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.

EXPLANATORY STATEMENT

I

Gender-based violence is not a problem that affects the private sector. On the contrary, it manifests itself as the most brutal symbol of the inequality that exists in our society. It is a violence that is directed at women by the very fact of being considered, by their aggressors, lacking the minimum rights of freedom, respect and capacity for decision.

Our Constitution incorporates in its article 15 the right of all to life and physical and moral integrity, without in any case being subjected to torture or inhuman or degrading treatment or punishment. In addition, our Magna Carta continues, these rights bind all public authorities and only by law can their exercise be regulated.

The United Nations at the 4th World Conference in 1995 recognized that violence against women is an obstacle to achieving the goals of equality, development and peace and violates and undermines the enjoyment of women. human rights and fundamental freedoms. It also broadly defines it as a manifestation of the historically unequal power relations between women and men. There is already a technical definition of the maltreated woman's syndrome, which consists in " the aggression suffered by women as a consequence of the sociocultural conditions that act on the male and female gender, placing it in a position of subordination to man and manifested in the three basic areas of the person's relationship: mistreatment within the relationships of partners, sexual assault in social life and harassment in the workplace. "

In the Spanish reality, the aggressions on women have a special impact, today there is a greater awareness than in previous times about this, thanks, in good measure, to the effort made by the organizations of women in their fight against all forms of gender-based violence. It is no longer an "invisible crime," but produces a collective rejection and evident social alarm.

II

Public authorities cannot be oblivious to gender-based violence, which is one of the most flagrant attacks on fundamental rights such as freedom, equality, life, security and non-discrimination proclaimed in the our Constitution. Those same public authorities have, in accordance with the provisions of Article 9.2 of the Constitution, the obligation to take positive action measures to make these rights real and effective by removing obstacles that prevent or hinder their fullness.

In recent years, legislative advances have been made in the Spanish law on the fight against gender-based violence, such as the Organic Law 11/2003, of September 29, of Concrete Measures in the Field of Security Citizen, Domestic Violence and Social Integration of Foreigners; Organic Law 15/2003, of 25 November, amending the Organic Law 10/1995, of 23 November, of the Penal Code, or Law 27/2003, of July 31, regulating the Order of Protection of Victims of Domestic Violence; in addition to the laws passed by various Autonomous Communities, within their area of competence. All of them have been involved in different civil, criminal, social or educational areas through their respective policies.

The Law seeks to address the recommendations of international organizations in the sense of providing a comprehensive response to the violence that is exercised over women. In this respect, the Convention on the Elimination of All Forms of Discrimination on Women of 1979; the United Nations Declaration on the Elimination of Violence on Women, proclaimed in December 1993 by the United Nations, can be cited. General Assembly; Resolutions of the last International Summit on Women held in Beijing in September 1995; Resolution WHO49.25 of the World Health Assembly declaring violence as a priority public health problem proclaimed in 1996 by the WHO; the European Parliament's report of July 1997; the resolution of the United Nations Human Rights Commission of 1997; and the 1999 Declaration as the European Year of the Fight Against Gender Violence, among others. Very recently, Decision No 803 /2004/EC of the European Parliament adopting a programme of Community action (2004-2008) to prevent and combat violence against children, young people and women and to protect women victims and risk groups (Daphne II programme), has established the position and strategy of the representatives of the Union's citizens in this respect.

The scope of the Law covers both preventive, educational, social, care and post-victim care aspects, such as civil legislation that affects the family or co-existence where it is mainly (a) the measures to be taken, as well as the principle of subsidiarity in public administrations. Similarly, the punitive response that must receive all the manifestations of violence that this Law regulates is addressed with decision.

Gender violence focuses on the Law in a comprehensive and multidisciplinary way, starting with the process of socialization and education.

The conquest of equality and respect for human dignity and the freedom of people have to be a priority objective at all levels of socialization.

The Law establishes awareness and intervention measures in the field of education. It is reinforced, with concrete reference to the field of advertising, an image that respects the equality and dignity of women. Victims are supported through the recognition of rights such as information, free legal assistance and other social protection and economic support. It therefore provides a comprehensive legal response covering both procedural rules, creating new instances, as well as substantive criminal and civil rules, including the proper training of health, police and legal operators. responsible for obtaining evidence and law enforcement.

Measures of awareness and intervention in the health field are also established to optimize the early detection and physical and psychological care of victims, in coordination with other support measures.

The situations of violence about women also affect minors within their family environment, direct or indirect victims of this violence. The law also provides for its protection not only for the protection of the rights of minors, but also to effectively guarantee the protection measures adopted in respect of women.

III

The Act is structured in a preliminary title, five titles, twenty additional provisions, two transitional provisions, one derogating provision and seven final provisions.

The general provisions of the Law that refer to its object and guiding principles are included in the preliminary title.

In Title I, measures to raise awareness, prevention and detection and intervention in different areas are identified. In education, the obligations of the system for the transmission of values of respect for the dignity of women and equality between men and women are specified. The fundamental objective of education is to provide an integral formation that allows them to form their own identity, as well as to construct a conception of reality that integrates the knowledge and ethical assessment of it.

In Secondary Education, education on equality between men and women and gender-based violence is incorporated as curricular content, incorporating in all School Councils a new member to promote measures education in favour of equality and violence against women.

In the field of advertising, this will have to respect the dignity of women and their right to an image that is not stereotyped, nor discriminatory, whether it is displayed in the public media or in the private media. On the other hand, the action of cessation or rectification of advertising is modified by legitimizing the institutions and associations that work for equality between men and women for their exercise.

In the health field, actions of early detection and assistance to victims are contemplated, as well as the application of health protocols to the attacks resulting from the violence covered by this Law, which will be transmitted to the relevant courts in order to speed up the judicial procedure. In addition, a Commission in the Interterritorial Council of the National Health System is hereby established to support technically, coordinate and evaluate the health measures laid down in the Law.

Title II on the rights of women victims of violence, Chapter I, guarantees the right of access to information and integrated social care, through permanent care services, This is an urgent and highly professional and multi-disciplinary professional. In order to assist in the implementation of these services, a Fund shall be provided to which the Autonomous Communities may access, in accordance with the objective criteria to be determined in the respective Sectoral Conference.

The right to free legal assistance is also recognized, in order to guarantee those victims with insufficient resources to litigate a legal assistance in all processes and procedures, related to the gender-based violence, in which they are a party, assuming the same legal direction of their assistance in all processes. The measure is extended to those injured in the event of the death of the victim.

Protection measures in the social field are also established, amending the Royal Legislative Decree 1/1995 of 24 March, approving the recast text of the Law of the Workers ' Statute, to justify absences from the workplace of victims of gender-based violence, enabling their geographical mobility, suspension with the reserve of the job and the termination of the contract.

In the same sense, measures are planned to support public officials who suffer forms of violence from which this Law is combated, by amending the corresponding provisions of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

Measures of economic support are also regulated, amending the Royal Legislative Decree 1/1994 of 20 June, approving the recast text of the General Law of Social Security, so that the victims of the gender-based violence entitles you to the legal status of unemployment when you voluntarily resolve or suspend your employment contract.

To ensure that victims of gender-based violence are deprived of economic resources in cases where the victim is deemed to be due to his or her age, lack of specialised general preparation, and Social circumstances are not going to substantially improve their employability, it is anticipated that they will be incorporated into the specific action programme created for the purpose of their professional integration. These aids, which will be modulated in relation to the victim's age and family responsibilities, are intended to provide minimum subsistence resources to enable the victim to become independent of the aggressor. compatible with those provided for in Law 35/1995 of 11 December 1995 on Aid and Assistance to Victims of Violent Crimes and Against Sexual Liberty.

In Title III, concerning the Institutional Tutela, we proceed to the creation of two administrative bodies. First of all, the Special Delegation of the Government against Violence on Women, in the Ministry of Labour and Social Affairs, to which it will be responsible, among other functions, to propose the Government's policy in relation to violence against women. women and coordinate and promote all the actions taken in this field, which will necessarily have to understand all those actions that will make the guarantee of women's rights effective. The State Observatory of Violence on Women is also created, as a collegiate body in the Ministry of Labour and Social Affairs, and it will have as main functions to serve as a center of analysis of the situation and evolution of the violence on women, as well as advising and collaborating with the Delegate in the elaboration of proposals and measures to eradicate this type of violence.

In its Title IV the Law introduces rules of criminal nature, which are intended to include, within the aggravated types of injuries, a specific one that increases the penal sanction when the injury occurs against whoever is or has been the wife of the author, or woman who is or has been linked to it by an analogous relationship of affectivity, even without coexistence. Minor coactions and minor threats of any kind committed against the women mentioned above will also be punished as a crime.

For citizenship, for women's collectives and specifically for those who suffer from this type of aggression, the Law wants to give a firm and forceful response and show firmness in specific criminal types.

Title V establishes the so-called Judicial Tutela to ensure an adequate and effective treatment of the legal, family and social situation of victims of gender-based violence in intra-family relationships.

From the judicial point of view, we are faced with a complex phenomenon in which it is necessary to intervene from different legal perspectives, which must be covered from the procedural and substantive rules to the provisions relating to the care of victims, which is only possible through specific legislation.

A law for the prevention and eradication of violence against women must be a law that includes procedural measures that allow for agile and summary procedures, such as that established by Law 27/2003 of July 31, but, In addition, it will cover, in civil and criminal matters, protective measures for women and their children, and for precautionary measures to be implemented as a matter of urgency.

The current, civil, penal, advertising, social and administrative regulations have many deficiencies, mainly due to the fact that a global and multidisciplinary response has not been given to this question. From a criminal point of view, the answer can never be a new tort for women.

As regards the legal measures taken to ensure an adequate and effective treatment of the legal, family and social situation of victims of violence against women in intra-family relations, the following: in accordance with the Spanish legal tradition, a formula of specialization has been chosen within the penal order, the Judges of Instruction, creating the Courts of Violence on Women and excluding the possibility of creation of a new court order or the assumption of criminal jurisdiction by the Civil Judges. These Courts shall be aware of the instruction, and, where appropriate, of the failure of the criminal cases in the field of violence against women, as well as of those related civil causes, in such a way that some and others in the first instance are the subject of procedural treatment at the same venue. This ensures the mediation guaranteed by the due process of criminal proceedings in the intervention of the fundamental rights of the alleged aggressor, without thereby reducing the legal possibilities that this Law has for the greater, more immediate and effective protection of the victim, as well as resources to avoid repeated aggression or escalation in violence.

With regard to the express regulation of the protective measures that the Judge of Gender Violence may adopt, it has been chosen for its express inclusion, since they are not included as precautionary measures in the Law of Procedure Criminal, which only regulates the prohibition of residence and that of going to a certain place for the offences referred to in Article 57 of the Penal Code (article 544a LECrim, introduced by the LO 14/1999). In addition, the temporary delimitation of these measures (when they are precautionary measures) is chosen until the end of the process. However, the possibility is added that any of these protection measures may be used as a security measure, from the beginning or during the execution of the judgment, thereby increasing the list of Article 105 of the Code. Criminal (introduced by LO 11/1999), and enabling the judge to guarantee the protection of victims beyond the end of the process.

There are rules that affect the functions of the Prosecutor's Office, through the creation of the Prosecutor against Violence on Women, which is responsible for the supervision and coordination of the Prosecutor's Office in this regard, as well as by the creation of an equivalent section in each Prosecutor's Office of the Superior Courts of Justice and of the Provincial Hearings to which they will be assigned Prosecutors with specialization in the matter. Prosecutors will intervene in criminal proceedings for the constitutive facts of crimes or offenses whose competence is attributed to the Courts of Gender Violence, as well as intervening in the civil proceedings of nullity, separation or divorce, or to cover the custody and custody of minor children in whom the spouse or children are abused.

In its additional provisions the Law carries out a thorough reform of the legal system to adapt the existing rules to the framework introduced by this text. In order to harmonise the above rules and to provide a coordinated context between the legal texts, part of the comprehensive reform has been carried out through the modification of existing rules. In this sense, the additional provisions develop the measures provided for in the article, but are directly integrated into the legislation of education, advertising, employment, social security and civil service. provisions concern, in particular, the recognition of pensions and the Fund provided for in this Law to promote comprehensive social care for victims of gender-based violence.

In the case of a transitional regime, the application of this Law extends to the procedures for processing at the time of its entry into force, although respecting the jurisdiction of the respective organs.

Finally, this Law includes in its final provisions the necessary qualifications for the normative development of its precepts.

PRELIMINARY TITLE

Article 1. Object of the Law.

1. The purpose of this Law is to act against violence which, as a manifestation of discrimination, the situation of inequality and the relations of power of men on women, is exercised by those who are or have been their spouses or those who are or have been linked to them by similar relationships of affectivity, even without coexistence.

2. This Law establishes comprehensive protection measures aimed at preventing, sanctioning and eradicating this violence and providing assistance to its victims.

3. The gender-based violence referred to in this Law includes all acts of physical and psychological violence, including assaults on sexual freedom, threats, coercion or arbitrary deprivation of liberty.

Article 2. Guiding Principles.

