penalties shall be imposed in excess of the amount of the penalties referred to in the previous two paragraphs and, in any event, the penalty for the fine of the damage caused, where the conduct described above is one of the Following circumstances:

1. No. It would have been committed within the framework of a criminal organization.

2. Haya caused damage of special gravity or affected to the general interest.

4. Where, in accordance with Article 31a, a legal person is responsible for the offences referred to in this Article, the following penalties shall be imposed:

a) Multa from double to quadruple the damage caused, if the offence committed by the natural person has a prison term of more than two years.

b) Double to triple the damage caused, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

60th 8th.

The third paragraph of Article 267 is amended, which will have the following wording:

"In such cases, the pardon of the offended or his legal representative, if any, extinguishes the criminal action without prejudice to the second paragraph of Article 130 (1) of this Code."

60th ninth.

A second paragraph is added to Article 270 (1), which shall be worded as follows:

" However, in cases of retail distribution, the characteristics of the culprit and the small amount of the economic benefit are met, provided that none of the circumstances of the following article is present, the Judge may impose the penalty of fine of three to six months or works for the benefit of the community of thirty-one to sixty days. In the same cases, where the benefit does not exceed EUR 400, the event shall be punished as a lack of Article 623.5. '

Septuag.

Article 274 (1) and (2) are amended, which are worded as follows:

" 1. It shall be punishable by six months to two years imprisonment and fine of twelve to twenty-four months for industrial or commercial purposes without the consent of the holder of an industrial property right registered under the law. of marks and with knowledge of the register, reproduce, imitate, modify or otherwise usurp a distinctive sign identical or confused with that, in order to distinguish the same or similar products, services, activities or establishments for the right of industrial property to be registered. They shall also incur the same penalty as those imported into these products.

2. The same penalties shall be imposed on the person who, in the knowledge, possesses for marketing or places on trade, goods or services with distinctive signs which, in accordance with paragraph 1 of this Article, constitute an infringement of the exclusive rights of the holder of the same, even in the case of imported products.

However, in cases of retail distribution, the characteristics of the culprit and the small amount of the economic benefit, provided that none of the circumstances of Article 276 are present, the Judge may impose the penalty of fine of three to six months or works for the benefit of the community of thirty-one to sixty days. In the same cases, where the benefit does not exceed EUR 400, the event shall be punished as a lack of Article 623.5. '

Septuentist first.

Article 282 a is added, which shall be worded as follows:

" Those who, as a de facto or de jure administrators of a securities issuing company traded on the securities markets, shall distort the economic and financial information contained in the issuance prospectuses of any financial instruments or information that the company must publish and disseminate in accordance with the law of the securities market on its present and future resources, activities and businesses, with the aim of attracting investors or depositors; place any type of financial asset, or obtain financing by any means, will be punishable by imprisonment of one to four years, without prejudice to the provisions of Article 308 of this Code.

In the event that the investment, deposit, asset placement or financing is obtained, to the detriment of the investor, depositor, acquirer of the financial assets or creditor, the penalty shall be imposed in the Upper half. If the injury caused outside of serious gravity, the penalty to be imposed shall be one to six years imprisonment and a fine of six to twelve months. "

Septuagent2.

Article 284 is amended, which is worded as follows:

" The imprisonment of six months to two years or a fine of twelve to twenty-four months shall be imposed on which:

1. Employing violence, threat or deception, attempt to alter the prices that have resulted from the free competition of goods, goods, securities or financial instruments, services or any other movable or immovable property which is the subject of recruitment, without prejudice to any other offences committed.

2. " Dismelter news or rumors, by itself or through a means of communication, about persons or companies in which knowingly or partially false economic data are offered in order to alter or preserve the price of listing a financial value or instrument, obtaining for itself or for third party an economic benefit exceeding EUR 300 000 or causing injury of the same amount.

3. The use of inside information, transactions or orders of operation liable to provide misleading indications on the supply, demand or price of securities or financial instruments, or ensure the use of the same information, by itself or in concert with others, with a dominant position on the market for such securities or instruments for the purpose of fixing their prices at abnormal or artificial levels.

In any case, one-to two-year disablement penalty will be imposed to intervene in the financial market as an actor, agent or mediator or reporter. "

Septuentile third.

Section 4. of Chapter XI of Title XIII of Book II becomes Section 5 of the same Chapter, Title and Book, and a Section 4 is introduced with the following heading:

"Section 4. Of corruption among individuals".

Septutieth fourth.

It is integrated as a single article of Section 4. of Chapter XI of Title XIII of Book II, Article 286 bis, which is worded as follows:

" 1. Who, by itself or by an interested person, promises, offers or grants to managers, administrators, employees or collaborators of a commercial company or a company, association, foundation or organization a benefit or advantage of any nature justified in order to favour him or a third party vis-à-vis others, in breach of his obligations in the purchase or sale of goods or in the recruitment of professional services, he shall be punished with the imprisonment of six months to four months. years, special disablement for the exercise of industry or trade for one to six years and a fine of both the value of the benefit or the benefit.

2. The same penalties shall be punishable by the manager, administrator, employee or collaborator of a business undertaking, or of a company, association, foundation or organisation which, by itself or by person, receives, requests or accepts a benefit or advantage of any unjustifiable nature in order to favour against third parties whom it grants or which it expects profit or advantage, in breach of its obligations in the acquisition or sale of goods or in the procurement of services professionals.

3. Judges and courts, paying attention to the value of the benefit or the value of the advantage, and the transcendence of the functions of the culprit, may impose the lower penalty in grade and reduce the penalty to its prudent arbitration.

4. The provisions of this Article shall apply, in their respective cases, to the directors, administrators, employees or collaborators of a sporting entity, whatever the legal form of the latter, as well as to the athletes, referees or judges, in respect of conduct which is intended to predetermine or intentionally and fraudulently alter the outcome of a professional sport test, encounter or competition. "

Septutieth fifth.

Article 287 is amended, which is worded as follows:

" 1. In order to proceed with the offences provided for in Section 3 of this Chapter, except those provided for in Articles 284 and 285, it shall be necessary to denounce the person who has been wronged or his legal representatives. When that person is a minor, unable or an invalid person, he/she may also report the Fiscal Ministry.

2. The complaint required in the previous paragraph shall not be required where the commission of the offence concerns the general interests or a plurality of persons. "

Septuageth sixth.

Article 288 is amended, which is worded as follows:

" In the cases provided for in the preceding articles, the publication of the judgment shall be made available in the official newspapers and, if the injured party so requests, the Judge or the Court may order his/her total or partial reproduction in any other information media, at the expense of the sentenced person.

When in accordance with Article 31a a legal person is responsible for the offences listed in this Chapter, the following penalties shall be imposed:

1. In the case of offences referred to in Articles 270, 271, 273, 274, 275, 276, 283, 285 and 286:

a) Multa from double to quadruple the benefit obtained or favored, if the offence committed by the natural person has a prison term of more than two years.

b) Double to triple the benefit obtained or favored, in the rest of the cases.

In the case of the offences referred to in Articles 277, 278, 279, 280, 281, 282, 282 bis and 286 bis:

a) Multa from one to three years, if the offence committed by the natural person has a penalty of more than two years imprisonment.

b) Multa from six months to two years, in the rest of the cases.

2. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g).

Septutieth seventh.

The heading of Chapter XIV of Title XIII of Book II is amended, which is worded as follows:

" CHAPTER XIV

From receptation and money laundering "

Septuentieth eighth.

Article 301 (1) is amended, which is worded as follows:

" 1. The person who acquires, owns, uses, converts, or transmits goods, knowing that they have their origin in a criminal activity, committed by him or any third person, or any other act to conceal or cover up their illicit origin; or To assist the person who has participated in the infringement or breaches to avoid the legal consequences of his acts, he will be punished with the imprisonment of six months to six years and fine of the tripling of the value of the goods. In such cases, the judges or courts, taking into account the seriousness of the fact and the personal circumstances of the offender, may also impose on him the penalty of special disablement for the pursuit of his profession or industry for the time being one to three years, and agree on the temporary or final closure measure of the establishment or premises. If the closure is temporary, its duration may not exceed five years.

The penalty will be imposed in its superior half when the property has its origin in any of the crimes related to the trafficking of toxic drugs, narcotic drugs or psychotropic substances described in articles 368 to 372 of This Code. In these cases, the provisions contained in Article 374 of this Code shall apply.

The penalty shall also be imposed in its upper half where the property has its origin in any of the offences under Chapters V, VI, VII, VIII, IX and X of Title XIX or any of the offences of Chapter I of the Title XVI. "

Septuentith ninth.

Article 302 (2) is amended, which is worded as follows:

" 2. In such cases, where a legal person is responsible in accordance with Article 31a, the following penalties shall be imposed:

a) Multa from two to five years, if the offence committed by the natural person has a prison term of more than five years.

b) Multa from six months to two years, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Octopth.

The first subparagraph of paragraph 1 is amended and a paragraph 5 is added to Article 305, which is worded as follows:

" 1. He who, by way of action or omission, defraud to the State Public Finance, autonomic, foral or local, circumventing the payment of taxes, amounts withheld or that would have been due to withhold or income to account of benefits in kind obtaining unduly returns or enjoying tax benefits in the same way, provided that the amount of the fee defrauded, the amount not entered in the withholding tax or income on account or the tax returns or benefits unduly obtained or enjoyed more than a hundred and twenty thousand euros, will be punished with the prison sentence of one to five years and a fine of the same amount of the said amount.

[...]