Through this Law, an integral set of measures aimed at achieving the following purposes is articulated:

(a) Strengthen measures to raise awareness among citizens of prevention, providing the public authorities with effective instruments in the field of education, social, health, advertising and media services.

b) Conform the rights of women victims of gender-based violence, which are enforceable in the face of public administrations, and thus ensure rapid, transparent and effective access to the services established for this purpose.

c) Reinforce to the achievement of the minimum required by the objectives of the law the social services of information, attention, emergency, support and integral recovery, as well as to establish a system for the most effective coordination of existing services at the municipal and regional level.

(d) Ensuring rights in the workplace and civil service that reconcile the requirements of the employment and public employment relationship with the circumstances of those workers or women workers who suffer from gender-based violence.

e) Ensuring economic rights for women victims of gender-based violence, in order to facilitate their social integration.

f) Establish an integral system of institutional guardianship in which the General Administration of the State, through the Special Delegation of the Government against Violence on Women, in collaboration with the State Observatory of Violence on Women, promotes the creation of public policies aimed at providing protection to victims of violence contemplated in this Law.

g) Strengthen the current criminal and procedural framework to ensure comprehensive protection, from the courts, to victims of gender-based violence.

h) Coordinate the resources and instruments of all kinds of the various public authorities to ensure the prevention of the acts of gender-based violence and, where appropriate, the appropriate punishment for those responsible.

i) Promote the collaboration and participation of entities, associations and organizations that act against gender-based violence from civil society.

j) Encourage the specialization of the professional collectives involved in the process of information, attention and protection for victims.

k) Ensure the principle of mainstreaming of measures, so that the specific needs and demands of all women victims of gender-based violence are taken into account in their implementation.

TITLE I

Awareness, prevention and detection measures

Article 3. Awareness-raising plans.

1. From the responsibility of the State Government and immediately to the entry into force of this Law, with the consequent budgetary allocation, a National Plan for Awareness and Prevention of Gender Violence will be launched, which will Minimum pick up the following items:

To introduce in the social scenario the new scales of values based on respect for fundamental rights and freedoms and equality between men and women, as well as on the exercise of tolerance and freedom within the democratic principles of coexistence, all from the perspective of gender relations.

Directed to both men and women, from community and intercultural work.

To provide a comprehensive programme of complementary training and retraining of the professionals involved in these situations.

Controlled by a broad-based Commission, which will be set up within a maximum of one month, in which the presence of the affected, the institutions, the professionals and persons of recognized prestige must be ensured social related to the treatment of these topics.

2. Public authorities, within the framework of their powers, shall also promote targeted information and awareness campaigns to prevent gender-based violence.

3. Information and awareness-raising campaigns against this form of violence will be carried out in such a way as to ensure access to those with disabilities.

CHAPTER I

In the education scope

Article 4. Principles and values of the education system.

1. The Spanish education system will include training in the respect of fundamental rights and freedoms and equality between men and women, as well as in the exercise of tolerance and freedom within the principles of the principles of education and training. democratic coexistence.

The Spanish education system will also include, within its quality principles, the elimination of obstacles to the full equality between men and women and training for conflict prevention and for the peaceful resolution of the same.

2. Child Education will contribute to the development of learning in the peaceful resolution of conflicts in childhood.

3. Primary Education will contribute to the development of students ' ability to acquire skills in the peaceful resolution of conflicts and to understand and respect gender equality.

4. Compulsory Secondary Education will contribute to the development of the ability to interact with others in a peaceful way and to know, value and respect equal opportunities for men and women.

5. The Baccalaureate and the Vocational Training will contribute to the development of the capacity to consolidate their personal, social and moral maturity, to enable them to act in a responsible and autonomous way and to analyze and assess critically the gender inequalities and foster real and effective equality between men and women.

6. The Teaching for adult persons shall include among its objectives the development of activities in the peaceful resolution of conflicts and the promotion of respect for the dignity of persons and equality between men and women.

7. Universities shall include and promote in all academic fields training, teaching and research on gender equality and non-discrimination in a transversal manner.

Article 5. Immediate schooling in the event of gender-based violence.

The competent authorities shall provide for the immediate schooling of children affected by a change of residence resulting from acts of gender-based violence.

Article 6. Promotion of equality.

In order to ensure effective equality between men and women, educational administrations will ensure that sexist or discriminatory stereotypes are eliminated in all educational materials and that they encourage equal value of men and women.

Article 7. Initial and ongoing teacher training.

The educational administrations will take the necessary steps to ensure that in the initial and permanent training plans of the teachers a specific training in the field of equality is included, in order to ensure that they acquire the required knowledge and techniques to enable them to:

(a) Education in respect of fundamental rights and freedoms and equality between men and women and in the exercise of tolerance and freedom within democratic principles of coexistence.

b) Education in conflict prevention and in the peaceful resolution of conflicts in all areas of personal, family and social life.

c) The early detection of violence in the family, especially about women and children.

d) The promotion of attitudes towards the exercise of equal rights and obligations by women and men, both in the public and private spheres, and the co-responsibility between them in the domestic sphere.

Article 8. Participation in School Councils.

The precise measures will be taken to ensure that the School Councils encourage the adoption of educational measures that promote real and effective equality between men and women. To the same end, the State School Board will ensure the representation of the Women's Institute and organizations that defend the interests of women, with implementation throughout the national territory.

Article 9. Performance of the educational inspection.

Educational inspection services shall ensure that the principles and values set out in this chapter in the education system are implemented and applied in order to promote real equality between women and men.

CHAPTER II

In the field of advertising and media

Article 10. Illicit advertising.

According to the provisions of Law 34/1988 of November 11, General of Advertising, advertising that uses the image of the woman with a vexatious or discriminatory character will be considered illegal.

Article 11.

The public body to which it is appropriate to ensure that the audiovisual media complies with its obligations shall take the measures necessary to ensure the treatment of women in accordance with constitutional principles and values, without prejudice to possible actions by other entities.

Article 12. Holders of the cessation and rectification action.

The Special Delegation of the Government against Violence on Women, the Women's Institute or equivalent body of each Autonomous Community, the Fiscal Ministry and the Associations that have as their sole objective the defense of the the interests of the woman shall be entitled to bring before the courts the action of cessation of unlawful advertising for the vexatious use of the image of the woman, in the terms of Law 34/1988, of November 11, General of Advertising.

Article 13. Media.

1. The Public Administrations will ensure that the legislation is strictly enforced as regards the protection and safeguarding of fundamental rights, with particular attention to the eradication of behaviors in favour of situations of inequality of women in all social media, in accordance with current legislation.

2. The public administration will promote self-regulation agreements that, with mechanisms of preventive and out-of-court resolution of effective controversies, contribute to the enforcement of advertising legislation.

Article 14.

The media will promote the protection and safeguarding of equality between men and women, avoiding any discrimination between them.

The dissemination of information regarding violence on women will guarantee, with the corresponding information objectivity, the defense of human rights, the freedom and dignity of women victims of violence and their children. In particular, special care will be taken in the graphic processing of information.

CHAPTER III

In Healthcare

Article 15. Awareness and training.

1. The Health Administrations, within the Interterritorial Council of the National Health System, will promote and promote the actions of healthcare professionals for the early detection of gender-based violence and propose measures that (a) consider necessary in order to optimise the contribution of the health sector in the fight against this type of violence.

2. In particular, programmes of awareness and ongoing training of health personnel will be developed to improve and promote the early diagnosis, care and rehabilitation of women in situations of gender-based violence. which refers to this Law.

3. The competent educational authorities shall ensure that in the curricular areas of the degrees and diplomas, and in the specialization programmes of the socio-health professions, content directed to the training is incorporated for prevention, early detection, intervention and support for victims of this form of violence.

4. A comprehensive prevention and intervention section on gender-based violence will be included in the National Health Plans.

Article 16. Interterritorial Council of the National Health System.

Within the Interterritorial Council of the National Health System, within one year of the entry into force of this Law, a Commission against gender-based violence will be established to support technically and planning the health measures referred to in this chapter, assessing and proposing the necessary measures for the implementation of the health protocol and any other measures which are deemed necessary for the health sector to contribute to the eradication of this form of violence.

The Commission against Gender Violence of the Interterritorial Council of the National Health System will be composed of representatives of all Autonomous Communities with competence in the field.

The Commission will issue an annual report to be sent to the State Observatory on Women's Violence and to the Interterritorial Council plenary session.

TITLE II

Women's rights victims of gender violence

CHAPTER I

Right to information, comprehensive social assistance and free legal assistance

Article 17. Guarantee of the rights of victims.

1. All women victims of gender-based violence, regardless of their origin, religion or any other personal or social conditions or circumstances, are guaranteed the rights recognized in this Law.

2. Information, comprehensive social assistance and legal assistance to victims of gender-based violence, in the terms of this chapter, contribute to making their constitutional rights to physical integrity real and effective, and moral, to freedom and security and to equality and non-discrimination on the basis of sex.

Article 18. Right to information.

1. Women victims of gender-based violence have the right to receive full information and appropriate advice to their personal situation, through the services, agencies or offices that the Public Administrations can provide.

This information shall include the measures referred to in this Law relating to its protection and security, and the rights and aids provided for therein, as well as the reference to the place of provision of care services, emergency, comprehensive support and recovery.

2. It will ensure, through the necessary means, that women with disabilities victims of gender-based violence have comprehensive access to information on their rights and on existing resources. This information shall be provided in an accessible and comprehensible format to persons with disabilities, such as sign language or other communication modalities or options, including alternative and increased systems.

3. They will also use the means necessary for women victims of gender-based violence who, for their personal and social circumstances, may have a greater difficulty in providing comprehensive access to information, effective exercise of this right.

Article 19. Right to comprehensive social care.

1. Women victims of gender-based violence have the right to social services of care, emergency, support and reception and comprehensive recovery. The organization of these services by the Autonomous Communities and the Local Corporations will respond to the principles of permanent attention, urgent action, specialization of benefits and multidisciplinary professional.

2. Multidisciplinary care will involve especially:

a) Information to the victims.

b) Psychological care.

c) Social support.

d) Tracking the claims of women's rights.

e) Educational support to the family unit.

f) Preventive training in the values of equality aimed at their personal development and the acquisition of skills in non-violent conflict resolution.

g) Support for job training and insertion.

3. The services will adopt organizational formulas that, due to the specialization of their personnel, due to their characteristics of convergence and integration of actions, guarantee the effectiveness of these principles.

4. These services will act in coordination and in collaboration with the Security Corps, the Judges of Violence on Women, the health services and the institutions responsible for providing legal assistance to victims, in the geographical area. corresponding. These services may ask the Judge for urgent measures they deem necessary.

5. They will also have the right to comprehensive social assistance through these social services, the minors who are under the parental authority or guardian and custody of the person who has been assaulted. To this end, social services must have staff specifically trained to care for minors, in order to prevent and effectively prevent situations that may involve psychological and physical harm to children living in the country. in family settings where gender-based violence exists.

6. In the instruments and procedures for cooperation between the General Administration of the State and the Administration of the Autonomous Communities in the matters governed by this Article, commitments shall be included for the General government of the State, of financial resources specifically referred to the provision of services.

7. The equality bodies shall guide and assess the programmes and actions to be carried out and shall issue recommendations for their improvement.

Article 20. Legal assistance.

1. Women who are victims of gender-based violence who have insufficient resources to litigate, in the terms of Law 1/1996, of 10 January, of Free Legal Assistance, have the right to free defense and representation. Lawyer and Procurator in all processes and administrative procedures that have direct or indirect cause in the violence suffered. In these cases, the same lawyer will assume the victim's defense. This right shall also be assisted in the case of the death of the victim. In any event, legal, free and specialised defence shall be guaranteed immediately to all victims of gender-based violence who so request, without prejudice to the fact that they are not subsequently recognised as having the right to legal assistance. free, they must pay the lawyer the fees due for their intervention.

2. In any case, in the case of ensuring the protection and legal assistance to victims of gender-based violence, it shall be carried out in accordance with the provisions of Law 1/1996 of 10 January of Free Legal Assistance.

3. The Bar Association, when it requires specialization courses for the exercise of its own office, shall ensure a specific training which assists the professional exercise of an effective defence in the field of gender-based violence.

4. Likewise, the Bar Association shall take the necessary measures for the urgent designation of a lawyer of its own office in the proceedings to be followed by gender-based violence.

CHAPTER II

Employment rights and social security benefits

Article 21. Labor and Social Security Rights.

1. The worker victim of gender-based violence will be entitled, in the terms laid down in the Workers ' Statute, to the reduction or rearrangement of her working time, to geographical mobility, to the change of the workplace, to the suspension of the employment relationship with a job reserve and the termination of the contract of employment.

2. Under the terms of the General Law on Social Security, the suspension and termination of the contract of employment provided for in the previous paragraph shall give rise to legal unemployment. The time of suspension shall be deemed to be an effective contribution period for the purposes of social security and unemployment benefits.