5. In the proceedings for the crime referred to in this article, for the execution of the penalty of fine and the civil liability, which will include the amount of the tax liability that the Tax Administration has not been able to liquidate prescription or other legal cause in the terms provided for in the General Tax Law, including their interest on late payment, the judges and courts will seek the assistance of the services of the Tax Administration that will require them by the procedure Award administrative in the terms set forth in that law. "

Octoth first.

Article 306 is amended, which is worded as follows:

" The action or omission of fraud against the general budget of the European Union or other budgets managed by the European Union, in excess of fifty thousand euros, avoiding the payment of amounts to be entered, or giving to the funds obtained from an application other than that which they are intended for, shall be punishable by imprisonment of one to five years and a fine of the same amount as the amount of the said amount. '

Octoth second.

The first subparagraph of Article 307 (1) is amended, which is read as follows:

" 1. The fact that, by way of action or omission, social security fraud is circumventing the payment of the quotas of this and the concepts of joint collection, unduly obtaining refunds of the same or enjoying deductions for any concept also If the amount of the fees defrauded or of the undue returns or deductions exceeds one hundred and twenty thousand euros, it will be punished with the imprisonment of one to five years and fine from the same to the sextuplo of the cited amount.

[...] "

Octopth third.

Article 308 (1) and (2) are amended, which are worded as follows:

" 1. The one who obtains grants, reliefs or aid from the public administrations of more than one hundred and twenty thousand euros by distorting the conditions required for their concession or by concealing those that would have prevented it, will be punished with the prison sentence. one to five years and a fine of the same to the sixfold of their amount.

For the determination of the amount defrauded will be the natural year and must be obtained grants for the promotion of the same eligible private activity, even if they come from different Administrations public entities.

2. The same penalties will be imposed on the fact that, in the development of an activity supported by public administrations, the amount of which exceeds one hundred and twenty thousand euros, the conditions established by substantially altering the objectives are not met. for which the grant was granted. "

October fourth.

Article 309 is amended, which is worded as follows:

" Which unduly obtains funds from the general budget of the European Union or others administered by the European Union, in excess of fifty thousand euros, by distorting the conditions required for granting or concealing the who have prevented it, shall be punished with the imprisonment of one to five years and a fine of the same amount as the amount of the said amount. "

Octoth fifth.

Article 310 a is added, which shall be worded as follows:

" When in accordance with Article 31a a legal person is responsible for the offences listed in this Title, the following penalties shall be imposed:

a) Multa from double to quadruple the amount defrauded or improperly obtained, if the offence committed by the natural person has a prison term of more than two years.

(b) Multa from six months to one year, in the cases referred to in Article 310.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Octoth sixth.

Article 313 is amended, which is worded as follows:

"The one that will determine or favor the emigration of some person to another country by simulating contract or placement, or using another such deception, will be punished with the penalty provided for in the previous article."

Octopth seventh.

Paragraph 2 is deleted, paragraphs 3, 4, 5 and 6, which become 2, 3, 4 and 5, are renumbered and the resulting paragraphs 2 and 4 of Article 318 a are amended as follows:

" 2. Those who conduct the conduct described in the previous section for profit or use violence, intimidation, deception, or abuse of a situation of superiority or of special vulnerability of the victim, or endangering life, health or the integrity of the people, they will be punished with the penalties in their superior half. If the victim is a minor or incapable, they will be punished with the penalties higher than those provided for in the previous paragraph.

4. Penalties shall be imposed in excess of those provided for in paragraphs 1 to 3 of this Article, in their respective cases, and special disablement for profession, trade, industry or trade for the time of conviction, where the guilty belonged to an organisation or association, even of a transitional nature, which was devoted to the performance of such activities.

When it comes to the heads, managers or managers of such organizations or associations, they will be subject to the penalty in their upper half, which can be raised to the immediately superior in grade.

When in accordance with the provisions of Article 31a a legal person is liable for the offences listed in this Title, the penalty shall be imposed for a fine of two to five years, or the penalty of three to five years for the benefit obtained if the resulting quantity was higher.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Octopth 8th.

The heading of Title XVI of Book II is amended, which will have the following wording:

" TITLE XVI

Of crimes relating to land and urban planning, protection of historical heritage and the environment "

Octopth ninth.

The heading of Chapter I of Title XVI of Book II is amended, which will have the following wording:

" CHAPTER I

Of crimes on land management and urbanism "

Nontieth.

Article 319 is amended, which will have the following wording:

" 1. Prison sentences of one year and six months to four years shall be imposed, a fine of 12 to 24 months, unless the benefit obtained by the offence is greater than the amount resulting in the case of which the fine shall be equal to three times the amount of such benefit, and special disablement for a profession or office for a period of one to four years, to the promoters, builders or technical directors who carry out works of urbanisation, construction or non-approved construction on floors intended for vials, green areas, public domain goods or places which are legal or administratively recognized its landscape value, ecological, artistic, historical or cultural, or for the same reasons have been considered special protection.

2. The sentence of imprisonment of one to three years shall be imposed, fine of twelve to twenty-four months, unless the benefit obtained by the offence is greater than the amount resulting in the case of which the fine shall be equal to the amount of the amount of that benefit, and (a) special disqualification for a profession or trade for one to four years, to promoters, builders or technical directors who carry out construction, construction or non-reauthorized construction works on the undeveloped land.

3. In any event, the judges or courts may, on the basis of the author of the fact, order the demolition of the work and the replacement of the work to its original state of altered physical reality, without prejudice to the third parties in good faith. In any case, the comiso of the proceeds from the crime shall be made available whatever the transformations that you have been able to experience.

4. In the cases provided for in this Article, where a legal person is responsible in accordance with the provisions of Article 31a of this Code, the penalty shall be imposed for one to three years, unless the benefit obtained by the a crime is higher than the resulting amount in which case the fine shall be double to four times the amount of that benefit.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Nonentist first.

Article 320 is amended, which will have the following wording:

" 1. The public authority or civil servant who, in the knowledge of his or her injustice, has reported favorably planning instruments, urbanization projects, parking, repair, construction or construction or the granting of anti-aircraft licenses. the rules of territorial or urban planning in force, or which, in connection with inspections, have silenced the infringement of those rules or which have failed to carry out inspections of a compulsory nature shall be punished with the penalty laid down in Article 404 of this Code and, in addition, with that of a year and six months to four months years and the fine of twelve to twenty-four months.

2. The same penalties shall be punishable by the authority or public official who by himself or as a member of a collegiate body has resolved or voted in favour of the approval of the planning instruments, the urbanisation projects, (a) the removal, repair, construction or construction or the granting of the licences referred to in the preceding paragraph, in the knowledge of their unfairness. "

Nontieth second.

Article 325 is amended, which is worded as follows:

" Will be punished with prison sentences of two to five years, fine of eight to twenty-four months and special disablement for a profession or office for one to three years, which, in contravention of laws or other provisions of a general nature protecting the environment, causing or directly or indirectly causing emissions, discharges, radiations, extractions or excavations, landing, noise, vibration, injections or deposits, in the atmosphere, the soil, the subsoil or land, underground or sea water, including the high seas, with the impact even on cross-border areas, as well as water collection which could seriously damage the balance of natural systems. If the risk of serious harm is to the health of the persons, the prison sentence shall be imposed in its upper half. "

Nonentith third.

Article 327 is amended, which is worded as follows:

" When in accordance with Article 31a a legal person is responsible for the offences listed in the previous two articles, the following penalties shall be imposed:

a) Multa from two to five years, if the offence committed by the natural person has a prison term of more than five years.

b) Multa one to three years, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Nontieth 4th.

Article 328 is amended, which is worded as follows:

" 1. They shall be punishable by imprisonment from six months to two years, a fine of ten to fourteen months and a special disqualification for a profession or office for one to two years who establish deposits or landfills of solid waste or waste or liquids that are toxic or dangerous and may seriously impair the balance of natural systems or people's health.

2. The same penalties provided for in the preceding paragraph shall be punishable by those who, in contravention of the laws or other provisions of a general nature, carry out the operation of installations in which a dangerous activity is carried out or where dangerous substances or preparations are stored or used, causing or likely to cause death or serious injury to persons, or substantial damage to air quality, soil quality or water quality, or to animals or plants.

3. It shall be punishable by imprisonment of one to two years for the collection, transport, recovery, disposal or use of waste, including the omission of the duties of surveillance on such procedures, to put into effect serious danger to the life, integrity or health of people, or the quality of air, soil or water, or to animals or plants.

4. The fact that the laws or other provisions of a general nature have been contravened by the laws or other provisions of a general nature carry out a significant amount of waste, in the case of one or several of the transfers which appear linked, years.

5. Where, in addition to the risk prevented, the conduct of the conduct referred to in the preceding paragraphs is a result of a criminal offence, whatever its seriousness, the judges or courts shall only appreciate the infringement. severely penalized, applying the penalty in its top half.

6. Where, in accordance with Article 31a, a legal person is responsible for the offences referred to in this Article, the following penalties shall be imposed:

(a) Multa of one to three years, or of double to quadruple the damage caused when the resulting amount is higher, if the offence committed by the natural person has a penalty of more than two years ' imprisonment freedom.

b) Multa from six months to two years, or double to triple the damage caused if the resulting amount is higher, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7).

7. Where, in the commission of any of the facts provided for in the preceding paragraphs of this Article, any of the circumstances referred to in Article 326 (a), (b), (c) or (d) shall be imposed, the maximum penalties shall be imposed on the provided for, without prejudice to those which may correspond in accordance with other provisions of this Code. '

Nontieth fifth.

Article 329 (1) is amended, which is worded as follows:

" 1. The public authority or official who, in the knowledge, has been favourably informed of the granting of manifestly illegal licences which permit the operation of the polluting industries or activities referred to in the Articles The Commission shall, in accordance with Article 1 (1) of Regulation (EU) no-6/ (1), provide the Commission with the necessary measures to ensure that the laws, regulations and regulations of the Member State concerned are not met. Article 404 of this Code and, in addition, the sentence of imprisonment of six months to three years and the fine of eight to twenty-four months. "

Nontieth sixth.

Article 333 is amended, which is worded as follows:

" The introduction or release of species of non-indigenous flora or fauna, in such a way as to prejudice the biological balance, in contravention of laws or general provisions protecting the species of flora or fauna, shall be punishable by imprisonment of four months to two years or fine of eight to twenty-four months and, in any case, special disablement for a profession or office for one to three years. "

Nontieth seventh.

Article 334 (1) is amended, which is worded as follows:

" 1. The one that cace or fish threatened species, perform activities that prevent or hinder their reproduction or migration, or destroy or seriously alter their habitat, contravening the laws or general provisions protecting the species of wild fauna, or trade or trade with them or with their remains, shall be punishable by imprisonment of four months to two years or fine of eight to twenty-four months and, in any case, that of special disablement for occupation or occupation and special disablement for the exercise of the right to hunt or fish for two to four years. "

Non48th.

Article 336 is amended, which is worded as follows:

" The one who, without being legally authorized, employs for the hunting or fishing poison, explosive means or other instruments or arts of similar destructive or non-selective efficacy for the fauna, will be punished with the prison sentence of four months to two years or a fine of eight to twenty-four months and, in any case, that of special disablement for occupation or office and special disablement for the exercise of the right to hunt or fish for one to three years. If the damage caused is of significant importance, the prison sentence mentioned above shall be imposed in its upper half. "

Nontieth ninth.

Article 337 is amended, which is worded as follows:

" He who by any means or procedure unjustifiably mistreats a domestic or an amansado animal, causing death or injury that seriously undermines his health, will be punished with the penalty of three months to a year of imprisonment and special disablement of one to three years for the pursuit of a profession, trade or trade which relates to animals. '

100th.

Article 339 is amended, which is worded as follows:

" The judges or courts shall order the adoption, by the author of the fact, of the necessary measures aimed at restoring the disturbed ecological balance, as well as any other precautionary measures necessary for the protection of the goods protected under this Title. "

Hundredth first.

Article 343 is amended, which is worded as follows:

" 1. The fact that, by means of the discharge, the emission or the introduction into the air, the soil or the waters of a quantity of materials or of ionising radiation, or the exposure by any other means to such radiations endangers life, integrity, health or assets of one or more persons, shall be punishable by imprisonment of six to twelve years and shall be subject to special disqualification for employment or public office, occupation or office for a period of six to ten years. The same penalty shall be imposed where the quality of air, soil or water or animals or plants is endangered by this conduct.

2. Where, in addition to the risk prevented, the conduct described in the preceding paragraph is likely to result in a criminal offence, whatever its seriousness, the judges or courts will only appreciate the infringement. severely penalized, applying the penalty in its top half.

3. Where, in accordance with Article 31a, a legal person is responsible for the offences referred to in this Article, the penalty shall be imposed for a fine of two to five years.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Hundredth second.

Article 345 is amended, which is worded as follows:

" 1. The one that takes over nuclear materials or radioactive elements, even without profit, will be punished with the prison term of one to five years. The same penalty shall be imposed for which, without proper authorization, it possesses, traffishes, facilitates, treats, transforms, uses, stores, transport or removes nuclear or other dangerous radioactive substances which cause or may cause death or serious injury to people, or substantial damage to air quality, soil quality or water quality or to animals or plants.

2. If the fact is executed using force on things, it will impose the penalty on its top half.

3. If the fact is committed with violence or intimidation in people, the culprit will be punished with the higher penalty in grade.

4. That without proper authorization, such materials or substances will be punished with the higher penalty to the degree. "

Hundredth third.

Article 348 (1) and (3) are amended, which are worded as follows:

" 1. Those in the manufacture, handling, transport, holding or placing on the market of explosives, flammable or corrosive substances, toxic and suffocating, or any other materials, appliances or devices which may cause havoc, shall be in contravention of the safety standards established, putting in particular danger the life, physical integrity or health of the persons, or the environment, will be punished with the prison term of six months to three years, fine of twelve to twenty-four months and special disablement for employment or public office, occupation or office for a period of six to twelve years. The same penalties shall be imposed on those who illegally produce, import, export, trade or use ozone-destroying substances.

3. In the cases referred to in the preceding paragraphs, where a legal person is responsible for the facts in accordance with Article 31a of this Code, a fine of one to three years shall be imposed on him, unless, The amount of the damage incurred, the amount of which is higher, in which case the fine shall be double to four times the amount of the damage.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7).

The penalties set out in the preceding paragraphs shall be imposed in their upper half in the case of directors, directors or managers of the company, company, organisation or holding. "

Hundredth fourth.

Article 368 is amended, which is worded as follows:

" Those who execute acts of cultivation, processing or trafficking, or otherwise promote, favor or facilitate the illegal consumption of toxic drugs, narcotic drugs or psychotropic substances, or possess them for those purposes, shall be punishable by imprisonment of three to six years and a fine of both the tripling of the value of the drug which is the subject of the offence if it is a matter of substances or products causing serious harm to health, and of imprisonment of one to three years and a fine of duplicating in other cases.

By way of derogation from the foregoing paragraph, the courts may impose the lower penalty to the attention of the limited entity of the fact and the personal circumstances of the culprit. This power may not be used if any of the circumstances referred to in Articles 369a and 370 are met. '

Hundredth fifth.

Circumstances 2. and 10. of paragraph 1 are deleted, with the remaining 3. th, 4th, 5th, 6th, 7th, 7th, 8th and 9th. th, 3rd, 3rd, 4th, 5th, 6th, 7th and 8th, and Article 369 (2), paragraph 2.

Hundredth sixth.

Article 369a is added with the following content:

" Where the facts described in Article 368 have been carried out by those who belong to a criminal organisation, the prison sentences of nine to twelve years shall be imposed and the value of the drug more than quadrupled in the case of substances and products causing serious damage to health and imprisonment of four years and six months to 10 years and the same fine in other cases.

The heads, managers, or administrators of the organization will be given the upper penalties to those mentioned in the first paragraph.

When in accordance with Article 31a a legal person is responsible for the offences listed in the previous two articles, the following penalties shall be imposed:

a) Multa of two to five years, or triple to five years of the value of the drug when the resulting amount is higher, if the offence committed by the natural person has a prison term of more than five years.

b) Multa one to three years, or double to quadruple the value of the drug when the resulting amount is higher, if the offence committed by the natural person has a prison term of more than two years not included in the previous paragraph.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Hundredth seventh.

The ordinal 2. and the second paragraph of the ordinal 3. of Article 370 are amended, which are worded as follows:

"2." 2. "..........................................

3. º [...]

The cases in which the quantity of the substances referred to in Article 368 are significantly exceeded are considered to be extremely serious, or vessels, vessels or vessels have been used. aircraft as a specific means of transport, or conduct indicated by simulating international trade operations between undertakings, or international networks engaged in such activities, or where three or more of the circumstances provided for in Article 369.1 are met.

[...] "

Hundredth 8th.

Article 379 is amended, which will have the following wording:

" 1. A motor vehicle or a moped at a higher speed of 60 kilometres per hour on an urban road or 80 kilometres per hour on an inter-urban basis to that permitted by regulation shall be punishable by imprisonment of three to three years. six months or with the fine of six to twelve months or with that of works for the benefit of the community of thirty-one to ninety days, and, in any case, with that of deprivation of the right to drive motor vehicles and mopeds for longer than one and up to four years.

2. The same penalties shall be punishable by a motor vehicle or a motor vehicle under the influence of toxic drugs, narcotic drugs, psychotropic substances or alcoholic beverages. In any case it shall be condemned with such penalties for the use of an alcohol in expired air of more than 0,60 milligrams per litre or with a blood alcohol rate of more than 1,2 grams per litre. '

Hundredth ninth.

Article 381 (3) is deleted.

Hundredth tenth.

Article 384 is amended, which is worded as follows:

" Where a motor vehicle or a motor vehicle is involved in cases of loss of validity of the permit or license for the total loss of the legally assigned points, it shall be punishable by imprisonment of three to six months or with the of a fine of twelve to twenty-four months or with that of works for the benefit of the community of thirty-one to ninety days.

The same penalty shall be imposed on the driver after having been deprived of the right to leave or leave by judicial decision and to which a motor vehicle or a moped has never been obtained without having obtained the same driving licence or licence. '

Hundredth 11th.

A new Article 385 a is added, which is worded as follows:

"The motor vehicle or moped used in the facts provided for in this Chapter shall be considered an instrument of the offence for the purposes of Articles 127 and 128."

Hundredth twelfth.

A new article 385 ter is added, with the following wording:

" In the offences referred to in Articles 379, 383, 384 and 385, the Judge or Court, reasoning in judgment, may lower the sentence of imprisonment to a degree of imprisonment for the least entity of the risk caused and the other circumstances of the event. "

Hundredth thirteenth.