3. Companies that form contracts of interinity to replace female victims of gender-based violence who have suspended their employment contract or have exercised their right to geographical mobility or to change their work centre will have the right to an allowance of 100 per 100 of the business quotas to the Social Security for common contingencies, for the entire period of suspension of the worker replaced or for six months in the cases of geographical mobility or change of work centre. When re-incorporation occurs, it will be performed under the same conditions at the time of the work contract suspension.

4. The absence or absence of punctuality to the work motivated by the physical or psychological situation arising from gender-based violence shall be considered justified, when the social services of health care or services are determined, according to (a) proceed, without prejudice to the fact that such absences are communicated by the worker to the undertaking as soon as possible.

5. Female self-employed victims of gender-based violence who cease their activities to make their protection effective or their right to comprehensive social assistance shall be suspended from the obligation of contribution for a period of six months, which shall be deemed to be of effective contribution for the purposes of the Social Security benefits. Likewise, your situation will be considered as being assimilated to the high.

For the purposes of the preceding paragraph, a quotation basis shall be taken equivalent to the average of the bases listed during the six months prior to the suspension of the obligation to list.

Article 22. Specific programme of employment.

In the framework of the Employment Plan of the Kingdom of Spain, a specific action programme will be included for victims of gender-based violence registered as jobseekers.

This program will include measures to encourage the start of a new self-employed activity.

Article 23. Accreditation of situations of gender-based violence against women workers.

The situations of violence that result in the recognition of the rights regulated in this chapter will be credited with the protection order in favor of the victim. Exceptionally, it shall be the title of accreditation of this situation, the report of the Ministry of Public Prosecutor's Office indicating the existence of indications that the applicant is a victim of gender-based violence until the protection order is issued.

CHAPTER III

Rights of public officials

Article 24. Scope of rights.

The female victim of gender-based violence shall be entitled to the reduction or rearrangement of her working time, to the geographical mobility of the workplace and to the excess in the terms to be determined in her specific legislation.

Article 25. Justification for any failure to attend.

Total or partial absences to work motivated by the physical or psychological situation arising from gender-based violence suffered by a female officer will be considered justified in terms of their determination. specific legislation.

Article 26. Accreditation of situations of gender-based violence against female officials.

The accreditation of the circumstances that give rise to the recognition of the rights of geographical mobility of the workplace, excess, and reduction or reordering of the working time, will be carried out in the established terms in Article 23.

CHAPTER IV

Economic rights

Article 27. Social aid.

1. Where victims of gender-based violence have no higher income, on a monthly basis, at 75 per 100 of the minimum inter-branch wage, excluding the proportional share of two extraordinary payments, they shall receive a single payment payment, provided that it is presumed that due to their age, lack of general or specialised preparation and social circumstances, the victim will have particular difficulties in obtaining a job and for that reason he will not participate in the employment programmes established for their professional integration.

2. The amount of this aid will be equivalent to six months ' unemployment benefit. Where the victim of violence against women was officially recognised as being in a disability equal to or greater than 33 per 100, the amount would be equivalent to 12 months of unemployment benefit.

3. These aids, financed from the general budget of the State, will be granted by the competent authorities in the field of social services. In the processing of the concession procedure, a report of the Public Employment Service referred to the predictability of the circumstances referred to in paragraph 1 of this Article shall be incorporated into the application of the It does not have a substantial impact on improving the employability of the victim.

The concurrency of the circumstances of violence shall be credited in accordance with the provisions of Article 23 of this Law.

4. In the event that the victim has family responsibilities, his or her amount may be equal to that of 18 months ' allowance, or 24 months if the victim or any of the family members who live with her are officially recognised as having a disability in a degree equal to or greater than 33 per 100, in terms of the development provisions of this Law.

5. Such aid shall be compatible with any of the aid provided for in Law 35/1995 of 11 December 1995 on Aid and Assistance to Victims of Violent Crime and Sexual Freedom.

Article 28. Access to housing and public residences for the elderly.

Women victims of gender-based violence will be considered priority groups in access to protected housing and public housing for the elderly, in terms of the applicable legislation.

TITLE III

Institutional Guardianship

Article 29. The Special Delegation of the Government Against Violence on Women.

1. The Special Delegation of the Government against Violence on Women, attached to the Ministry of Labour and Social Affairs, will formulate public policies in relation to gender-based violence to be developed by the Government, and will coordinate and promote how many actions are carried out in this field, working in collaboration and coordination with the administrations with competence in the field.

2. The head of the Special Delegation of the Government against Violence on Women will be entitled to the courts to intervene in defense of the rights and interests in this Law in collaboration and coordination. with the Administrations with competence in the field.

3. The range and specific functions of the holder of the Special Delegation of the Government against Violence on Women will be determined.

Article 30. State Observatory of Violence on Women.

1. The State Observatory on Women's Violence will be set up as a collegiate body attached to the Ministry of Labour and Social Affairs, which will be responsible for advising, evaluating, institutional collaboration, reporting and studies, and proposals for action in the field of gender-based violence. These reports, studies and proposals will consider in particular the situation of women at higher risk of gender-based violence or with greater difficulties in accessing services. In any event, the data contained in those reports, studies and proposals shall be reported disaggregated by sex.

2. The State Observatory on Women's Violence shall forward to the Government and the Autonomous Communities, on an annual basis, a report on the development of violence against women in the terms referred to in Article 1 of the Treaty. This Law, with the determination of the criminal types that have been applied, and the effectiveness of the measures agreed for the protection of victims. The report will also highlight the needs for legal reform in order to ensure that the implementation of the protection measures adopted can ensure the maximum level of protection for women.

3. It shall determine its functions, its operating system and its composition, in which it shall ensure, in any event, the participation of the Autonomous Communities, the local authorities, the social partners, the associations of consumers and users, and women's organisations with implementation throughout the territory of the State as well as the most representative employers 'and employers' organisations.

Article 31. Security forces and bodies.

1. The Government shall establish, in the State Security Forces and Corps, units specialized in the prevention of gender-based violence and in the control of the enforcement of the judicial measures taken.

2. The Government, in order to make the protection of the victims more effective, will promote the necessary actions to ensure that the local police, in the framework of their collaboration with the State Security Forces and Forces, cooperate in securing the compliance with the measures agreed by the judicial bodies where these are some of those provided for in this Law or in Article 544a of the Criminal Procedure Act or in Article 57 of the Criminal Code.

3. The actions of the Security Forces and Corps shall take into account the Protocol of Action of the Security and Coordination Forces and Forces with the Judicial Bodies for the protection of domestic and gender-based violence.

4. The provisions of this Article shall apply in the Autonomous Communities which have police bodies that carry out the functions of protecting persons and property and the maintenance of order and the security of citizens within the autonomous territory, in the terms provided for in its Statutes, in Organic Law 2/1986 of 13 March, of Forces and Security Corps, and in its police laws, and all in order to make the protection of victims more effective.

Article 32. Collaborative plans.

1. The public authorities shall draw up cooperation plans to ensure the management of their actions in the prevention, assistance and prosecution of acts of gender-based violence, which must involve the health authorities, the Administration of Justice, Security Forces and Bodies and social services and equality bodies.

2. In the development of these plans, action protocols will be articulated to determine the procedures that will ensure a comprehensive and comprehensive action of the different administrations and services involved, and to guarantee the probative activity in the processes to follow.

3. Administrations with health powers shall promote the implementation, continuous updating and dissemination of protocols containing uniform guidelines for health action, both in the public and private sphere, and in particular the Protocol approved by the Interterritorial Council of the National Health System.

Such protocols will boost prevention, early detection and continued intervention with women who are subjected to or at risk of gender-based violence.

The protocols, as well as referring to the procedures to be followed, will make express reference to the relations with the Administration of Justice, in cases where there is a finding or suspicion of physical or physical damage. Psychological damage caused by these attacks or abuses.

4. The actions provided for in this article will take a special look at the situation of women who, due to their personal and social circumstances, may be at greater risk of gender-based violence or greater difficulties in accessing the services provided for in this Law, such as those belonging to minorities, immigrants, those in a situation of social exclusion or women with disabilities.

TITLE IV

Criminal Protection

Article 33. Suspension of penalties.

The second subparagraph of Article 83 (1) of the Penal Code, in the wording given by the Organic Law 15/2003, is worded as follows:

"If any crimes related to gender-based violence are concerned, the Judge or Court shall in any event determine the suspension of the obligations or duties provided for in the first, second and fifth of this paragraph."

Article 34. Commission of offences during the period of suspension of the penalty.

Article 84 (3) of the Penal Code, in the wording given by Organic Law 15/2003, is worded as follows:

" 3. In the event that the penalty suspended outside the prison by the commission for crimes related to gender-based violence, the violation by the inmate of the obligations or duties provided for in the rules 1., 2. and 5. Article 83 shall determine the revocation of the suspension of the execution of the sentence. "

Article 35. Substitution of penalties.

The third paragraph of Article 88 (1) of the Penal Code, in the wording given by Organic Law 15/2003, is worded as follows:

" 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. 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. "

Article 36. Protection against injury.

Article 148 of the Criminal Code is amended as follows:

" The injuries provided for in paragraph 1 of the previous article may be punishable by imprisonment of two to five years, taking into account the result or risk produced:

1. "No" if weapons, instruments, objects, means, methods or forms, specifically dangerous for the life or health, physical or mental, of the injured person were used.

2. º If you have mediated ensing or ale-vosia.

3. º If the victim is less than twelve years old or incapable.

4. º If the victim is or has been a wife, or a woman who is or has been linked to the author by an analogous relationship of affectivity, even without coexistence.

5. º If the victim is an especially vulnerable person who lives with the author. "

Article 37. Protection against ill-treatment.

Article 153 of the Criminal Code is worded as follows:

" 1. That by any means or procedure I shall cause another psychic impairment or an injury not defined as a crime in this Code, or I will strike or mistreat work to another without causing injury, when the offended is or has been a wife, or woman who is or has been linked to it by an analogous relationship of affectivity even without coexistence, or especially vulnerable person who coexists with the author, will be punished with the imprisonment of six months to one year or of works in benefits of the community of Thirty-one to eighty days and, in any case, deprivation of the right to the holding and carrying of weapons of one year and one day to three years, and, where the Judge or the Court considers it appropriate to the interest of the child or incapable, disqualification for the exercise of parental authority, guardianship, curatelle, guardian or shelter for up to five years.

2. If the victim of the offence provided for in the previous paragraph is one of the persons referred to in Article 173.2, except the persons referred to in the preceding paragraph of this Article, the author shall be punished with the imprisonment of three months to one year or of work for the benefit of the community of thirty-one to eighty days and, in any case, deprivation of the right to the holding and carrying of weapons of one year and one day to three years, as well as, when the Judge or the Court considers it appropriate to the interest of the minor or incapable, disablement for the exercise of parental authority, guardianship, curatelle, guardian or Six months to three years.

3. The penalties provided for in paragraphs 1 and 2 shall be imposed in their upper half where the offence is committed in the presence of minors, or using weapons, or takes place at the common address or at the victim's home, or is broken down by a penalty of those referred to in Article 48 of this Code or a precautionary or security measure of the same nature.

4. Notwithstanding the foregoing paragraphs, the Judge or the Court, reasoning in judgment, in the light of the personal circumstances of the author and the concurrent in the performance of the event, may impose the lower penalty to a degree. "

Article 38. Protection against threats.

Three paragraphs, numbered 4, 5 and 6, are added to Article 171 of the Penal Code, which will have the following wording:

" 4. He who in a mild manner threatens whoever is or has been his wife, or woman who is or has been linked to him by an analogous relationship of affectivity even without coexistence, shall be punished with the imprisonment of six months to one year or of works for profit of the community of thirty-one to eighty days and, in any case, deprivation of the right to the holding and carrying of weapons of one year and one day to three years, as well as, when the Judge or Court considers it appropriate to the interest of the minor or incapable, disablement special for the exercise of the fatherland power, guardianship, curatela, guardian or shelter for up to five years.

Same penalty will be imposed on a person who in a mild way threatens a particularly vulnerable person who lives with the author.

5. The person who, in a minor manner, threatens with weapons or other dangerous instruments to any of the persons referred to in Article 173.2, except those referred to in the preceding paragraph of this Article, shall be punished with the imprisonment of three persons. months to one year or works on benefits of the community of thirty-one to eighty days and, in any case, deprivation of the right to the holding and carrying of weapons of one to three years, as well as, when the Judge or Court considers it appropriate to the interest of the minor or unable, special disablement for the exercise of the fatherland power, guardianship, curatelle, guardian or reception for a period of six months to three years.

The penalties provided for in paragraphs 4 and 5 shall be imposed, in their upper half where the offence is committed in the presence of minors, or takes place at the common address or at the victim's domicile, or is broken down by a penalty of those referred to in Article 48 of this Code or a precautionary or security measure of the same nature.

6. By way of derogation from paragraphs 4 and 5, the Judge or the Court, acting in judgment, in the light of the personal circumstances of the author and the persons involved in carrying out the event, may impose the lower penalty to a degree. "

Article 39. Protection against coactions.