Article 387 is amended, which is worded as follows:

" For the purposes of the previous article, the metallic coin and the paper currency of legal tender are understood. The national currency shall be equated with those of other countries of the European Union and foreign countries. '

100th 14th.

Article 392 is amended, which is worded as follows:

" 1. The person who has committed, in public, official or commercial documents, any of the untruths described in the first three numbers of Article 390 (1), shall be punished by imprisonment of six months to three years and a fine of six to six months. twelve months.

2. The same penalties will be imposed on the one who, without having intervened in the falsification, will in any way deal with a false identity document. The prison sentence of six months to one year and a fine of three to six months shall be imposed on the person who knowingly used a false identity document.

This provision is applicable even if the false identity document appears as belonging to another State of the European Union or to a third State or has been falsified or acquired in another State of the European Union or in a third State if it is used or is trafficked with it in Spain. "

100th 15th.

Article 399 is amended, which is worded as follows:

" 1. The individual who will falsify a certification of the ones designated in the above articles will be punished with the penalty of fine of three to six months.

2. The same penalty shall be imposed on the person who knowingly used the certification, as well as to whom, without having intervened in his falsification, I shall deal with it in any way.

3. This provision is applicable even if the certificate appears as belonging to another State of the European Union or to a third State or has been falsified or acquired in another State of the European Union or in a third State if it is used in Spain. '

Hundredth 16th.

Section 4. of Chapter II of Title XVIII of Book II, which shall comprise Article 399 a, shall be added and shall have the following entry:

"From counterfeit credit and debit cards and travel checks"

Hundredth seventeenth.

Article 399 a is added, which is worded as follows:

" 1. Whoever alters, copies, reproduces or otherwise falsifies credit or debit cards or travel checks, will be punished with the imprisonment of four to eight years. The penalty shall be imposed in its upper half where the falsified effects affect a generality of persons or when the facts are committed within the framework of a criminal organisation engaged in such activities.

When in accordance with the provisions of Article 31a a legal person is liable for the previous offences, the penalty shall be imposed for a fine of two to five years.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7).

2. Possession of credit or debit cards or counterfeit travel checks intended for distribution or traffic will be punished with the penalty indicated for counterfeiting.

3. That without having intervened in the falsification will use, to the detriment of another and knowingly the falsehood, credit or debit cards or counterfeit travel checks will be punished with the imprisonment of two to five years. "

Hundredth eighteenth.

Article 400a is added, which will have the following wording:

" In the cases described in Articles 392, 393, 394, 396 and 399 of this Code, the use of the relevant documents shall also be understood as the use of false documents, dispatch, certification or identity document, issues, certificates or authentic identity documents by whom you are not entitled to do so. "

The addition of this article implies that the heading of the corresponding Chapter III, in which it is integrated, becomes "General Provisions".

19th century.

Article 419 is amended, which will have the following wording:

" The public authority or official who, for the benefit of himself or of a third party, receives or requests, by himself or by person, gift, favor or reward of any kind or accept offer or promise to make in the exercise of his office an act contrary to the duties inherent to it or not to carry out or delay unjustifiably the one he should practice, he will incur the prison term of three to six years, fine of twelve to twenty-four months and special disablement for employment or public office for seven to twelve years, without prejudice to the penalty corresponding to the act performed, omitted or delayed by reason of the remuneration or promise, if it were a crime. "

100th 20th.

Article 420 is amended, which will have the following wording:

" The public authority or official who, for the benefit of himself or of a third party, receives or requests, by himself or by person, gift, favor or reward of any kind or shall accept offering or promise to carry out a his own act, he will incur imprisonment of two to four years, fine of twelve to twenty-four months and special disablement for employment or public office for three to seven years. "

Hundredth twenty first.

Article 421 is amended, which will have the following wording:

" The penalties mentioned in the preceding articles shall also be imposed where the gift, favor or reward is received or requested by the public authority or official, in their respective cases, as a reward for the conduct of the described in those articles. "

Hundredth twenty second.

Article 422 is amended, which will have the following wording:

" The public authority or official who, for his own benefit or a third party, admits, by himself or by person, gift or gift that is offered to him in consideration of his position or function, will incur the sentence of imprisonment from six months to one year and suspension of employment and public office from one to three years. "

Hundredth twenty third.

Article 423 is amended, which will have the following wording:

" The provisions of the foregoing Articles shall also apply to juries, arbitrators, experts, administrators or auditors appointed judicially, or to any persons participating in the exercise of the function public. "

Hundredth twenty-fourth.

Article 424 is amended, which will have the following wording:

" 1. The special person who offers or will give to an authority, a public official or a person participating in the exercise of the public function to perform an act contrary to the duties inherent in his office, or to give him or her other class or an act of his or her own office, so that he does not perform or delay the one he or she should practice, or in consideration of his or her position or function, shall be punished in their respective cases, with the same imprisonment and fine as the authority, official or person corrupted.

2. Where a particular person gives the gift or remuneration on the basis of the authority's request, a public official or a person participating in the exercise of the public service, the same prison sentences and fines shall be imposed on them. correspond.

3. If the performance achieved or intended by the official authority or official is related to a procurement procedure, grants or auctions called by the public authorities, the individual and, where appropriate, the person concerned shall be imposed on the society, association or organisation to which I represent the penalty of disqualification to obtain grants and public aid, to contract with entities, bodies or entities that are part of the public sector and to benefit from benefits or incentives Tax and Social Security for a period of three to seven years. "

Hundredth twenty-fifth.

Article 425 is amended, which will have the following wording:

" When bribery will be in criminal cause for the sake of the inmate or another person to whom he is linked in a stable way by analogous relationship of affectivity, or of any ascendant, descendant or brother by nature, by adoption or related in the same grades, the bribe shall be imposed from six months to one year. "

Hundredth twenty-sixth.

Article 426 is amended, which will have the following wording:

" It shall be exempt from penalty for the offence of co-fact the particular that, having occasionally accessed the application for gift or other remuneration made by authority or public official, I shall denounce the fact to the authority that has the duty to make inquiries before the opening of the procedure, provided that no more than two months have elapsed since the date of the facts. '

Hundredth twenty-seventh.

Article 427 is amended, which will have the following wording:

" 1. The provisions of the preceding Articles shall also apply where the facts are imputed or affect the officials of the European Union or the national officials of another Member State of the Union.

For these purposes, it is understood that it is an official of the European Union:

1. any person who has the status of an official or a staff member employed within the meaning of the Staff Regulations of officials of the European Communities or of the Conditions of Employment of other servants of the European

;

2. any person placed at the disposal of the European Union by the Member States or by any public or private body which carries on them functions equivalent to those exercised by officials or other servants of the Union European;

3. the members of bodies established in accordance with the Treaties establishing the European Communities and the staff of those bodies, in so far as the Staff Regulations of Officials of the European Communities European or the Conditions of Employment of other servants of the European Union shall not apply to them.

It shall also be understood as a national official of another Member State of the Union that has this status for the purposes of the application of criminal law of that Member State.

2. Where, in accordance with Article 31a, a legal person is responsible for the offences referred to in this Chapter, the following penalties shall be imposed:

a) Multa of two to five years, or triple to five years of the profit obtained when the resulting amount is higher, if the offence committed by the natural person has a prison term of more than five years.

(b) Multa of one to three years, or double to quadruple of the benefit obtained when the resulting amount is higher, if the offence committed by the natural person is intended to be a penalty of more than two years ' imprisonment freedom not included in the previous paragraph.

c) Multa from six months to two years, or double to triple the benefit obtained if the resulting amount is higher, in the rest of the cases.

Served by the rules laid down in Article 66a, the judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g). "

Hundredth twenty-eighth.

Article 428 is amended, which is worded as follows:

" The public official or authority that influences another public official or authority by exercising the powers of his or her office or any other situation arising from his or her personal or hierarchical relationship with this or with another official or authority to obtain a judgment which may generate directly or indirectly an economic benefit for himself or for a third party, incur the prison sentences of six months to two years, a fine of the double of the the benefit sought or obtained and the special disqualification for employment or public office three to six years. If you obtain the benefit pursued, these penalties shall be imposed in your upper half. "

Hundredth twenty-ninth.

Article 429 is amended, which is worded as follows:

" The particular person who has an influence on a public official or authority making use of any situation arising out of his or her personal relationship with him or with another public official or authority to obtain a resolution that may to generate directly or indirectly an economic benefit for himself or for a third party, he shall be punished with the imprisonment of six months to two years and a fine of the same to the double of the profit pursued or obtained. If you obtain the benefit pursued, these penalties shall be imposed in your upper half. "

100th 30th.

The second paragraph is amended and a third paragraph is added to Article 430, which is worded as follows:

" When in accordance with the provisions of Article 31a of this Code, a legal person is liable for the offences listed in this Chapter, the penalty shall be imposed for a fine of six months to two years.

Served by the rules laid down in Article 66a, the judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g). "

Hundredth 30th first.

Article 436 is amended, which is worded as follows:

" The public authority or official who, acting on the basis of his or her duties in any of the acts of the public procurement procedure or in liquidations of public effects or assets, shall be concerned with the persons concerned. or use any other artifice to defraud any public entity, it will incur prison sentences of one to three years and special disablement for employment or public office for six to ten years. In particular, the authority or public official shall be subject to the same prison sentence as to those, as well as the one for disqualification to obtain grants and public aid, in order to recruit entities, bodies or entities. they are part of the public sector and to benefit from tax and social security benefits or incentives for a period of two to five years. "

Hundredth thirty second.

Article 439 is amended, which is worded as follows:

" The public authority or official who, having to intervene on the basis of his or her position in any kind of contract, subject, operation or activity, takes advantage of such circumstance to force or facilitate any form of participation, direct or by person, in such business or proceedings, will incur the term of imprisonment of six months to two years, fine of twelve to twenty-four months and special disablement for employment or public office for one to four years. "

100th 3rd 3rd.

Article 445 is amended, which will have the following wording:

" 1. Those who, by offering, undertaking or granting any undue benefit, pecuniary or other benefit, corrupt or attempted to corrupt, by themselves or by person, foreign civil servants or organisations for the benefit of such or a third party, or they shall respect their requests in this respect, in order to act or refrain from acting in connection with the exercise of public functions in order to obtain or maintain a contract or other benefit irregular in the realization of international economic activities, will be punished with the penalties from two to six years ' imprisonment and a fine of 12 to 24 months, unless the benefit obtained is greater than the amount resulting, in which case the fine shall be equal to the amount of the sum of that benefit.

In addition to the penalties identified, the person responsible for the prohibition of contracting with the public sector, as well as the loss of the possibility of obtaining grants or public aid and of the right to enjoy benefits or tax and social security incentives, and the prohibition of intervening in commercial transactions of public importance for a period of seven to twelve years.

The penalties provided for in the preceding paragraphs shall be imposed in their upper half if the business object relates to humanitarian goods or services or to any other basic need.

2. Where, in accordance with Article 31a of this Code, a legal person is liable for this offence, the penalty shall be imposed for a fine of two to five years, or the penalty of three times the amount of the benefit obtained if the amount result was higher.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7).

3. For the purposes of this Article, a foreign public official is understood to:

(a) Any person holding a legislative, administrative or judicial position in a foreign country, both by appointment and by choice.

(b) Any person exercising a public function for a foreign country, including a public body or a public undertaking.

c) Any official or agent of a public international organization. "

Hundredth thirty-fourth.

Article 451 (a) of the ordinal 3 is amended, which is worded as follows:

" (a) That the covert fact be constitutive of treason, murder of the King, of any of his ascendants or descendants, of the Queen consort or of the consort of the Queen, of the Regent or of any member of the Regency, or of the Crown Prince of the Crown, genocide, crimes against humanity, crime against persons and property protected in the event of armed conflict, rebellion, terrorism, homicide, piracy, trafficking in human beings or illegal trafficking of organs. "

Hundredth thirty-fifth.

Article 468 (2) is amended, which is worded as follows:

" 2. In any event, the prison sentence of six months to one year shall be imposed on those who have broken a penalty of those referred to in Article 48 of this Code or a precautionary or security measure of the same nature imposed in criminal proceedings in which the the offence is one of the persons referred to in Article 173.2, as well as to those who have broken the measure of probation. '

Hundredth thirty-sixth.

The ordinal 2. of item 515 is deleted.

Hundredth 30th.

Article 516 is deleted.

100th 8th.

The heading of Chapter V of Title XXII of Book II is amended, which is worded as follows:

"Of the possession, trafficking, and deposition of weapons, ammunition, or explosives"

Hundredth 30th ninth.

The headings of Sections I and II of Chapter V of Title XXII of Book II are deleted, and Articles 563 to 570 are maintained in that Chapter and the remainder shall be incorporated into the new Chapter VII.

100th 40th.

Orordinals 1. and 3. of paragraph 1 and paragraph 2 of Article 566 are amended, which are worded as follows:

" 1. Those who manufacture, place on the market or establish deposits of arms or ammunition not authorised by law or the competent authority shall be punished:

1. No. If it is weapons or munitions of war or chemical or biological weapons or anti-personnel mines or cluster munitions, with the imprisonment of five to ten years the promoters and organizers, and with the prison of three Five years after which they have cooperated in their training.

2. º [...]

3. The same penalties shall be punishable, in their respective cases, for the trafficking of weapons or ammunition of war or of defence, or of chemical or biological weapons or of anti-personnel mines or cluster munitions.

2. The penalties referred to in point 1 of the previous paragraph shall be imposed on those who develop or use chemical or biological weapons or anti-personnel mines or cluster munitions, or initiate military preparations for their use or do not destroy them with infringement of international treaties or conventions in which Spain is a party. "

100th 41st.

Article 567 (1) and (2) are amended, as follows:

" 1. Weapons of war are considered to be the manufacture, marketing or possession of any such weapons, regardless of their model or class, even if they are in disassembled parts. It is considered to be the repository of chemical or biological weapons or anti-personnel mines or cluster munitions manufacturing, placing on the market or holding them.

The arms depot, on its marketing side, comprises both the acquisition and the disposal.

2. Weapons of war are considered to be determined as such in the national defense regulatory provisions. Chemical or biological weapons, anti-personnel mines or cluster munitions are considered as such in the international treaties or conventions in which Spain is a party.

It is understood by the development of chemical or biological weapons, anti-personnel mines or cluster munitions any activity consisting of research or study of a scientific or technical nature aimed at the creation of a new chemical or biological weapon, anti-person mine or cluster ammunition or the modification of a pre-existing one. '

Hundredth forty second.

A Chapter VI is added to Title XXII of Book II, which shall comprise Articles 570 bis, 570 ter and 570 quater and shall have the following heading:

"From criminal organizations and groups"

Hundredth forty third.

Article 570 a is added, which is worded as follows:

" 1. Those who promote, constitute, organize, coordinate or direct a criminal organization shall be punished with the imprisonment of four to eight years if the latter has the purpose or object of the commission of serious crimes, and with the penalty of (a) imprisonment of three to six years in other cases; and those who participate actively in the organisation, become part of it or cooperate economically or in any other way with the organisation shall be punished with prison sentences of two to five years if he has as an end the commission of serious crimes, and with the imprisonment of one to three years in the others cases.

For the purposes of this Code it is understood by criminal organization the grouping formed by more than two persons in a stable or indefinite time, that in a concerted and coordinated manner various tasks are repaired or functions to commit crimes, as well as to carry out repeated misconduct.

2. The penalties provided for in the preceding number shall be imposed in their upper half when the organisation:

a) consists of a large number of people.

b) have weapons or dangerous instruments.

(c) have advanced technological means of communication or transport which, by their nature, are particularly suitable to facilitate the execution of the offences or the impunity of the culprits.

If two or more of those circumstances are present, the upper penalties will be imposed in grade.

3. The penalties provided for in this Article shall be imposed in their upper half if the offences are against the life or integrity of the persons, the freedom, the freedom and the sexual indemnity or the trafficking in human beings. "

Hundredth 44th.

Article 570 b is added, which is worded as follows:

" 1. Those who constitute, finance or integrate a criminal group will be punished:

(a) If the purpose of the group is to commit crimes of those mentioned in paragraph 3 of the previous article, with the penalty of two to four years in prison if it is one or more serious crimes and one to three years in prison if These are less serious crimes.

b) With the penalty of six months to two years in prison if the group's purpose is to commit any other serious crime.

c) With the penalty of three months to one year of imprisonment in the case of committing one or more of the less serious offences not covered by paragraph (a) or repeated misconduct, the penalty should be imposed in the latter case its lower half, except that the purpose of the group is the repeated perpetration of the absence provided for in Article 623, in which case it may be imposed in its entirety.

For the purposes of this Code it is understood by criminal group the union of more than two persons who, without gathering any or some of the characteristics of the criminal organization as defined in the previous article, has for purpose or for the purpose of the concerted perpetration of offences or the concerted and repeated commission of faults.

2. The penalties provided for in the preceding number shall be imposed in their upper half when the group:

a) consists of a large number of people.

b) have weapons or dangerous instruments.

(c) have advanced technological means of communication or transport which, by their nature, are particularly suitable to facilitate the execution of the offences or the impunity of the culprits.

If two or more of those circumstances are present, the highest penalties shall be imposed. "

Hundredth forty-fifth.

The item 570 quater is added, which is worded as follows:

" 1. The judges or courts, in the cases provided for in this Chapter, shall agree to the dissolution of the organisation or group and, where appropriate, any other of the consequences of Article 31a of this Code.

2. It will also impose on those responsible for the conduct described in the previous two articles, in addition to the penalties provided for, the special disablement for all those economic activities or legal businesses related to the the activity of the criminal organisation or group or with its action within the organisation or group, for a period of more than six to twenty years for the duration of the penalty of deprivation of liberty imposed where appropriate, on the basis of the the seriousness of the offence, the number of the tasks and the circumstances of the offender.

In any event, where the conduct provided for in those articles is included in another provision of this Code, the provisions of Rule 4 (4) shall apply.

3. The provisions of this Chapter shall apply to any criminal organisation or group carrying out any criminal act in Spain, even if they have been established, settled or engaged in activities abroad.

4. The judges or courts, reasoning in the judgment, may impose on the person responsible for any of the offences provided for in this Chapter the lower penalty in one or two degrees, provided that the subject has voluntarily abandoned his activities criminal and have actively collaborated with the authorities or their agents, either to obtain decisive evidence for the identification or capture of other persons responsible or to prevent the action or development of the organisations or groups to which the belonged, either to prevent the perpetration of a crime that will be tried in the breast or through of such organizations or groups. "

Hundredth forty-sixth.

A Chapter VII is created in Title XXII of Book II, which shall comprise Articles 571 to 580 and shall have the following heading:

"Of terrorist organizations and groups and terrorist crimes"

Hundredth forty-seventh.