The current content of Article 172 of the Criminal Code is numbered as paragraph 1 and a paragraph 2 is added to that article with the following wording:

" 2. He who in a mild manner coerced whoever is or has been his wife, or woman who is or has been linked to him by an analogous relationship of affectivity, even without coexistence, will be punished with the imprisonment of six months to one year or of works in the benefit of the community of thirty-one to eighty days and, in any case, deprivation of the right to the holding and carrying of weapons of one year and one day to three years, and, where the Judge or the Court considers it appropriate to the interest of the child or incapable, Special disablement for the exercise of the fatherland power, guardianship, curatelle, guardian or shelter for up to five years.

The same penalty will be imposed on a person who is particularly vulnerable to a person who lives with the author.

The penalty will be imposed in its upper half when the crime is perpetrated in the presence of minors, or takes place in the common home or in the victim's home, or is carried out in violation of the sentence of the article 48 of this Code or a precautionary or security measure of the same nature.

Notwithstanding the foregoing paragraphs, the Judge or Court, reasoning in judgment, in consideration of the personal circumstances of the author and the concurrent in the performance of the event, may impose the lower penalty to grade. "

Article 40. Violation of conviction.

Article 468 of the Criminal Code is amended as follows:

" 1. Those who break their sentence, security measure, prison, precautionary measure, driving or custody will be punished with the imprisonment of six months to one year if they are deprived of liberty, and with the penalty of fine of twelve to twenty-four months in other cases.

2. In any event, the sentence of imprisonment 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 on criminal proceedings in the the offence is one of the persons referred to in Article 173.2. '

Article 41. Protection against minor vexations.

Article 620 of the Criminal Code is worded as follows:

" They will be punished with the penalty of fine from ten to twenty days:

1. Those who in a mild way threaten another with weapons or other dangerous instruments, or take them out in quarrel, as is not in fair defense, except that the fact is constitutive of crime.

2. º. Those who cause another threat, coercion, injury or unfair abuse of a minor nature, unless the fact is a crime.

The facts described in the above two numbers will only be pursued by denunciation of the aggrieved person or his legal representative.

In the assumptions of the number 2. º of this article, when the offence is one of the persons referred to in Article 173.2, the penalty shall be that of permanent location of four to eight days, always in different domicile and away from that of the victim, or works for the benefit of the community of five to ten days. In such cases, the complaint referred to in the preceding paragraph of this Article shall not be required except for the prosecution of the injury. "

Article 42. Prison administration.

1. The prison administration will carry out specific programs for inmates convicted of crimes related to gender-based violence.

2. The Treatment Boards shall assess, in grade progressions, grant of permits and grant of conditional release, the monitoring and use of such specific programmes by the inmates referred to in paragraph 1. previous.

TITLE V

Judicial Protection

CHAPTER I

From the Courts of Violence on Women

Article 43. Territorial organization.

An article 87a is added in the Organic Law 6/1985, of July 1, of the Judiciary, with the following wording:

" 1. In each party there will be one or more Courts of Violence on Women, based in the capital of that and jurisdiction in all its territorial scope. They shall take their designation of the municipality of their headquarters.

2. Notwithstanding the foregoing, the Court of Violence on Women may exceptionally be established to extend its jurisdiction to two or more parties within the same province.

3. The General Council of the Judiciary may agree, after a report by the Chambers of Government, that, in those constituencies where it is appropriate in accordance with the existing workload, the knowledge of the cases referred to in Article 87 ter of this Organic Law, corresponds to one of the Courts of First Instance and Instruction, or of Instruction in his case, determining in this situation that one of these Organs only knows of all these matters within the judicial party, either exclusively or knowing other subjects as well.

4. In judicial parties where there is a single Court of First Instance and Instruction it shall be the one who assumes the knowledge of the matters referred to in Article 87b of this Law. "

Article 44. Competence.

An article 87 ter is added in the Organic Law 6/1985, of July 1, of the Judiciary, with the following wording:

" 1. The Courts of Violence on Women will know, in the criminal order, in any case with the procedures and resources provided for in the Law of Criminal Procedure, of the following assumptions:

(a) The instruction of the proceedings to require criminal liability for the offences listed in the titles of the Penal Code relating to homicide, abortion, injury, injury to the fetus, crimes against freedom, crimes against the moral integrity, against sexual freedom and indemnity or any other offence committed with violence or intimidation, provided that they have been committed against whoever is or has been his wife, or woman who is or has been linked to the author by analogy relationship of affectivity, even without coexistence, as well as of the duties on the descendants, or of the wife or survivor, or of the minors or incapable of living with it or who are subject to the power, guardianship, curatelle, welcoming or de facto guardian of the wife or survivor, when there has also been an act of gender-based violence.

(b) The instruction of the proceedings to require criminal liability for any crime against family rights and duties, where the victim is one of the persons referred to as such in the letter above.

(c) The adoption of the corresponding protection orders to the victims, without prejudice to the powers conferred on the Judge of the Guard.

(d) The knowledge and failure of the faults contained in Titles I and II of book III of the Criminal Code, where the victim is one of the persons referred to as such in point (a) of this paragraph.

2. The Courts of Violence on Women may know in civil order, in any case in accordance with the procedures and resources provided for in the Law of Civil Procedure, of the following matters:

(a) The parentage, maternity and paternity.

b) The nullity of marriage, separation and divorce.

c) Those that deal with parental relationships.

(d) Those with the aim of adopting or modifying measures of family importance.

e) Those who are exclusively about the guardian of children and children or of food claimed by one parent against the other in the name of children and children.

f) Those who deal with the need for adoption consent.

g) Those that are the object of opposition to administrative resolutions on child protection.

3. The Courts of Violence on Women shall have exclusive and exclusive jurisdiction in civil order when the following conditions are met simultaneously:

(a) In the case of a civil process which has for object any of the matters referred to in paragraph 2 of this Article.

(b) that any part of the civil proceedings is a victim of acts of gender-based violence, in the terms referred to in paragraph 1 (a) of this Article.

c) That any part of the civil process be imputed as an author, inducer or cooperator required in the conduct of acts of gender-based violence.

(d) That criminal proceedings have been initiated before the Judge of Violence on Women for the offence or misconduct resulting from an act of violence on women, or a protective order has been adopted for a victim of violence against women. gender.

4. Where the Judge appreciates that the acts brought to his attention, in a notorious manner, do not constitute an expression of gender-based violence, he may admit the claim, referring it to the competent judicial body.

5. In all of these cases mediation is closed. "

Article 45. Resources in criminal matters.

A new ordinal is added 4. º to article 82.1 of the Organic Law 6/1985, of July 1, of the Judiciary, with the following wording:

" From the resources established by the law against the resolutions in criminal matters handed down by the Province's Courts of Violence on Women. In order to facilitate the knowledge of these resources, and taking into account the number of existing cases, one or more of its sections must be specified in accordance with Article 98 of the said Organic Law. This specialization will be extended to those cases in which the Provincial Court is responsible for the prosecution in the first instance of cases instructed by the Province's Court of Violence on Women. "

Article 46. Resources in civil matters.

A new paragraph is added to Article 82.4 in the Organic Law 6/1985, of July 1, of the Judiciary, with the following wording:

" The Provincial Hearings will also be aware of the resources established by the law against the resolutions handed down in civil matters by the Province's Court of Violence on Women. In order to facilitate the knowledge of these resources, and taking into account the number of existing cases, one or more of its sections may be specified in accordance with Article 98 of the said Organic Law. "

Article 47. Training.

The Government, the General Council of the Judiciary and the Autonomous Communities, within the scope of their respective competences, shall ensure a specific training on equality and non-discrimination on grounds of sex and on gender-based violence in the training courses of Judges and Magistrates, Prosecutors, Judicial Secretaries, Forces and Security Corps and Medical Physicians. In any case, the disability approach of the victims will be introduced in the previous training courses.

Article 48. Jurisdiction of the Courts.

Article 4 (1) of Law 38/1988, of 28 December, of Demarcation and Judicial Plant is amended, which is worded as follows:

" 1. The Courts of First Instance and Instruction and the Courts of Violence on Women have jurisdiction in the territorial scope of their respective party.

Notwithstanding the above, and given the geographical, location and population circumstances, Courts of Violence on Women may be set up to serve more than one judicial party. "

Article 49. Seat of the Courts.

Article 9 of Law 38/1988 of 28 December of Demarcation and Judicial Plant is amended, which is worded as follows:

"The Courts of First Instance and Instruction and the Courts of Violence on Women are based in the capital of the party."

Article 50. Plant of the Courts of Violence on Women.

An article 15a is added in Law 38/1988, of December 28, of Demarcation and Judicial Plant, with the following wording:

" 1. The initial plant of the Courts of Violence on Women will be set out in Annex XIII of this Law.

2. The completion of the initial plant and the subsequent development shall be carried out by Royal Decree in accordance with Article 20 of this Law and shall comply with the following criteria:

(a) You may create a Trial of Violence on Women in those judicial parties in which the workload so advises.

b) In those judicial parties in which, in the light of the volume of cases, the development of the judicial plant is not considered necessary, some of the Courts of Instruction and First Instance may be transformed Operating Instruction in the Courts of Violence on Women.

(c) In addition, where it is considered, in the light of the workload, that the creation of a specific judicial body is not necessary, it shall be determined, if there are several, that the Court of Instruction or of First Instance and Instruction, take on the knowledge of the subjects of violence on women in the terms of Article 1 of the Organic Law of Comprehensive Protection Measures against Gender Violence with exclusive character along with the rest of the criminal or civil jurisdiction, depending on the nature of the body in question.

3. The Courts of Violence on Women who are based in the capital of the province and the other Courts that are established in Annex XIII of this Law shall be served by Magistrates. "

Article 51. Places served by Magistrates.

Article 21 (2) of Law 38/1988, of December 28, of Demarcation and Judicial Plant will have the following wording:

" 2. The Minister of Justice may establish that the Courts of First Instance and of Instruction or of First Instance and Instruction and the Courts of Violence on Women, be served by Magistrates, provided that they are based in a party (

) a judicial review of the law of the Court of Justice of the European Union and of the Court of Justice of the European Union;

Article 52. Constitution of the Courts.

A new article 46b is included in Law 38/1988, of December 28, of Demarcation and Judicial Plant, with the following wording:

" 1. The Government, within the framework of the General Budget Law of the State, heard by the General Council of the Judiciary and, where appropriate, the Autonomous Community concerned, will proceed in a staggered manner and through Royal Decree to the constitution, Compatibility and transformation of the Courts of Instruction and of First Instance and Instruction for the full effectiveness of the plant of the Courts of Violence on Women.

2. As long as the Autonomous Communities do not establish the seat of the Courts of Violence on Women, it shall be understood to be situated in those populations which are set out in Annex XIII to this Law. "

Article 53. Notification of judgments handed down by courts.

A new paragraph is added to Article 160 of the Criminal Procedure Act, with the following content:

"When the instruction of the cause would have corresponded to a Court of Violence on Women the judgment will be referred to it for testimony immediately, with indication of whether the same is or not firm."

Article 54. Specialties in the course of quick judgments.

A new Article 779a is added to the Criminal Prosecution Act with the following content:

" 1. In the event that the jurisdiction corresponds to the Court of Violence on Women, the proceedings and resolutions referred to in the foregoing articles shall be practiced and adopted during the hours of the hearing.

2. The Judicial Police shall carry out the citations referred to in Article 796 before the Court of Violence on Women on the nearest working day, among those that are regulated.

However, the detainee, if any, must be made available to the Court of Instruction of the Guard, to the sole purpose of regularizing his personal situation, when the presentation to the Court of Violence on Women that is competent.

3. In order to carry out the citations referred to above, the Judicial Police will determine the day and time of the appearance in coordination with the Court of Violence on Women. For these purposes, the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judiciary, will dictate the appropriate regulations to ensure this coordination. "

Article 55. Notification of judgments handed down by the Criminal Court.

A paragraph 5 is added to Article 789 of the Criminal Procedure Act, with the following content:

" 5. When the instruction of the cause would have corresponded to a Court of Violence on Women the sentence will be sent to the same by way of testimony immediately. The statement of firmness and the judgment of the second instance shall also be referred to it where the statement was revoked, in whole or in part, from the judgment previously given. "

Article 56. Specialties in the course of quick judgments in the field of faults.

A new paragraph 5 is added to Article 962 of the Criminal Procedure Act, with the following content:

" 5. In the event that the jurisdiction to know corresponds to the Court of Violence on Women, the Judicial Police will have to make the citations referred to in this article before the Court on the nearest working day. In order to carry out the citations referred to above, the Judicial Police will determine the day and time of the appearance in coordination with the Court of Violence on Women.

To these effects the General Council of the Judiciary, in accordance with the provisions of Article 110 of the Organic Law of the Judiciary, will dictate the appropriate regulations to ensure this coordination. "

CHAPTER II

Civil Procedural Rules

Article 57. Loss of objective competition when violence occurs over women.

A new article 49 bis is added in Law 1/2000, of January 7, of Civil Procedure, the wording of which is as follows:

" Article 49a. Loss of competition when violence occurs over women.

1. When a Judge, who is first meeting a civil procedure, was aware of the commission of an act of violence defined in Article 1 of the Organic Law of Comprehensive Protection Measures against Violence Gender, which has resulted in the initiation of a criminal proceedings or an order of protection, having verified the concurrence of the requirements laid down in the third paragraph of Article 87b of the Organic Law of the Judiciary, shall be inhibited, sending the cars in the state in which they are found to the Judge of Violence on Women who is competent, except the oral trial phase has been initiated.

2. When a Judge who is aware of a civil procedure, has heard of the possible commission of an act of gender-based violence, which has not resulted in the initiation of a criminal proceedings, or to issue a protection order, after verifying that The requirements of the third paragraph of Article 87b of the Organic Law of the Judicial Branch shall be met immediately, and shall immediately summon the parties to an appearance with the Ministry of Public Prosecutor's Office to be held in the following 24 hours in order to Take cognizance of how much data are relevant to the events. After that, the Prosecutor will immediately have to decide if, within 24 hours, to report the acts of gender-based violence or to request an order of protection from the Court of Violence on Women that is competent. In the event that a complaint is filed or the order of protection is requested, the Prosecutor will have to submit a copy of the complaint or application in the Court, which will continue to be aware of the case until it is, if necessary, required for inhibition. by the Judge of Violence on the Competent Woman.

3. When a Judge of Violence on Women who is aware of a criminal case for gender-based violence becomes aware of the existence of a civil process, and verifies the concurrence of the requirements of the third paragraph of Article 87b of the The Organic Law of the Judiciary, will require inhibition of the Civil Tribunal, which must immediately agree to its inhibition and the referral of the cars to the requesting organ.

For the purposes of the preceding paragraph, the order of inhibition shall be accompanied by evidence of the initiation of prior or trial proceedings, of the order of admission of the complaint, or of the order of protection adopted.

4. In the cases provided for in paragraphs 1 and 2 of this article, the Civil Tribunal shall transmit the cars to the Court of Violence on Women without application of the provisions of Article 48.3 of the Law on Civil Procedure, with the parties from that time to appear before that body.

In these cases, the remaining rules of this section will not apply, nor will they be admissible, and the parties that want to assert the jurisdiction of the Court of Violence on Women must present testimony of any of the decisions given by the Court of Justice referred to in the final paragraph of the preceding number.

5. The Courts of Violence on Women shall exercise their powers in civil matters exclusively and exclusively, and in any event in accordance with the procedures and resources provided for in the Law on Civil Procedure. "

CHAPTER III

Criminal procedural rules

Article 58. Powers in the criminal order.

Article 14 of the Criminal Procedure Act is amended, which is worded as follows:

" Out of cases that expressly and limitedly attribute the Constitution and the laws to certain Judges and Courts, they shall be competent:

1. For the knowledge and failure of the trials of faults, the Judge of Instruction, unless the jurisdiction corresponds to the Judge of Violence on the Woman in accordance with the fifth of this article. However, you will be aware of the criminal offences under Articles 626, 630, 632 and 633 of the Criminal Code, the Peace Judge of the place where they were committed. They shall also know the Judges of Peace from the judgments for offences defined in Article 620.1. and 2. º of the Criminal Code, except where the offence is any of the persons referred to in Article 173.2 of the same Code.

2. For the instruction of the causes, the Judge of Instruction of the Party in which the offence was committed, or the Judge of Violence on Women, or the Central Judge of Instruction with respect to the offences that the Law determines.

3. For the knowledge and failure of the causes for offences to which the Law indicates a custodial sentence of no more than five years or a penalty of fine whatever the amount, or any other of a different nature, are unique, joint or alternative, provided that the duration of the proceedings does not exceed 10 years, as well as for any offence, whether incidental or not, attributable to the perpetrators of these offences or to other persons, where the commission of the fault or its evidence is related to those, the Criminal Court of the Constituency where the offence was committed, or the Judge of the Criminal in the case of the District of the Court of Violence on Women, or the Central Judge of the Criminal in the field which is his or her own, without prejudice to the jurisdiction of the Judge of the Guard of the place of commission of the offence for give judgment of conformity, or of the Judge of Violence on the competent woman where appropriate, in the terms laid down in Article 801.

However, in the case of jurisdiction of the Judge of the Criminal, if the offence is of those attributed to the Jury, the knowledge and judgment shall correspond to it.

4. For the knowledge and failure of the causes in other cases the Provincial Hearing of the constituency where the offence has been committed, or the Provincial Hearing corresponding to the District of the Court of Violence on Women in its Case, or the Criminal Court of the National Court.

However, in the cases of jurisdiction of the Provincial Court, if the offence is attributed to the Tribunal of Jurors, the knowledge and judgment shall correspond to it.

5. The Courts of Violence on Women shall be competent in the following matters, in any case in accordance with the procedures and resources provided for in this Law:

(a) The instruction of the proceedings to require criminal liability for the offences listed in the titles of the Penal Code relating to homicide, abortion, injury, injury to the fetus, crimes against freedom, crimes against the moral integrity, against sexual freedom and indemnity or any other offence committed with violence or intimidation, provided that they have been committed against whoever is or has been his wife, or woman who is or has been linked to the author by analogy relationship of affectivity, even without coexistence, as well as of the duties on the descendants, or of the wife or survivor, or of the minors or incapable of living with it or who are subject to the power, guardianship, curatelle, welcoming or de facto guardian of the wife or survivor, when there has also been an act of gender-based violence.

(b) The instruction of the proceedings to require criminal liability for any crime against family rights and duties, where the victim is one of the persons referred to as such in the letter above.

(c) The adoption of the corresponding protection orders to the victims, without prejudice to the powers conferred on the Judge of the Guard.

(d) The knowledge and failure of the faults contained in Titles I and II of book III of the Criminal Code, where the victim is one of the persons referred to as such in point (a) of this paragraph. "

Article 59. Territorial jurisdiction.

A new article 15a is added to the Criminal Procedure Law, which is worded as follows:

" In the case of some of the offences or offences whose instruction or knowledge corresponds to the Judge of Violence on Women, the territorial jurisdiction shall be determined by the place of the victim's domicile, without prejudice to the adoption of the order of protection, or to the urgent measures of Article 13 of this Law which the Judge at the place of commission may adopt. '

Article 60. Competence by connection.

A new article 17a is added to the Criminal Procedure Act, which is worded as follows:

" The jurisdiction of the Courts of Violence on Women shall be extended to the instruction and knowledge of the offences and related offences provided that the connection has its origin in any of the cases provided for in the numbers 3. 4. of Article 17 of this Law. "

CHAPTER IV

Judicial measures for the protection and safety of victims

Article 61. General provisions.

1. The protection and security measures provided for in this Chapter shall be compatible with any of the precautionary and protective measures that may be taken in civil and criminal proceedings.

2. In all proceedings relating to gender-based violence, the competent Judge, on his own initiative or at the request of the victims, of the children, of the persons who live with them or are subject to their custody or custody, of the Ministry of Public Health or of the administration of which the care services are dependent on the victims or their reception, shall in any event be given an opinion on the relevance of the adoption of the precautionary and protective measures referred to in this Chapter, period, if it were to be adopted.

Article 62. Of the protection order.

Received the application for the adoption of an order of protection, the Judge of Violence on Women and, where appropriate, the Judge of the Guard, shall act in accordance with the provisions of Article 544 ter of the Law of Procedure Criminal.

Article 63. From data protection and limitations to advertising.

1. Actions and procedures related to gender-based violence will protect the privacy of victims; in particular, their personal data, those of their descendants and those of any other person under their custody or custody.

2. The competent Judges may, on their own initiative or at the request of a party, agree that the views are to be developed behind closed doors and that the proceedings be reserved.

Article 64. Of the measures of departure from the address, departure or suspension of communications.

1. The Judge may order the compulsory departure of the defendant for gender-based violence from the domicile where the family unit would have been living or has his residence, as well as the prohibition to return to it.

2. The Judge may, by way of exception, authorise the person to be protected to be aware, with an agency or a public company where he has been, and which includes, among his activities, that of the tenancy of dwellings, the permuse of the attributed use of the family housing of which they are co-owners, for the use of other housing, during the time and under the conditions to be determined.

3. The Judge may prohibit the defendant from approaching the protected person, which prevents him from approaching the protected person wherever he is, as well as approaching his or her home, his place of work or any other person who is frequented by she.

The use of instruments with the appropriate technology to immediately verify their non-compliance may be agreed.

The Judge will set a minimum distance between the defendant and the protected person who cannot be exceeded, under the warning of criminal liability.

4. The removal measure may be agreed irrespective of whether the person concerned, or those to whom it is intended to protect, has previously left the place.

5. The Judge may prohibit the defendant from any kind of communication with the person or persons indicated, under the warning of criminal liability.

6. The measures referred to in the preceding paragraphs may be agreed cumulatively or separately.

Article 65. Of the measures of suspension of the parental rights or the custody of minors.

The Judge may suspend the exercise of the parental authority or the custody and custody for the person who has been charged with violence, in respect of the minors to whom he refers.

Article 66. Of the measure of suspension of the visitation regime.

The Judge may order the suspension of visits of the defendant for gender-based violence to his descendants.

Article 67. From the measure of suspension of the right to the possession, transport and use of arms.

The Judge may agree, in respect of those indicted in crimes related to the violence referred to in this Law, the suspension of the right to the possession, bearing and use of arms, with the obligation to deposit them in the terms established by the current regulations.

Article 68. Guarantees for the adoption of the measures.

The restrictive measures of rights contained in this chapter must be adopted by means of a reasoned order in which their proportionality and necessity are assessed, and, in any event, with the intervention of the Ministry of Taxation and the respect of the principles of contradiction, hearing and defence.

Article 69. Maintenance of security and protection measures.

The measures in this chapter will be able to be maintained after the final judgment and during the processing of any resources that correspond. In this case, the maintenance of such measures must be stated in the judgment.

CHAPTER V

From the Prosecutor against Violence on Women

Article 70. Duties of the Prosecutor against Violence on Women.

An article 18c is added in Law 50/1981, of December 30, regulating the Organic Statute of the Fiscal Ministry, with the following wording:

" 1. The Attorney General of the State shall appoint, as a delegate, a Prosecutor against Violence on Women, with a category of Prosecutor of the Chamber, who shall exercise the following functions:

(a) Practice the proceedings referred to in Article 5 of the Organic Statute of the Prosecutor's Office, and intervene directly in those criminal proceedings of special importance appreciated by the Attorney General of the State, concerning offences for acts of gender-based violence covered by Article 87 ter.1 of the Organic Law of the Judiciary.

b) To intervene, by delegation of the Attorney General of the State, in the civil proceedings under Article 87 ter.2 of the Organic Law of the Judiciary.

c) Monitor and coordinate the actions of the Sections against Violence on Women, and collect reports from them, giving knowledge to the Chief Prosecutor of the Fiscalas in which they are integrated.

d) Coordinate the criteria of action of the various Fiscalas in matters of gender-based violence, for which they may propose to the Attorney General of the State the issuance of the corresponding instructions.

e) To elaborate semestrally, and to present to the Attorney General of the State, for referral to the Board of Prosecutors of the Supreme Court, and to the Fiscal Council, a report on the procedures followed and actions practiced by the Ministry of Public Health in the field of gender-based violence.

2. The appropriate action shall be taken by professionals and experts who are necessary to assist them in a permanent or occasional manner. "

Article 71. Sections against violence against women.

The second and third paragraphs of Article 18 (1) of Law 50/1981, of 30 December, regulating the Organic Statute of the Prosecutor's Office, are replaced by the following text:

" In the Office of the Prosecutor of the National Court and in each Prosecutor's Office of the Superior Courts of Justice and the Provincial Hearings, there will be a Section of Minors that will be entrusted with the functions and powers that the Fiscal Ministry attributes the Organic Law of the Criminal Responsibility of the Minors and another Section Against Violence on Women in each Prosecutor's Office of the Superior Courts of Justice and the Provincial Hearings. To these Sections, they will be assigned to the Prosecutors that belong to their respective templates, taking precedence those that for the reason of the previous functions performed, courses imparted or surpassed or for any other analogous circumstance, have specialised in this field. However, where the needs of the service so advise, they may also act in other areas or areas.

In the Fiscalas of the Supreme Courts of Justice and the Provincial Hearings, permanent members may exist that are determined to be regulated.

The following functions are attributed to the Section Against Violence on Women:

(a) To intervene in criminal proceedings for the constitutive facts of crimes or offences whose competence is attributed to the Courts of Violence on Women.

b) To intervene directly in the civil processes whose competence is attributed to the Courts of Violence on Women.

In the Section Against Violence on Women, a record of the procedures that will be followed related to these facts will have to be recorded, which will allow the prosecutors to consult when they know of a procedure from which they have the competence, to the effect in each case from the case. "

Article 72. Delegates of the Office of the Prosecutor General's Office.