Section 1 of Chapter VII of Title XXII of Book II, which shall comprise Article 571 and shall have the following heading:

"From terrorist organizations and groups"

Hundredth forty-eighth.

Article 571 is amended, which is worded as follows:

" 1. Those who promote, constitute, organize or lead a terrorist organization or group shall be punished with prison sentences of eight to fourteen years and special disablement for employment or public office for eight to fifteen years.

2. Those who participate actively in or form part of the organisation or group shall be punished by imprisonment of six to twelve years and a special disqualification for employment or public office for six to fourteen years.

3. For the purposes of this Code, terrorist organisations or groups shall be considered to be groups which, together with the characteristics set out in the second subparagraph of Article 570 (1) (1) and the second subparagraph of the Article 570 (1) shall be intended to subvert the constitutional order or to seriously alter public peace by perpetrating any of the offences provided for in the following Section. "

100th 40th ninth.

Section 2. of Chapter VII of Title XXII of Book II is hereby established, which shall comprise Articles 572 to 580 and shall have the following heading:

"From Terrorism Crimes"

100th fiftieth.

Article 572 is amended, which is worded as follows:

" 1. Those belonging to, acting in the service of, or collaborating with, terrorist organisations or groups commit the crime of damage or fire, as defined in Articles 346 and 351 respectively, shall be punishable by imprisonment of 15 to 15. 20 years, without prejudice to the appropriate penalty if injury occurs for the life, physical integrity or health of the persons.

2. Those who belong, acting in the service or collaborating with the terrorist organisations or groups against the people, will incur:

1. º In the prison sentence of twenty to thirty years if they cause the death of a person.

2. º In the prison sentence of fifteen to twenty years if they cause injuries of those provided for in Articles 149 and 150 or will kidnap a person.

3. In the prison sentence of ten to fifteen years if they cause any other injury or stop illegally, they will threaten or coerce a person.

3. If the facts are carried out against the persons referred to in Article 551 (2) or against members of the Armed Forces, the Forces and the State Security Corps, the Police of the Autonomous Communities or the local Entes, will impose the penalty on its top half. "

100th fiftieth first.

Article 574 is amended, which is worded as follows:

" Those who belong, acting in the service or collaborating with terrorist organizations or groups, commit any other infraction with any of the purposes set forth in Article 571 (3), shall be punished with the penalty indicated to the offence or missing executed in its upper half. "

100th fiftieth second.

Article 576 is amended, which is worded as follows:

" 1. He shall be punished with prison sentences of five to ten years and fine of eighteen to twenty-four months for which he carries out, recesses or facilitates any act of collaboration with the activities or purposes of an organization or terrorist group.

2. Acts of collaboration with the information or surveillance of persons, property or facilities; the construction, the conditioning, the disposal or the use of accommodation or deposits; the concealment or transfer of persons linked to organizations or terrorist groups; the organisation of training practices or assistance to them, and, in general, any other equivalent form of cooperation, aid or mediation, economic or otherwise, with the activities of those organisations; or terrorist groups.

Where the information or surveillance of persons referred to in the preceding paragraph endangers the life, physical integrity, freedom or heritage of persons, the penalty provided for in paragraph 1 shall be imposed in its half above. If the risk is to be executed, the event will be punished as co-authorship or complicity, as the case may be.

3. The same penalties provided for in Article 1 of this Article shall be imposed on those who carry out any activity of recruitment, indoctrination, training or training, aimed at the incorporation of others into a terrorist organisation or group or the perpetration of any of the offences provided for in this Chapter. "

100th fiftieth third.

Article 576a is added, which is worded as follows:

" 1. The person who, by any means, directly or indirectly, provides or collects funds with the intention of being used, or knowing that they will be used, in whole or in part, to commit any of the crimes included in this Chapter or for make them reach an organization or group of terrorists, will be punished with prison sentences of five to ten years and fine of eighteen to twenty-four months.

If the funds were to be used for the execution of specific terrorist acts, the event would be punished as co-authorship or complicity, as the case may be, provided that it was a greater penalty.

2. The fact that it is specifically subject to the law to collaborate with the authority in the prevention of the activities of financing of the terrorism of place, for imprudence serious in the fulfillment of these obligations, that it is not detected or prevented any of the conduct described in the first paragraph of this Article shall be punishable by a penalty of less than one or two degrees to that provided for therein.

3. Where, in accordance with Article 31a of this Code, a legal person is responsible for the offences referred to in this Article, the following penalties shall be imposed:

a) Multa from two to five years, if the offence committed by the natural person has a prison term of more than five years.

b) Multa from one to three years, if the offence committed by the natural person has a penalty of more than two years imprisonment not included in the previous paragraph.

Served by the rules laid down in Article 66a of this Code, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

100th fiftieth quarter.

Article 579 is amended, which is worded as follows:

" 1. The provocation, the conspiracy and the proposal to commit the offences referred to in Articles 571 to 578 shall be punishable by a lower penalty of one or two degrees, respectively, to the facts provided for in the Articles above.

Where it is not included in the preceding paragraph or in another precept of this Code that establishes greater penalty, distribution or public dissemination by any means of messages or slogans directed to provoke, encourage or encourage the perpetration of any of the crimes foreseen in this chapter, generating or increasing the risk of its effective commission, will be punished with the penalty of six months to two years of imprisonment.

2. Those responsible for the offences provided for in this Chapter, without prejudice to the penalties corresponding to the preceding articles, shall also be punished with the penalty of absolute disqualification for a period of more than six to twenty years. years for the duration of the penalty of deprivation of liberty imposed in his case at the sentence, in proportion to the seriousness of the offence, the number of the tasks and the circumstances of the offender.

3. Those sentenced to a serious custodial sentence for one or more offences included in this Chapter will also be charged with the measure of probation for five to ten years, and one to five years if the custodial sentence is less serious. Notwithstanding the foregoing, in the case of a single offence which is not a serious offence committed by a primary offender, the Court may or may not impose the measure of freedom monitored in the light of the author's least danger.

4. In the offences provided for in this section, the judges and courts, reasoning in judgment, may impose the lower penalty in one or two degrees to that indicated by the law for the offence in question, when the subject has voluntarily abandoned his or her criminal activities and present to the authorities confessing the facts in which they have participated, and in addition actively collaborate with them to prevent the production of the crime or to contribute effectively to the obtaining of decisive tests for the identification or capture of other persons responsible or to prevent action or development of terrorist organisations or groups to which it has belonged or with which it has collaborated. '

100th fiftieth fifth.

The initial paragraph 1 of Article 607 is amended, which is worded as follows:

" 1. Those who, for the purpose of totally or partially destroying a national, ethnic, racial, religious or disability group of their members, shall carry out any of the following acts, shall be punished:

[...] "

100th fiftieth sixth.

Point 1. of Article 607 (1) is amended, which is worded as follows:

" 1. No reason for the victim's membership of a group or collective persecuted for political, racial, national, ethnic, cultural, religious, gender, disability or other universally recognized reasons such as unacceptable under international law. "

100th fiftieth seventh.

Add the ordinal 8. º and 9. º to article 611, which will have the following wording:

" 8. DECLARE ABOLISHED, suspended or inadmissible before a Judge or Tribunal the rights and actions of the nationals of the adverse party.

9. º Against the sexual freedom of a protected person committing acts of rape, sexual slavery, induced or forced prostitution, forced pregnancy, forced sterilization or any other form of sexual assault. "

100th fiftieth.

Orordinals 3. º and 4. º are modified and ordinal 8. º, 9. º and 10. º to article 612 are added, with the following wording:

" 3. Deure seriously, deprive or do not procure the necessary food or the necessary medical assistance to any protected person or make it subject to humiliating or degrading treatment, omit to inform you, without delay justified and (a) to ensure that, in the event of a situation, collective punishment is imposed by individual acts or violates the provisions on the accommodation of women and families or on the special protection of women and children established in international treaties; that Spain was a party and, in particular, recruited or enlisted under eighteen years of age or use them to participate directly in hostilities.

4. Misuse the protective or distinctive signs, emblems or signs established and recognized in international treaties in which Spain is a party, especially the distinctive signs of the Red Cross, of the Media Red Moon and Red Crystal.

8. Do intentionally hunger to the civilian population as a method of war, depriving it of the essential goods for their survival, including the fact of arbitrarily hindering relief supplies, made in accordance with the Geneva Conventions and their Additional Protocols.

9. º Viole suspension of arms, armistice, capitulation or other agreement concluded with the adverse party.

10. Inintentionally direct attacks against any member of United Nations personnel, associated personnel or participants in a peacekeeping or humanitarian assistance mission, in accordance with the Charter of the United Nations, provided that they have the right to protection granted to persons or civil goods, in accordance with the international law of armed conflicts, or threaten them with such an attack to compel a natural or legal person to perform or refrain from carrying out some act. "

100th fiftieth ninth.