A paragraph 6 is added to Article 22 of Law 50/1981 of 30 December, regulating the Organic Statute of the Fiscal Ministry, which is worded as follows:

" 6. In those Fiscalas in which the number of cases of which he knew so will advise him and whenever it is appropriate for the organization of the service, prior report of the Fiscal Council, delegates of the Head may be appointed with the purpose of assume the functions of management and coordination that are specifically entrusted to it. The organic template will determine the maximum number of head delegates that can be designated in each Prosecutor's Office. In any case, in each Prosecutor's Office there will be a Chief Executive who will assume the functions of leadership and coordination, in the terms provided for in this section, regarding violations related to gender-based violence, crimes against the environment environment, and prison surveillance, either exclusively or shared with other subjects.

Such delegates will be appointed and, where appropriate, relieved by a resolution issued by the Attorney General of the State, on a reasoned proposal from the respective Chief Prosecutor, heard by the Office of the Prosecutor General. Where the decision of the State Attorney General is at variance with the proposal of the respective Chief Prosecutor, it shall be motivated.

For the coverage of these places, it will be necessary, prior to the proposal of the corresponding Chief Prosecutor, to hold a call among the staff members. The proposal shall be accompanied by a list of the other Prosecutors who have applied for the post with the merits of the case. "

Additional disposition first. Pensions and aid.

1. Those who were convicted, by a firm judgment, by the commission of a criminal offence of murder in any of their forms or injuries, when they were offended by the offence outside their spouse or ex-spouse, would lose the status of beneficiary of the pension the appropriate information within the Public Pension System caused by the victim, unless, where appropriate, reconciliation between them.

2. To those who were convicted, by final judgment, by the commission of a criminal offence of homicide in any of their forms or injuries when the offence was their spouse or ex-spouse, or was or would have been linked to him by a (a) similar affectivity, even if there is no co-existence, will not be payable, in any case, to the orphan's pension from which his/her children may be entitled to within the Public Pension System, unless, where appropriate, he/she has been reconciliation among those.

3. It shall not be regarded as a beneficiary, as an indirect victim, of the aid provided for in Law 35/1995 of 11 December 1995 on Aid and Assistance to the Victims of Violent Crimes and Against Sexual Freedom, who was sentenced by crime of homicide in any of its forms, when the offence was her spouse or former spouse or person with whom she was or had been linked in a stable way by a similar relationship of affectivity, irrespective of her orientation during, at least, the two years prior to the date of death, unless they had been common offspring, in which case the mere coexistence is sufficient.

Additional provision second. Performance protocols.

The Government and the Autonomous Communities, which have assumed powers in the field of justice, will organize in the field that each one of them has the forensic services in order to count on units of integral forensic assessment. responsible for designing comprehensive and comprehensive action protocols in cases of gender-based violence.

Additional provision third. Amendment of the Organic Law on the Law on Education.

One. Article 2 (b) and (g) of Organic Law 8/1985 of 3 July on the Law of Education shall be worded as follows:

" (b) Training in respect of fundamental rights and freedoms, equality between men and women and in the exercise of tolerance and freedom within democratic principles of coexistence.

g) Training for peace, cooperation and solidarity between peoples and for the prevention of conflicts and for the peaceful resolution of conflicts and non-violence in all areas of personal, family and life social. "

Two. Three new letters are incorporated in Article 31 (1) of the Organic Law 8/1985 of 3 July, regulating the right to education, which will be worded as follows:

" k) Women's organizations with implementation throughout the territory of the State.

l) The Women's Institute.

m) Personalities of recognized prestige in the fight for the eradication of gender-based violence. "

Three. Article 32 (1) (e) of Organic Law 8/1985 of 3 July, which is to regulate the right to education, shall be worded as follows:

"(e) Provisions concerning the development of equal rights and opportunities and the promotion of real and effective equality between men and women in education."

Four. Article 33 (1) of the Organic Law 8/1985 of 3 July, which regulates the right to education, shall be worded as follows:

" 1. The School Board of the State shall draw up and publish annually a report on the educational system, where the various aspects of the educational system must be collected and assessed, including the possible situation of violence in the educational community. It shall also report on the measures to be taken in relation to the prevention of violence and the promotion of equality between men and women. "

Five. A new seventh indent is included in Article 56 (1) of the Organic Law 8/1985 of 3 July, regulating the right to education, with the following wording:

"-A person, elected by the members of the School Board of the Center, to promote educational measures that foster real and effective equality between men and women."

Six. A new point (m) is added to Article 57 of the Organic Law 8/1985 of 3 July, regulating the right to education, with the following wording:

"(m) Propose measures and initiatives that promote co-existence in the center, equality between men and women, and the peaceful resolution of conflicts in all areas of personal, family and social life."

Additional provision fourth. Amendment of the Organic Law of General Ordination of the Educational System.

One. Paragraph 1 (b) of Article 1 (1) of the Organic Law 1/1990 of 3 October of General Management of the Educational System is amended to read as follows:

"(b) Training in respect of fundamental rights and freedoms, equality between men and women and in the exercise of tolerance and freedom within democratic principles of coexistence."

Two. Point (e) is amended and point (l) is added to Article 2 (3) of Organic Law 1/1990 of 3 October of General Management of the Educational System, which shall be drawn up as follows:

" e) Promoting the habits of democratic behavior and skills and techniques in conflict prevention and in the peaceful resolution of conflicts.

l) Training for conflict prevention and for the peaceful resolution of conflicts in all areas of personal, family and social life. "

Three. Article 34 (3) of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System is amended to read as follows:

" 3. The teaching methodology of specific vocational training will promote the integration of scientific, technological and organisational content. In addition, the student will be able to learn by himself and to work as a team, as well as training in conflict prevention and the peaceful resolution of conflicts in all areas of personal, family and life. social. "

Additional provision fifth. Amendment of the Organic Law on Quality of Education.

One. A new point (b) is added, with the consequent displacement of the current ones, and three new letters n), n) and o) in Article 1 of the Organic Law 10/2002, of 23 December, of Quality of Education, with the following content:

" b) The removal of obstacles to full equality between men and women.

n) Training in respect of fundamental rights and freedoms, equality between men and women and in the exercise of tolerance and freedom within democratic principles of coexistence.

n) Training for conflict prevention and for the peaceful resolution of conflicts and non-violence in all areas of family and social personal life.

o) The development of affective capabilities. "

Two. Two new points (e) and (f) are added, with the consequent displacement of the current ones, in Article 12 (2) of the Organic Law 10/2002, of 23 December, of Quality of Education, with the following content:

" e) Exercise in the prevention of conflicts and in the peaceful resolution of conflicts.

f) Develop their affective capabilities. "

Three. Three new points (b), (c) and (d) are added, with the consequent displacement of the current ones, in Article 15 (2) of the Organic Law 10/2002, of 23 December, of Quality of Education, with the following content:

" b) Acquire skills in conflict prevention and in the peaceful resolution of conflicts that allow for the development of autonomy in the family and domestic environment, as well as in the social groups in which they are related.

c) Understanding and respecting gender equality.

d) Develop their affective capabilities. "

Four. Three new points (b), (c) and (d) are added, with the consequent displacement of the existing ones, in Article 22 (2) of the Organic Law 10/2002, of 23 December, of Quality of Education, with the following content:

" b) Know, value and respect equal opportunities for men and women.

c) Relating to others without violence, peacefully resolving conflicts.

d) Develop their affective capabilities. "

Five. Paragraph 1 (f) is amended and a new paragraph 5 is added to Article 23 of the Organic Law 10/2002 of 23 December of Quality of Education, which is worded as follows:

" 1. f) Ethics and equality between men and women. "

" 5. The subject of Ethics will include specific content on equality between men and women. "

Six. Two new points (b) and (c) are added, with the consequent displacement of the current ones, in Article 34 (2) of the Organic Law 10/2002, of 23 December, of Quality of Education, with the following content:

" b) Consolidate a personal, social and moral maturity that allows them to act responsibly, autonomously and to foresee and peacefully resolve personal, family and social conflicts.

c) Promote real and effective equality between men and women and critically analyze and assess inequalities between them. "

Seven. A new paragraph 3 is added in Article 40 of the Organic Law 10/2002 of 23 December on Quality of Education, with the following content:

" 3. In order to promote effective equality between men and women, educational administrations will ensure that all curricula and educational materials recognise the equal value of men and women and are drawn up on the basis of budgets. non-discriminatory for women. They shall also promote respect for the equality of rights and obligations. "

Eight. Two new points (e) and (f) are added to Article 52 (2) of the Organic Law 10/2002 of 23 December on Quality of Education, with the following content:

" e) Develop skills in the peaceful resolution of conflicts in personal, family and social relationships.

f) Promoting respect for the dignity of people and equality between men and women. "

Nine. Article 56 (d) of the Organic Law 10/2002 of 23 December of Quality of Education is amended, which is worded as follows:

"d) The mentoring of students to direct their learning, to transmit values and to help them, in collaboration with parents, to overcome their difficulties and peacefully resolve their conflicts."

Ten. A new point (g) is added, with the consequent displacement of the current letter (g) which will become a new point (h), in Article 81 (2) of the Organic Law 10/2002 of 23 December, of Quality of Education, with the content of the next:

"g) A person who promotes educational measures that foster real and effective equality between men and women, residing in the city where the center is located and chosen by the School Board of the center."

Once. Point (k) of Article 82 (1) of the Organic Law 10/2002 of 23 December of Quality of Education is amended, which is worded as follows:

"k) Propose measures and initiatives that promote co-existence in the center, equality between men and women, and the peaceful resolution of conflicts in all areas of personal, family and social life."

Twelve. A new point (g) is added to Article 105 (1) of the Organic Law 10/2002 of 23 December of Quality of Education, which is worded as follows:

"g) Vellar for the implementation and implementation of educational measures and initiatives aimed at promoting real equality between women and men."

Additional provision sixth. Amendment of the General Law on Advertising.

One. Article 3 (a) of Law 34/1988 of 11 November, General of Advertising, is amended as follows:

" It's illicit:

(a) Publicity which infringes the dignity of the person or infringes the values and rights recognised in the Constitution, in particular those referred to in Articles 18 and 20 (4) thereof. Notices which show women in a vexatious manner, either by using their own body or parts thereof as a mere disengaged object of the product intended to be promoted, shall be understood to be included in the previous forecast. their image associated with stereotypical behaviors that violate the foundations of our law, contributing to the creation of the violence referred to in the Organic Law on measures of comprehensive protection against gender-based violence. "

Two. A new paragraph 1a is added to Article 25 of Law 34/1988 of 11 November, General Advertising, with the following content:

" 1 bis. Where an advertisement is considered unlawful for affecting the abuse or discriminatory use of the image of the woman, they may request the advertiser to cease and rectify:

(a) The Special Delegation of the Government Against Violence on Women.

b) The Women's Institute or its equivalent in the autonomous field.

(c) legally constituted associations that have as their sole objective the defense of the interests of women and do not include as associates of legal persons with a profit motive.

d) The holders of a legitimate right or interest. "

Three. An additional provision is added to Law 34/1988 of 11 November, General Advertising, with the following content:

" The action of cessation when an advertising is considered unlawful for affecting the vexatious or discriminatory use of the image of the woman, shall be exercised in the form and in the terms provided for in Articles 26 and 29, except in the field of legitimation which shall be held by the persons and institutions referred to in Article 25.1 (a) of this Law, in addition to the Ministry of Public Prosecutor's Office. "

Additional provision seventh. Amendment of the Law on the Status of Workers.

One. A new paragraph 7 is introduced in Article 37 of the Law on the Workers ' Statute, a recast text approved by Royal Legislative Decree 1/1995 of 24 March, with the following content:

" 7. The worker who is the victim of gender violence will have the right, to make effective her protection or her right to comprehensive social assistance, to the reduction of the working day with a proportional reduction of the salary or the reordering of the time work, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of the working time that are used in the enterprise.

These rights may be exercised in the terms that for these specific cases are laid down in collective agreements or agreements between the company and the employees ' representatives, or in accordance with the agreement between the company and the worker concerned. In the absence of such rights, the working of such rights shall be the responsibility of the worker, the rules laid down in the previous paragraph being applicable, including those relating to the resolution of discrepancies. "

Two. A new paragraph 3a) is introduced in Article 40 of the Law on the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995 of 24 March, with the following content:

" 3 bis) The female victim of gender-based violence who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to social assistance It shall have the right to take up another job, of the same professional group or equivalent category, of the undertaking having a vacancy in any other of its workplaces.

In such cases, the company will be obliged to communicate to the worker the vacancies existing at the time or those that could be produced in the future.

The transfer or change of work centre will have an initial duration of six months, during which the company will have an obligation to reserve the job previously occupied by the worker.

Finished this period, the worker will be able to choose between the return to her previous job or the continuity in the new one. In the latter case, the said reserve obligation shall lapse. '

Three. A new point (n) is inserted in Article 45 (1) of the Law on the Status of Workers, recast text approved by Royal Decree-Law 1/1995 of 24 March, with the following content:

"n) By decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence."

Four. A new paragraph 6 is introduced in Article 48 of the Law of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995 of 24 March, with the following content:

" 6. In the case referred to in Article 45 (1) (n), the period of suspension shall be of an initial duration which shall not exceed six months, unless the proceedings of judicial protection have resulted in the effectiveness of the right of the protection of the victim requires the continuity of the suspension, in this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months. "

Five. A new point (m) is introduced in Article 49 (1) of the Law on the Status of Workers, recast as approved by Royal Decree-Law 1/1995 of 24 March, with the following content:

"m) By decision of the worker who is forced to permanently leave her job as a result of being a victim of gender-based violence."

Six. The second paragraph of point (d) of Article 52 of the Law on Workers ' Statute is amended, recast text approved by Royal Decree-Law 1/1995 of 24 March, with the following content:

" Shall not be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to legal strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, risk during pregnancy, illness caused by pregnancy, childbirth or breastfeeding, leave and leave, sickness or accident at work, where the discharge has been agreed by the official health services and has a duration of more than 20 consecutive days, and is not motivated by the physical situation or psychological derivative of gender-based violence, accredited by the social services of care or health services, as appropriate. "

Seven. Article 55 (5) (b) of the Law on the Staff Regulations, recast text, adopted by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

" (b) That of pregnant workers, from the date of commencement of pregnancy to the date of commencement of the period of suspension referred to in point (a); that of workers who have applied for one of the permits to which they are referred to in Article 37 (4) and (5) of this Law, or are enjoying them, or have applied for the excess provided for in Article 46 (3) of the Act; and that of female victims of gender-based violence for the exercise of the rights of reduction or rearrangement of their working time, of geographical mobility, of change of centre of work or suspension of the employment relationship, in the terms and conditions recognized in this Law. "

Additional disposition octave. Amendment of the General Law on Social Security.

One. A paragraph 5 is added to Article 124 of the General Law on Social Security, a recast text approved by Royal Legislative Decree 1/1994 of 20 June, with the following content:

" 5. The period of suspension with the reserve of the post, referred to in Article 48.6 of the Staff Regulations, shall be considered as an effective contribution period for the purposes of the relevant social security benefits. by retirement, permanent disability, death or survival, maternity and unemployment. "

Two. Paragraph 1.1 (e), as well as Article 208 (1.2) of the General Law on Social Security, recast text approved by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

" 1.1.e) By voluntary resolution by the worker, in the cases provided for in Articles 40, 41.3, 49.1.m) and 50 of the Staff Regulations.

1.2 Where the employment relationship is suspended by virtue of a file on employment regulation, or a judicial decision taken within a court of law, or in the case referred to in point (n) of paragraph 1 of the Article 45 of the Staff Regulations. "

Three. Article 210 (2) of the General Law on Social Security, recast text approved by Royal Legislative Decree 1/1994 of 20 June, is amended with the following content:

" 2. For the purposes of determining the period of occupation referred to in the preceding paragraph, account shall be taken of all contributions which have not been taken into account for the recognition of an earlier right, both contributory and assistance. However, it shall not be considered as a former right which is recognised by virtue of the suspension of the employment relationship provided for in Article 45.1 (n) of the Staff Regulations.

No contributions shall be taken for the time of payment of the benefit to the managing body or, where applicable, the undertaking, except where the benefit is received by virtue of the suspension of the employment relationship. provided for in Article 45.1 (n) of the Staff Regulations, as provided for in Article 124.5 of this Law. "

Four. Article 231 (2) of the General Law on Social Security, recast text approved by Royal Legislative Decree 1/1994 of 20 June, is amended with the following content:

" 2. For the purposes set out in this Title, an undertaking of activity shall be understood to be the applicant or beneficiary of the benefits of actively seeking employment, accepting an appropriate placement and participating in specific actions of motivation, information, guidance, training, retraining or professional integration to increase their employability, as well as to fulfil the remaining obligations laid down in this Article.

For the application of the provisions of the preceding paragraph, the Public Service of competent employment shall take into account the status of a victim of gender-based violence, for the purpose of frightening, if necessary, the compliance of the obligations arising from the undertaking subscribed. '

Five. A new additional provision is introduced in the General Law of Social Security, recast text approved by Royal Legislative Decree 1/1994, of 20 June, with the following content:

" Additional 42nd Disposition. Accreditation of legal unemployment situations.

The legal status of unemployment provided for in Articles 208.1.1e) and 208.1.2 of this Law, where they relate respectively to Articles 49.1 m) and 45.1 n) of the Law on the Staff Regulations, shall be established by written communication from the employer on the termination or temporary suspension of the employment relationship, together with the protection order in favour of the victim or, failing that, together with the report of the Prosecutor's Office indicating the existence of evidence on the status of a victim of gender-based violence. "

Additional provision ninth. Amendment of the Law on Measures for the Reform of the Civil Service.

One. Article 1 (3) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service shall be worded as follows:

" 3. The following precepts are considered to be the basis of the statutory regime of civil servants, issued under Article 149.1.18 of the Constitution, and as a consequence applicable to the staff of all public administrations: 3.2.e) and f); 6; 7; 8; 11; 12; 13.2, 3 and 4; 14.4 and 5; 16; 17; 18.1 to 5; 19.1 and 3; 20.1.a), b), first paragraph, c), e), g) in paragraphs 1 to 4, e (i); 2 and 3; 21; 22.1, with the exception of the last two paragraphs; 23; 24; 25; 26; 29, with the exception of last paragraph of paragraphs 5, 6 and 7; 30.5; 31; 32; 33; third, second and third provisions, fourth, twelfth and fifteenth; transitional provisions second, eighth and ninth. '

Two. A new paragraph 3 is added to Article 17 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

" 3. In the framework of the Agreements which the public authorities subscribe to in order to facilitate mobility among the officials of the same, special consideration will be given to the cases of geographical mobility of the civil servants who are victims of gender-based violence. "

Three. A point (i) is added to Article 20 (1) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, with the following content:

" (i) The female victim of violence against women who is forced to leave the job in the locality where she was providing her services, to make her protection effective or her right to social assistance It shall have the right to occupy another position of its own work of its Body or Scale and of similar characteristics that is vacant and is necessary to provide. In such cases, the competent public administration in each case shall be obliged to inform it of the vacancies of necessary provision located in the same locality or in the localities that the interested person expressly requests. "

Four. A new paragraph 8 is added to Article 29 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, with the following content:

" 8. Excess for reason of violence over women would work.

Public officials who are victims of gender-based violence, to make their protection effective or their right to comprehensive social assistance, will have the right to apply for the situation of excess without having to borrow a the minimum time of prior services and without any time limit for the duration of the service. During the first six months, they shall be entitled to the reserve of the job they shall carry out, with that period being computable for the purposes of promotions, trienes and passive duties.

This, however, when it results from the actions of judicial protection that the effectiveness of the right of protection of the victim is required, may be extended for periods of three months, with a maximum of eighteen months, which, in accordance with the preceding paragraph, shall be entitled to the reserve of the post, with the same effect as those referred to in that paragraph. '

Five. A new paragraph 5 is added to Article 30 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service with the following content:

" 5. In cases where female victims of gender-based violence would have to be absent from their job, these non-attendance, total or partial, will be considered justified by time and in the case of women. the conditions under which the social services of health care or health care shall be determined, as appropriate.

The female victims of violence against women, in order to make their protection effective or their right to comprehensive social assistance, will be entitled to the reduction of the day with a proportional reduction of the remuneration, or to the reordering of working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of working time which are applicable, in the terms that for these assumptions establish the Competent Public Administration in each case. "

Additional provision 10th. Amendment of the Organic Law of the Judiciary.

One. The second paragraph of Article 26 of the Organic Law 6/1985 of 1 July of the Judiciary is amended, which is worded as follows:

" Article 26.

Courts of First Instance and Instruction, of the Commercial, of Violence on Women, of the Criminal, of the Contentious-Administrative, of the Social, of Minors and of Penitentiary Surveillance. "

Two. The heading of Chapter V of Title IV of book I of Organic Law 6/1985 of 1 July of the Judiciary is amended, which is worded as follows:

"Chapter V. Of the Courts of First Instance and Instruction, of the Commercial, of the Criminal, of Violence on Women, of the Administrative-Administrative, Social, Penitentiary and Child Surveillance."

Three. Article 87 (1) of the Organic Law 6/1985 of 1 July of the Judiciary is amended, which is worded as follows:

" Article 87.

1. The Courts of Instruction will know, in the criminal order:

(a) The instruction of the causes for crime whose prosecution corresponds to the Provincial Hearings and the Courts of the Criminal, except for those causes that are the jurisdiction of the Courts of Violence on Women.

b) It is also for them to dictate judgment in accordance with the indictment in the cases established by the Law.

c) The knowledge and judgment of the judgments of faults, except those that are the competence of the Judges of Peace, or of the Courts of Violence on Women.

d) Of the 'habeas corpus' procedures.

e) Of the resources established by the law against the resolutions handed down by the Peace Courts of the Party and the questions of competition between them.

(f) The adoption of the protection order for victims of violence against women when they are developing guard functions, provided that they cannot be adopted by the Court of Violence on Women. "

Three bis. A new paragraph is added to Article 89a (2) of the Organic Law of the Judiciary, with the following content:

" In order to facilitate the knowledge of the matters instructed by the Courts of Violence on Women, and taking into account the number of existing cases, one or more Courts must be specialized in each province, according to the as provided for in Article 98 of this Law. "

Four. Article 210 (1) of the Organic Law 6/1985 of 1 July of the Judicial Branch is amended, which is worded as follows:

" 1. The Judges of First Instance and of Instruction, of the Commercial, of the Criminal, of Violence on Women, of the Contentious-Administrative, of Minors and of the Social will replace each other in the populations where there are several of the same order in the form agreed by the Governing Board of the High Court of Justice, on a proposal from the Board of Judges. '

Five. A new paragraph is added to paragraph 3 of Article 211 of the Organic Law 6/1985 of 1 July of the Judiciary, which is worded as follows:

"The Judges of Violence on Women shall be replaced by the Judges of Instruction or First Instance and Instruction, according to the order established by the Governing Chamber of the respective Superior Court of Justice."

Additional provision eleventh. Assessment of the implementation of the Law.

The Government, in collaboration with the Autonomous Communities, three years after the entry into force of this Law, will draw up and submit to the Congress of Deputies a report in which an evaluation of the effects of the law will be carried out. implementation in the fight against gender-based violence.

Additional disposition twelfth. Amendments to the Criminal Procedure Act.

An additional fourth provision is added to the Criminal Prosecution Act with the following content:

" 1. The references made to the Judge of Instruction and to the Judge of First Instance in paragraphs 1 and 7 of Article 544 ter of this Law, in the wording given by Law 27/2003, of July 31, regulating the Order of the Protection of the Victims of Domestic Violence shall be construed as references to the Judge of Violence on Women.

2. References made to the Judge of the Guard in Title III of Book IV, and Articles 962 to 971 of this Law, shall be construed as references to the Judge of Violence on Women, if any. "

Additional disposition thirteenth. Endowment of the Fund.

In order to contribute to the implementation of the services provided for in Article 19 of this Law, and to ensure interterritorial equity in its implementation, during the two years following the entry into force of this Law. This Law will provide a Fund to which the Autonomous Communities will be able to access, in accordance with the objective criteria to be determined in the respective Sectoral Conference. However, the Autonomous Community of the Basque Country and the Community of Navarre shall, in these financial aspects, be governed by their special arrangements for Economic and Convention Concerts.

The Autonomous Communities, in use of their powers, during the year following the adoption of this Law, will make a joint diagnosis with local administrations on the impact of gender-based violence on their Community, as well as an assessment of needs, resources and services necessary to implement Article 19 of this Law.

The Fund's endowment will be made in accordance with the respective State General Budget Laws.

Additional disposition fourteenth. Report on funding.

Without prejudice to the financial responsibility of the Autonomous Communities, in accordance with the provisions of Law 21/2001 of 27 December 2001, and in accordance with the principle of institutional loyalty in the terms of Article 2 (1) (e) of the Organic Law 8/1980, of 22 September, of Financing of the Autonomous Communities, the competent ministries, on the proposal of the corresponding interterritorial bodies, shall draw up reports on the economic repercussions of the application of this Law. These reports will be submitted to the Ministry of Finance, which will move them to the Fiscal and Financial Policy Council.

Additional provision 15th. Housing agreements.

By means of agreements with the relevant administrations, the Government may promote specific processes for the award of protected housing to victims of gender-based violence.

Additional provision sixteenth. Coordination of Public Employment Services.

In the development of Law 56/2003, of 16 December, of Employment, the necessary coordination of Public Employment Services will be taken into account to facilitate access to the labour market for victims of gender-based violence. where, due to the exercise of the right of geographical mobility, they are obliged to move their domicile and the same implies change of Autonomous Community.

Additional 17th disposition. Schooling.

Educational Administrations will take the necessary measures to ensure the immediate schooling of children in the event of a change of residence motivated by violence against women.

18th additional disposition. Plant of the Courts of Violence on Women.

An Annex XIII is added to Law 38/1988, of December 28, of Demarcation and Judicial Plant, the text of which is included as an annex to this Organic Law.

Additional 19th disposition. Pension guarantee fund.