Article 613 is amended, which is worded as follows:

" 1. It will be punishable by imprisonment of four to six years that, on the occasion of an armed conflict, make or order any of the following actions:

(a) Attack or object of retaliation or acts of hostility against cultural goods or places of worship which constitute the cultural or spiritual heritage of the peoples, provided that such goods or places are not situated in the immediate proximity of a military objective or not used in support of the adversary's military effort and are duly signposted;

(b) improperly use cultural goods or places of worship referred to in point (a) in support of military action;

(c) Large-scale appropriation, theft, looting or vandalism against cultural goods or places of worship referred to in point (a);

(d) Attack or object of retaliation or of acts of hostility to civil property of the adverse party, causing its destruction, provided that this does not, in the circumstances of the case, offer a defined military advantage or that such goods do not effectively contribute to the military action of the adversary;

e) Attack, destroy, subtract or inuse the goods indispensable for the survival of the civilian population, unless the adverse party uses such goods in direct support of military action or exclusively as a means of subsistence for members of their armed forces;

f) Attack or object of retaliation to works or installations containing dangerous forces, where such attacks may result in the release of those forces and cause, as a result, significant losses in the civilian population, unless such works or facilities are used in regular, important and direct support of military operations and that such attacks are the only feasible means of terminating such support;

g) Destroy, damage or take over, without military necessity, of things that do not belong to you, force another to deliver them or perform any other acts of pillage;

(h) Require, improperly or unnecessarily, movable or immovable property in occupied territory or destroy non-military vessels or aircraft, and their cargo, of an adverse or neutral party or the capture, with violation of international standards applicable to armed conflicts at sea;

i) Attack or acts of hostility against the facilities, materials, units, private residence or vehicles of any member of the staff referred to in the ordinal 10. º of Article 612 or threaten such attacks or acts of hostility to force a natural or legal person to perform or refrain from performing any act.

2. Where the attack, the retaliation, the act of hostility or the misuse of the goods are subject to cultural objects or places of worship under special protection or to which protection has been conferred under special agreements or goods Buildings or places of worship under enhanced protection or immediate surroundings, the upper penalty may be imposed in grade.

In the other cases provided for in the preceding paragraph of this Article, the higher penalty may be imposed in the case where extensive and significant destruction is caused in the goods, works or installations on which they are placed. or in the case of extreme gravity. "

100th 60th.

Article 614 is amended, which is worded as follows:

" Which, on the occasion of an armed conflict, makes or orders to carry out any other violations or acts contrary to the requirements of the international treaties in which Spain is a party and relating to the conduct of the of hostilities, regulation of the means and methods of combat, protection of the wounded, sick and shipwrecked, treatment due to prisoners of war, protection of the civil persons and protection of cultural goods in case of conflict armed, will be punished with the imprisonment of six months to two years. "

100th 60th first.

Article 615 is amended, which is worded as follows:

"The provocation, the conspiracy and the proposal for the execution of the offences provided for in the previous chapters of this Title shall be punished with the lower penalty in one or two degrees to which it would correspond to them."

Hundredth sixty second.

Article 616 is amended, which is worded as follows:

" In the case of any of the offences included in the previous Chapters of this Title, except those provided for in Article 614 and paragraphs 2 and 6 of 615a, and in the previous Title by an authority or public official, shall be imposed, in addition to the penalties mentioned in them, the absolute disablement for ten to twenty years; if it is a particular one, the judges and courts may impose the special disablement on them for employment or office public for one to ten years. "

Hundredth sixty third.

A Chapter V is added to Title XXIV of Book II, which shall comprise Articles 616b and 616c and shall have the following heading:

" CHAPTER V

Piracy offense

Hundredth sixty-fourth.

Article 616b is added, which is worded as follows:

" Which, with violence, intimidation or deception, takes over, damages or destroys an aircraft, vessel or other type of vessel or platform at sea, or atents to persons, cargo or goods that are on board will be punished as an inmate of the crime of piracy with the imprisonment of ten to fifteen years.

In any case, the penalty provided for in this article shall be imposed without prejudice to those corresponding to the crimes committed. "

Hundredth sixty-fifth.

Article 616c is added, which is worded as follows:

" 1. The person who, on the occasion of the prevention or pursuit of the facts provided for in the preceding article, shall resist or disobey a warship or military aircraft or other vessel or aircraft which bears clear signs and is identifiable as a vessel or aircraft at the service of the Spanish State and authorized for that purpose, shall be punishable by imprisonment of one to three years.

2. If force or violence were used in the previous conduct, ten to fifteen years of imprisonment would be imposed.

3. In any event, the penalties provided for in this Article shall be without prejudice to the penalties for the offences committed. "

100th sixth.

Paragraph 1 is amended and a new paragraph 5 is added to Article 623, with the following wording:

" 1. Those who commit theft, if the value of the stolen was not exceeded 400 euros. In cases of repeated perpetration of this fault, the permanent location penalty shall be imposed in any case. In the latter case, the Judge may provide in judgment that the permanent location be fulfilled on Saturdays, Sundays and public holidays in the prison nearest to the domicile of the penalty, in accordance with the provisions of the second paragraph of Article 37.1.

To appreciate the reiteration, the number of violations committed, whether or not they have been prosecuted, and the temporary proximity of them will be taken into account.

5. Those who carry out the facts described in the second paragraph of Articles 270.1 and 274.2, where the benefit is not more than EUR 400, unless one of the circumstances prevented in Articles 271 and 276, respectively, is present. '

Hundredth sixtieth seventh.

Article 626 is amended, which is worded as follows:

" Those who lack movable or private property in the public or private domain, without the proper authorization of the Administration or its owners, will be punished with the permanent location of two to six days or three days. nine days of work for the benefit of the community. "

Hundredth sixtieth.

Article 631 is amended, which is worded as follows:

" 1. Owners or custodians of ferocious or harmful animals that will be left loose or in conditions of causing evil will be punished with the penalty of one to two months.

2 Those who leave a domestic animal in conditions where their life or integrity may be endangered shall be punishable by a fine of 15 days to two months. "

Hundredth sixty-ninth.

The second paragraph of the second provision of the Criminal Code is amended, which is worded as follows:

" Also, in the cases in which the Judge or Tribunal agrees to the special disqualification for the exercise of the parental authority, the reception, the guardian, the conservatorship, or the deprivation of the parental authority will inform him of immediate to the public entity which in the respective territory is entrusted with the protection of minors and the Public Prosecutor's Office to act in accordance with their respective powers. "

Additional disposition first.

References to the Second Section of Chapter V of Title XXII of Title XXII of Book II in Articles 76 and 93 of the Criminal Code shall be construed as references to offences relating to organisations and groups terrorists and terrorist offences of Chapter VII of Title XXII of Book II of that Code.

The references made to the terrorist offences of Section II of Chapter V of Title XXII of Book II, or committed within criminal organizations, in Articles 78, 90 and 91 of the Criminal Code, are shall be construed as offences relating to terrorist organisations and groups and terrorist offences of Chapter VII of Title XXII of Book II of that Code, or committed within organisations or criminal groups.

The expression "armed bands" of Articles 90, 170, 505, 573, 575, 577 and 580 of the Criminal Code is deleted.

Additional provision second. Electronic fault-logging system.

The Government, in collaboration with the Autonomous Communities with competence in the matter, will establish within one year an electronic system of registration for the faults.

First transient disposition. Applicable legislation.

1. The offences and offences committed up to the day of the entry into force of this Law will be judged in accordance with the penal legislation in force at the time of its commission. Notwithstanding the foregoing, this Law shall apply, once it enters into force, if the provisions of the Act are more favourable to the inmate, even if the facts have been committed prior to its entry into force.

2. For the determination of the most favorable law, it will take into account the penalty that would correspond to the fact that the law is applied to the application of the full rules of the current Code and the reform contained in this Law.

3. In any case, the inmate will be heard.

Second transient disposition. Reviewing statements.

1. The General Council of the Judicial Branch, in the field of the powers conferred on it by Article 98 of the Law of the Judicial Branch, may assign one or more of the Criminal Courts or sections of the Provincial Hearings dedicated to the regime of exclusivity to the execution of criminal sentences the review of the firm sentences handed down before the validity of this Law.

Such judges or courts will proceed to review the firm sentences and in which the penalty is effectively serving the penalty, applying the most favourable provision considered taxatively and not for the exercise of the arbitration. judicial. In the custodial sentences, this law will not be considered more favorable when the duration of the previous penalty imposed in the event with its circumstances is also taxable according to this reform of the Code. It is excepted that this Law contains for the same fact the alternative provision of a non-custodial sentence; in such case, the sentence must be reviewed.

2. The judgments in which the penalty is suspended shall not be reviewed, without prejudice to the failure to do so in the event that the suspension is revoked and prior to the effective enforcement of the suspended sentence.

The same rule applies if the penalty is in the probation period.

The judgments in which, in accordance with the previous wording of the articles of the Code and the present reform, are not to be reviewed, shall not be reviewed.

3. The sentences in which the sentence is executed or suspended will not be reviewed, even if they are pending to execute other pronouncements of the judgment, as well as the ones already executed, without prejudice to the Judge or Court that in the future (a) may be taken into account for the purpose of reoffending; it must be examined in advance whether the fact of the offence has ceased to be a crime or that it may correspond to a lesser penalty than that imposed on its day, in accordance with this Law.

4. In the case of partial pardoning, the judgments shall not be reviewed where the resulting penalty found in compliance with the sentence is contained in a lower taxable amount in respect of this Law.

Transitional provision third. Rules of invocation of applicable resource regulations.

In judgments given in accordance with the legislation that is repealed and which are not firm for pending appeal, the following rules shall be observed after the vacancy period has elapsed:

(a) If this is an appeal, the parties may invoke and the Judge or Court shall apply the precepts of the new law of their own motion, when they are more favourable to the reous.

b) If this is an appeal, not yet formalized, the appellant may point out the legal infractions based on the precepts of the new law.

c) If, in the case of an appeal, an appeal is being brought, it shall be passed back to the appellant, either on its own initiative or at the request of a party, for the term of eight days, in order to adapt, if it considers it appropriate, the grounds of appeal. alleged to the precepts of the new law, and of the modified resource will be instructed the interested parties, the prosecutor and the magistrate, continuing the processing according to the law.