The State will guarantee the payment of recognized and unpaid food in favor of children and daughters under age in a judicially approved convention or in judicial resolution, through specific legislation that will concretize the the coverage system in those cases and which, in any case, shall take into account the circumstances of victims of gender-based violence.

320th additional disposition. Change of last name.

Article 58 of the Civil Registry Act of 8 June 1957 is worded as follows:

" 2. When exceptional circumstances arise, and despite the lack of the requirements stated in that article, the change by Royal Decree may be accessed on a proposal from the Ministry of Justice, with a hearing of the State Council. If the applicant for the authorization of the change of his surnames is the object of gender-based violence and in any other case where the urgency of the situation so requires, the change may be accessed by Order of the Ministry of Justice, in the terms set out in the Regulation. "

First transient disposition. Application of measures.

Civil or criminal proceedings related to gender-based violence that are in the process of the entry into force of this Law will continue to be the responsibility of the bodies that come to know about them until his conclusion by a firm judgment.

Second transient disposition. Transitional right.

In the processes of acts referred to in this Law that are in the process of their entry into force, the Courts or Courts that are aware of them may adopt the measures provided for in Chapter IV of the Title V.

Single repeal provision.

As many rules, of equal or lower rank, are repealed, they are contrary to the provisions of this Law.

Final disposition first. Regulatory references.

All references and references contained in the criminal procedural laws to the Judges of Instruction must also be understood as referring to the Judges of Violence on Women in the matters of their competence.

Final disposition second. Competency enablement.

This Law is dictated by the provisions of article 149.1, 1. ª, 5., 6. ª, 7. ª, 8. ª, 17. ª, 18. and 30. of the Spanish Constitution.

Final disposition third. Nature of this Law.

This Law has the character of Organic Law, with the exception of the following precepts: Title I, Title II, Title III, Articles 42, 43, 44, 45, 46, 47, 70, 71, 72, as well as the additional first, second, sixth, seventh, eighth, ninth, eleventh, thirteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth and twentieth, the second transitional arrangement and the fourth, fifth and sixth final provisions.

Final disposition fourth. Regulatory enablement.

1. The Government is enabled to dictate, within six months of the publication of this Law in the "Official State Gazette", the provisions necessary for its implementation.

Through the Ministry of Justice, the necessary measures for the implementation of the Courts of Violence on Women, as well as for the adequacy of the structure of the Prosecutor's Office, will be adopted by the Ministry of Justice. forecasts of this Law.

2. Within six months of the entry into force of this Law, the General Council of the Judiciary will dictate the necessary regulations for the management of the statements, the adequacy of the services of the guard to the existence of the new Courts of Violence on Women, and the coordination of the Judicial Police with those referred to them.

Final disposition fifth. Regulatory amendments.

The Government, within six months of the adoption of this Law, will proceed with the modification of Article 116.4 of Royal Decree 190/1996, of 9 February, for which the Prison Regulation is approved, establishing the mandatory for the Penitentiary Administration to carry out the specific internal treatment programs referred to in this Law. In the same period, it will amend Royal Decree 738/1997 of 23 May and Royal Decree 996/2003 of 25 July.

Within the period referred to in the previous paragraph, the State and the Autonomous Communities, within the scope of their respective powers, shall adapt their rules to the provisions of this Law.

Final disposition sixth. Amendment of Law 1/1996 of 10 January of Free Legal Assistance.

Article 3 (5) of Law 1/1996, of 10 January, of Free Assistance is amended, which will be worded as follows:

" 5. It will also not be necessary for victims of gender-based violence to previously lack the resources when applying for specialised legal protection, which will be given to them immediately, without prejudice to the fact that they are not recognised with After the right to the same, the fees due for his intervention must be paid to the lawyer. "

Final disposition seventh. Entry into force.

This Organic Law shall enter into force within thirty days of its publication in the "Official Gazette of the State", except as provided for in Titles IV and V, which shall do so within six months.

Therefore,

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

Madrid, December 28, 2004.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO

ANNEX

" ANNEX XIII

Women's Violence Courts

1

1

Guadalajara.

1

Extremadura

Province	Judicial Party number	Exclusives	Compatibles	Headline
Andalusia
Almeria.
	1	-	1
			2	-	1
	3	-	1
	4	-	1
	5		1
	-	1
	7
-	1
Cadiz.
	1	-	1
	2	-	1
	3	-	1	Served by Magistrate.
	4	-	1
	5	-	1
			1	Served by Magistrate.
	7	-	1	Served by Magistrate.
	8	-	1
	9	-	1	Served by Magistrate.
	10	-	1	Served by Magistrate.
	11	-	1
	12	-	1
	13	-	1
	14	-	1
				15	-	1
			1
	3	-
	1
	5	-	1
	6	-	1
	7	-	1
	8	-	1
	9	-	1
	10	-	1
	11	-	1
	12	-	1
			-
			1
	3	1
1	1	Served by Magistrate.
	5	-	1
	6		1
			-	1
	8	-	1
	9	-	1
Huelva.
	1	-	1
			2	-	1
	3	-	1
			4	-	1
	5	-	1
	6	-	1
Jaen.
	1	-	1
	2	-	1
	3	-	1
	4	-
			5	-	1
			7
-	1
	8	-	1
	9	-	1
	10
	1	-	1
	2	-	1
	3	1	-
			4	-	1
			1	Served by Magistrate.
	6	-	1	Served by Magistrate.
	7	-
			1
	9	-	1
	10	-	1
	11	-	1
	12	-	1	Served by Magistrate.
Seville.
	1	-	1
			2	-	1
	3	-	1
	4	-	1
	5		1
	1			1	1	-
	7
-	1
	9	-	1
	10	-	1
	11	-
		1		Served by Magistrate.
	13
	-	1
	15	-	1
Aragon
Huesca.
	1	-
			1
	3	-	1
	4	-	1
	5	-	1
	6	-	1
Teruel.
	1		1
			-	1
	3
											1	-	1
	2	-	1
	3	-	1
	4	-
			5	-	1
			7
-	1
Asturias
																1	-	1
			2	-	1
	3	-	1
	4	-	1	Served by Magistrate.
-	1
	7	-	1
			8	-	1	Served by Magistrate.
	9	-	1
	10	-	1
	11	-
				12	-	1
	13	-	1
			14	-	1
	15	-	1
	16	-	1
			17	-	1
	18	-	1
Illes Balears
Illes Balears.
	1	-	1	Served by Magistrate.
	2	-	1
	3	1	-
	4	-
			5	-	1	Served by Magistrate.
	6	-	1
	7	-	1
Canary
The Palms.
	1	-	1	Served by Magistrate.
	2	1	-
	3	-
	1
	5	-	1	Served by Magistrate.
	6		1	Served by Magistrate.
		7	-	1
	8	-	1
Santa Cruz Tenerife.
	1	-	1
	2	-	1
	3	1
	1
	5	-	1
	6	-	1
	7	-	1	Served by Magistrate.
	8	-	1
	9	-
		1
	11	-	1
	12	-	-	1	Served by Magistrate.
Cantabria
Cantabria.
	1	-	1	Served by Magistrate.
	2	-	1
	3	-	1
			4	-	1
-	1
	7	-	1
	8	-	1
Castilla y Leon
Avila.
	1	-	1
	2	-	1
	3	-	1
	4	-	1
.
	1	-	1
	2	-	1
		3	-	1
	4	-
			5	-	1
	6	-	1
	7	-	1
Leon.
	1	-	1
	2	-	1
	3	-	1
	4	-	1	Served by Magistrate.
	5	-
				1
	7	-	1
																						1	-	1
			2	-	1
	3	-	1
	Salamanca.
	1	-	1
	2	-	1
	3	-	1
	4	-	1
	5	-	1
	Segovia.
	1		1
			-	1
	3	-	1
	4	-	1
Soria.
	1	-	1
			2	-	1
	3	-	1
.
	1	-	1
	2	-
			1
.
	1	-	1
	2	-	1
		3	-	1
	4	-	1
	5	-	1
Castille-La Mancha
Albacete.
	1		1
				2	-	1
	3		1
		-	1
	5		1
	-	1
	7	-	1
Real City.
	1	-	1
	2	-	1
		3	-	1
	4	-
			5	-	1
	6	-	1
	7	-	1
	8
-	1
	10
	1	-	1
	2	-	1
	3	-	1
	4	-	1
	1	-	1
	2	-	1
	3	-	1
																1	-	1
			2	-	1
	3	-	1
	4	-	1	Served by Magistrate.
-	1
	7	-	1
Catalonia
	Barcelona.
	1		1
				1	Served by Magistrate.
	3	-	1	Served by Magistrate.
	4	-	1	Served by Magistrate.
	5	-	1
	6	-	1	Served by Magistrate.
	7	-	1
			8	-	1
	9	-	1
	10	-	1	Served by Magistrate.
	11	2
	12	-	1
	13	-	1	Served by Magistrate.
	14	-	1
	15	-	1	Served by Magistrate.
	16	-	1	Served by Magistrate.
	17	-	1	Served by Magistrate.
	18	-	1	Served by Magistrate.
	19	-	1	Served by Magistrate.
	20	-	1
	21	-	1	Served by Magistrate.
	22	-	1
	23
1						-	1	Served by Magistrate.
	25	-	1	Served by Magistrate.
Girona.
	1	-	1	Served by Magistrate.
	2		1
		3	-	1
			4	-	1
	5	-	1
	6	-	1
	7
-	1
	9
	1	-	1
	2	-	1
	3	-	1
	4	-
			5	-	1
			7
-	1
.
	1	-
				1	Served by Magistrate.
	3	-	1
	4		1
		-	1
	6	-	1
	7	-	1
	8	-
																			1	Served by Magistrate.
		2	-	1
	3	1	-
	4	-	1	Served by Magistrate.
	5	-	1
	6	-	1
	7	-	1
	8	-	1	Served by Magistrate.
	9	-	1	Served by Magistrate.
	10	-
1
	12	-
	Served by Magistrate.
Castellon/Castello.
	1	-	1
	2	-	1
	3	-	1
	4	-	1
	5	-	1
	Valencia.
	1	-	1
	2	-	1	Served by Magistrate.
	3	-	1
	4	-	1	Served by Magistrate.
1	-
	7	-	1
	8	-	1	Served by Magistrate.
	9	-
				10			-	1
	11	-
				12	-	1
	13	-	1
	14	-	1	Served by Magistrate.
	15	-	1
	16	-	1
	17	-	1
	18	-	1
Badajoz.
	1	-	1
	2	-	1
		3	-	1
	4	-	1	Served by Magistrate.
	5	-	1
	6	-	1
	7	-	1
	8	-	1
		9	-	1
	10	-
				11	-	1
	12	-	1
	13	-	1
			14	-	1
Caceres.
	1	-
			1
	3	-	1
	4	-	1	Served by Magistrate.
	5	-
				1
	7	-
	A Coruña
	1	-	1
	2	-	1	Served by Magistrate.
	3	-	1	Served by Magistrate.
	4	-	1
-	1
	7	-	1
	8	-	1
	9
	-	1
	11		1
-	1
	13	-	1
	14
	1	-	1
	2	-	1
	3	-	1
	4	-
			5	-	1
			7
-	1
	8	-	1
	9	-	1
Ourense.
	1	-	1
	2	-	1
	3	-	1
	4	-
			5	-	1
			7
-	1
	8	-	1
	9	-	1
Pontevedra.
	1	-	1
	2	-	1
	3	-	1	Served by Magistrate.
	4	-	1
	5	-
				1
	7	-	1
	8	-	1
	9	-	1
	10	-	1
	11	-	1
	12	-	1
	13	-	1
Madrid
Madrid.
	1	-	1
			2	-	1	Served by Magistrate.
	3	-	1
	4	-	1	Served by Magistrate.
	5	-	1	Served by Magistrate.
	6		1	Served by Magistrate.
		7	-	1
	8	-	1
	9	-	1	Served by Magistrate.
	10	-	1	Served by Magistrate.
	11	2
1		Served by Magistrate.
	13	-	1	Served by Magistrate.
	14	-	1	Served by Magistrate.
	15	-	1	Served by Magistrate.
	16	-	1	Served by Magistrate.
	17	-	1	Served by Matistrate.
	18		1	Served by Magistrate.
	19	-	1	Served by Magistrate.
	20	-	1
	21	-
	Murcia
	1	-	1
	2	-	1	Served by Magistrate.
	3	-	1
	4	-	1	Served by Magistrate.
1	-
	7	-	1
	8	-	1
	9
	-	1
	11
	-
		-	1
	4	-	1
	5	-	1
Basque Country
																						-	1
	2	-	1
	3	-	1
			4	-	1
	5	-	1
	6	-	1
Vizcaya.
	1	-	1
	2	-	1	Served by Magistrate.
	3	-	1
	4	1	-
	5	-	-
	1	Served by Magistrate.
Rioja
Rioja.
	1		1
			-	1
	3	-	1
City of Ceuta
.
	12	-	1	Served by Magistrate.
City of Melilla
.	8		1	Served by Magistrate.
Total		14	421 "