Final disposition first. Amendment of the Criminal Procedure Act.

The second subparagraph of Article 263 a (1), Article 282 a (4) and Article 796 (1.7) are amended, and a new Article 367 septies is added to the Criminal Procedure Act in the following:

One. The second subparagraph of Article 263 a (1) is amended, which is read as follows:

" The movement or supervised delivery of equipment, materials and substances referred to in Article 371 of the Criminal Code may also be authorized for the goods and profits referred to in Article 301 of the Code. that Code in all cases provided for therein, as well as for the goods, materials, objects and animal and plant species referred to in Articles 332, 334, 386, 399 bis, 566, 568 and 569, also of the Criminal Code. '

Two. Article 282a (4) is amended and read as follows:

" 4. For the purposes referred to in paragraph 1 of this Article, the association of three or more persons shall be regarded as organised crime to carry out, on a permanent or repeated basis, conduct which is intended to commit one or more of the The following crimes:

(a) Offences for obtaining, illicit trafficking in human organs and transplantation of human organs, as provided for in Article 1515a of the Criminal Code.

b) Abduction of persons provided for in Articles 164 to 166 of the Criminal Code.

c) Crime of human trafficking as provided for in Article 177 bis of the Criminal Code.

(d) Crimes relating to prostitution provided for in Articles 187 to 189 of the Criminal Code.

(e) Crimes against the Heritage and against the socio-economic order provided for in Articles 237, 243, 244, 248 and 301 of the Criminal Code.

(f) Crimes relating to intellectual and industrial property provided for in Articles 270 to 277 of the Criminal Code.

g) Crimes against the rights of workers provided for in Articles 312 and 313 of the Criminal Code.

(h) Crimes against the rights of foreign citizens provided for in Article 318 bis of the Criminal Code.

i) Traffic offences of endangered flora or fauna species as provided for in Articles 332 and 334 of the Criminal Code.

j) Crime of nuclear and radioactive material provided for in Article 345 of the Criminal Code.

k) Public health offences provided for in Articles 368 to 373 of the Criminal Code.

(l) Crimes against counterfeiting, provided for in Article 386 of the Criminal Code, and falsification of credit or debit cards or travel checks provided for in Article 399 bis of the Criminal Code.

m) Crime of trafficking and deposition of arms, ammunition or explosives provided for in Articles 566 to 568 of the Criminal Code.

n) Terrorism offences as provided for in Articles 572 to 578 of the Criminal Code.

(o) Crimes against the historical heritage provided for in Article 2.1.e of the Organic Law 12/1995 of December 12, of repression of contraband. "

Three. A new article 367 septies is added with the following wording:

" The Judge or Court, at the request of the Prosecutor's Office, may entrust the location, conservation, administration and realization of the effects, goods, instruments and proceeds from criminal activities committed in the framework of a criminal organization to an Office of Asset Recovery.

This Office shall have the consideration of Judicial Police, and its organization and operation, as well as its powers to carry out or with the collaboration of other entities or persons the functions of conservation, administration and implementation referred to in the preceding subparagraph shall be regulated.

Likewise, the judicial authority may agree that, with due guarantees for its conservation and while the procedure is substance, the object of the seizure, if it were lawful, may be used provisionally by the Office of Recovery of Assets or, through it, by any other unit of the Judicial Police responsible for the repression of organized crime.

The product of the performance of the effects, goods, instruments and profits referred to in this paragraph may be wholly or partially allocated in a definitive manner, in the terms and in the procedure that it regulates. are established, to the Office for the Recovery of Assets and to the organs of the Fiscal Ministry responsible for the repression of the activities of criminal organizations.

The National Drug Plan will act as an office for the recovery of assets in the area of its jurisdiction, in accordance with the provisions of this Law, the Penal Code and other laws and regulations that regulate. "

Four. Paragraph 1.7. of Article 796 is amended as follows:

" 7. The practice of alcohol testing will be in accordance with the provisions of road safety legislation.

Testing for the presence of toxic drugs, narcotic drugs and psychotropic substances in drivers of motor vehicles and mopeds will be carried out by trained traffic police officers. specific and also subject to the provisions of the road safety rules. When the salivary indiciary test, which the driver must undergo, either tests positive or the driver shows signs of having consumed the substances referred to, he shall be obliged to supply saliva in sufficient quantity, which will be analysed in approved laboratories, ensuring the chain of custody.

Any driver may request a contrast test consisting of blood, urine or other similar tests. When these tests are carried out, it will be necessary for the health personnel to do so to refer the result to the Court of Guard by the quickest means and, in any case, before the day and time of the summons to which the rules refer above. "

Final disposition second. Amendment of the Organic Law 1/1982 of 5 May, of civil protection of the right to honor, personal and family intimacy and the image itself.

A new paragraph four is added to the fourth article and a new paragraph eight to the seventh article, and the ninth article of the Organic Law 1/1982, of 5 May, of civil protection of the right to honor, to privacy is amended personal and family and to the image itself, in the following terms:

One. A new paragraph 4 is added to the fourth article, which is worded as follows:

" Four. In the case of unlawful interference in the rights of victims of a crime referred to in Article 7 (8), it shall be entitled to exercise the protection actions offended or harmed by the offence committed, has or has not exercised criminal or civil action in the preceding criminal proceedings. In any case, the Prosecutor's Office will also be legitimized. In the case of death, the provisions of the preceding paragraphs shall apply. '

Two. A new paragraph 8 is added to the seventh article, which is worded as follows:

" Eight. The use of the offence by the sentenced person in a firm criminal sentence to obtain public notoriety or to obtain economic benefit, or the disclosure of false information on criminal offences, where this would undermine the dignity of the victims. "

Three. Article 9 is amended, which shall be worded as follows:

" One. Judicial protection against unlawful interference in the rights referred to in this Law may be obtained by the ordinary procedural means or by the procedure provided for in Article 53.2 of the Constitution. It may also be brought, where appropriate, to the appeal before the Constitutional Court.

Two. Judicial protection shall include the adoption of all the measures necessary to end the unlawful interference in question, and in particular those necessary for:

(a) The restoration of the injured party to the full enjoyment of his rights, with the declaration of the interference suffered, the immediate cessation of the same and the replacement of the previous state. In the event of an interference in the right to honour, the restoration of the right to be infringed shall include, without prejudice to the right of reply by the legally intended procedure, the publication in full or in part of the judgment at the expense of the condemned with at least the same public broadcast as the interference suffered.

b) Prevent imminent or subsequent intrusion.

c) Compensation for damages caused.

d) The appropriation by the injured party of the profit obtained with the illegitimate interference in their rights.

These measures shall be without prejudice to the precautionary protection necessary to ensure their effectiveness.

Three. The existence of injury shall be presumed whenever unlawful interference is established. The compensation shall be extended to the moral damage, which shall be assessed in the light of the circumstances of the case and the seriousness of the injury actually produced, for which account shall be taken, where appropriate, of the dissemination or hearing of the medium through which the has produced.

Four. The amount of the compensation for the moral damage, in the case of the first three paragraphs of the fourth article, shall correspond to the persons referred to in paragraph 2 and, failing that, to their successors in the proportion in which the judgment is given. considers that they have been affected. In the case of Article 6, compensation shall be understood as being in the inheritance of the injured party.

In the case of paragraph four of the fourth article, the compensation shall be for the offence or wrongdoers who have exercised the action. If the Prosecutor's Office has exercised it, the Prosecutor's Office may apply for compensation for all those injured who have been duly identified and have not expressly renounced it.

Five. Protection actions against illegitimate interference will expire four years after the legitimation was able to exercise them. "

Final disposition third. Amendment of the Organic Law 6/1985, of July 1, of the Judiciary.

Paragraph 1 (b) of Article 65 of the Organic Law 6/1985, of July 1, of the Judiciary, which will have the following wording:

"b) Counterfeiting of currency and manufacturing of false credit and debit cards and false traveler's checks, as long as they are committed by criminal organizations or groups."

Final disposition fourth. Competency enablement.

The precepts of this Law are dictated by article 149.1.6. of the Constitution.

Final disposition fifth. Precepts of ordinary character.

This Law has an organic character, except for Section Three of the first provision, for which an article 367 septies is added to the Law of Criminal Procedure, which shall have an ordinary law.

Final disposition sixth. Incorporation of European Union law.

In this Law the following European Union rules are incorporated into Spanish law:

Council Framework Decision 003 /568/JHA of 22 July 2003 on the fight against corruption in the private sector.

Council Framework Decision 2004 /68/JHA of 22 December 2003 on the fight against the sexual exploitation of children and child pornography.

Council Framework Decision 2004 /757/JHA of 25 October 2004 on the establishment of minimum requirements for the constituent elements of offences and penalties applicable in the field of illicit drug trafficking.

Council Framework Decision 2005 /212/JHA of 24 February 2005 on the confiscation of products, instruments and goods related to crime.

Council Framework Decision 2005 /222/JHA of 24 February 2005 on attacks against information systems.

Council Framework Decision 2008 /919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on the fight against terrorism.

Council Framework Decision 2002/629/JHA of 19 July 2002 on the fight against trafficking in human beings.

Directive 2008 /99/EC of the European Parliament and of the Council of 19 December 2008 on the protection of the environment through criminal law.

Directive 2003 /6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse).

Final disposition seventh. Entry into force.

This Organic Law will enter into force six months after its complete publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 22 June 2010.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO