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

The current Penal Code was approved by the Organic Law 10/1995 of 23 November. The time since then has shown that it is necessary to carry out its update to address new needs arising from the experience gained with its implementation.

The reform initiative has been raised in different areas. Already in 1998, the Congress of Deputies approved a resolution urging the General Council of the Judicial Branch to study the effective implementation of the Penal Code, detecting the problems that it did.

The General Council gave its report on July 12, 1999, with the analysis of those aspects that have posed greater complexity in the application of the new Code.

The President of the Government, in his inaugural address to the Congress of Deputies, held on April 25, 2000, announced the reform of the penal process, the system of penalties and the control of its compliance, and the intention of the Government to entrust to a technical commission the corresponding preliminary study. In compliance with this commitment to the House, the Order of the Minister of Justice of 14 July 2000, a Technical Commission for Reform of the Penas System in the Ministry of Justice, was established to carry out a study on the system of penalties contained in the Penal Code, its degree of application and effectiveness, and the formulation, if any, of a proposal for legal reform. The proposal raised by the Technical Commission is based on many of the reforms of the articles of the Penal Code contained in this organic law.

In addition to this proposal, which essentially aims at the regime of penalties and its application, the reform of the Penal Code seeks to adapt existing types and the introduction of new criminal figures, in the This is the only way to ensure that the criminal law of the Member States of the European Union is to be applied in the same way as the law of the Member States.

The Penal Code reforms contained in this organic law have been addressed in the framework of a partial, but systematic and coherent review of the current Penal Code. The structure and principles of the same, the unit and the system of the Criminal Code of 1995 have therefore been respected. Therefore, the modifications operated in an important number of articles respond exclusively to the inclusion of certain technical innovations such as the replacement of the denominations in pesetas by euro, the inclusion of new penalties, the improvement of the systematic, among others.

II

The most notable reforms in the general part of the Penal Code are as follows:

(a) The minimum duration of the prison term is six to three months, in order that the penalty of deprivation of liberty of short duration can fulfil its function of general prevention in respect of the crimes of poor importance. At the same time, this minimum duration allows the existing relationship between faults and crimes to be structured more appropriately and the penalty scale applicable to both.

b) The duration of the sentence is established in five years, which allows to distinguish between the serious prison and the less serious, thereby achieving a harmonised regulation with the distribution of competences between the Criminal Court and The Provincial Hearing provided for in the Law of Criminal Procedure, so that the Provincial Court will know of the crimes punishable by serious punishment and the Courts of the Criminal of the crimes punished with less serious penalties.

(c) The end of the week arrest penalty, which has not been satisfactorily implemented, has been abolished, as the case may be, for the short term imprisonment of three months in the case of the offences. work for the benefit of the community or for the permanent location penalty, which is created in this organic law.

(d) The permanent location penalty is an important development which seeks to provide an effective criminal response to certain types of crime and which is based on the implementation of new measures providing for the development of the technology. The configuration of this penalty allows its application to be successful in order to prevent typical behaviors that constitute minor criminal offences, while avoiding the harmful effects of seclusion in penitentiary establishments. In connection with its application, it is anticipated that it will be fulfilled at the domicile or in another place indicated by the judge or tribunal for a period of time that cannot exceed twelve days, whether consecutive or on the weekends, if the judge or tribunal The sentencing is considered most appropriate.

e) The effectiveness of the work penalty is significantly enhanced and improved for the benefit of the community, not only because of its application to a greater number of crimes and faults, but also because of the incorporation into the Penal Code of the regime. legal status of non-compliance.

f) The maximum duration of the penalties for estrangement and non-approximation to the victim is extended, including the provision of their simultaneous compliance with that of imprisonment and even the termination of the sentence, in order to avoid the approach during exit permits or other prison benefits or after their compliance.

The three currently existing modalities are set out separately, so that one can impose one that corresponds to the true nature of the crime: the ban on residence and access to certain places, the a ban on the approximation of the victim or other persons and the prohibition of communication with the victim or other persons. Finally, it is technically improved to make it more effective for the prevention and suppression of crime and, in particular, for the fight against domestic violence, with the possible suspension of the system of visits, communication and children's stay, as well as the prohibition of communications by computer or telematic media. This same reform is done in the regulation of the equivalent security measure.

g) Other developments are introduced such as the extension of the maximum duration of the penalty of deprivation of the right to the possession of weapons, which passes from 10 to 15 years, or the clarification of the penalty of deprivation of the driving licence engine in such a way that it is specified that the sentenced person may not drive vehicles or mopeds when the penalty is imposed.

h) The continued crime is modified, so that the author of a crime or lack of continuance can be punished with the penalty in his superior half, as at present, but being able to impose the penalty to a higher degree in his lower half, taking into account the circumstances of the offence.

(i) In relation to the suspension of the execution, the novelty of excluding, for these purposes, all the penalty or penalties imposed, the penalty derived from the non-payment of the fine, is introduced.

j) Important measures are introduced to encourage the rehabilitation of those who have committed the crime because of their dependence on drugs, alcohol or psychotropic substances. To do this, it is possible to obtain the benefit of the suspension when the penalties imposed are up to five years, and not only up to three as it happened so far. In addition, in order for the measure to be effective, the system of requirements to be met by the sentenced person, the treatment to be subject to and his periodic supervision, is improved. In a coordinated manner, it is anticipated that, when the time limit for the detention measure for medical treatment or special education or de-habituation is forthcoming, the tax ministry will be notified to urge, if appropriate, the declaration of incapacity in the civil jurisdiction.

(k) In relation to the substitution of penalties, it is included as a novelty that, in the event that the penalties do not exceed two years in relation to the non-habitual prisoners, they may be replaced by a fine and work for the benefit of the community, with the aim of enhancing the application of this latest penological modality and achieving a clear resocializing and reeducational effect.

(l) The criminal liability of legal persons is addressed, when it is established that when a penalty is imposed on the fact or law administrator of a legal person for acts related to his or her activity, this will be responsible for payment in a direct and solidarity manner. Similarly, in the case of drug trafficking, narcotic drugs or psychotropic substances, the possibility is provided that if the crime has been committed through a society or organization, it is also able to be closed, suspended in its activity, dissolved or intervened, may be deprived of the right to obtain tax benefits and may be its goods subject to comiso.

m) The scope and scope of the comiso are modified, in order to prevent the commission of the crime from producing the slightest enrichment for its authors and participants, as well as to improve the repression of crimes, especially of drug trafficking and money laundering. For this purpose, the comiso is extended to the goods, means or instruments with which the crime has been prepared, as well as to the proceeds from it, whatever transformations could have been experienced, even if they have transmitted to a third party, unless they have received them legally in good faith. It also incorporates the comiso of goods of equivalent value, as well as the possibility of agreeing it by the court, even when it does not impose penalty to any of the accused for being exempt from criminal responsibility.

in relation to the fine, various modifications are introduced, which have as main objectives their coordination with the prison term, their adaptation to the true economic and family situation of the condemned and their imposition. taking into account the true nature of the crime. These amendments respect the model of the current Penal Code, both in general terms, in terms of the assumptions in which it sets the fine as an alternative to the prison, as for the proportionality of two days of fine for one of the prison.

n) Finally, certain technical reforms are introduced that affect, among others, the concept of habitual reo, the extinction of criminal responsibility, the deadlines for the limitation of crimes and the cancellation of the criminal records.

III

With regard to the reform of the special part of the Penal Code, the amendments can be structured around two categories: those that refer to the general criteria on the penalty to be imposed in each case, which are mainly a consequence of the previous amendments of the general part, and those relating to new criminal types.

The first ones have been introduced taking into account the principles of proportionality, coherence and respect for the systematic that preside over this reform, taking into account, in concrete cases, to impose the corresponding penalty social, economic and cultural circumstances.

Regarding crime, the following modifications should be noted:

(a) Crimes against freedom and sexual indemnity are modified to prevent interpretations that prevent certain conduct of particular gravity from being punishable.

b) With regard to crimes related to the corruption of minors, a major reform of the crime of child pornography has been addressed, tightening the penalties, improving the technique in the description of the behaviors and introducing types such as possession for the own use of pornographic material in which minors have been used or unable or the assumptions of the virtual child pornography nominee.

c) In the offences of slander and slander against public officials or administrative authorities or agents thereof, it has been established, in accordance with an important sector of the doctrine, that they may be pursued ex officio when it is on facts concerning the exercise of his office.

(d) offences of non-compliance with obligations arising out of judicially approved conventions or judicial decisions in cases of legal separation, divorce, declaration of invalidity of marriage, process of affiliation or Food processing in favor of children is maintained and a lack is incorporated for the case of serious behaviors, in the latter case including any non-compliance with obligations not only those that have economic content.

(e) Crimes against intellectual and industrial property are the subject of an aggravation of the penalty and, in any case, of the technical improvement of its classification, in accordance with the social reality, the configuration of the criminal type and its impact on economic and social life. The requirement for the prosecution of these offences at the instance of the victim also disappears, so that from now on they can be pursued on their own initiative.

(f) The criminal figures relating to access to radio or television broadcasting services or interactive services provided at a distance by electronic means are incorporated, making a thorough regulation of the conduct that directly and seriously attacks the provision of these services, and punishing the manipulation of telecommunications equipment, as in the case of mobile phones. This is a question of responding to the criminal phenomena that have arisen in relation to the phenomenon of the massive incorporation of information and communication technologies into all social sectors.

g) Certain changes are made to the types of crime affecting the environment, particularly protected legal goods and the subject of growing social concerns.

(h) The abuse of domestic animals is configured as a crime when the conduct is serious, remaining to be the case only for mild cases.

The abandonment of animals is also introduced.

(i) Public health offences have been the subject of a technical improvement, with a change in their description, the determination of the various aggravated and attenuated cases, with their corresponding consequences, and the extension of the scope of the figure of the comiso. The projection of criminal responsibility on legal persons is considerably extended and a worsening of the penalty is established when the conduct takes place in schools, in institutions, establishments or military units, in penitentiary establishments or in or in the vicinity of prisons, as well as when the culprit uses violence or exhibits or makes use of weapons to commit the event.

(j) Changes in the order in the event of events or shows with the attendance of a large number of persons are subject to special attention, specific rates being established and the imposition of the the penalty of deprivation to attend events or spectacles of the same nature as those in which the sentenced person had intervened, for up to three years for the sentence imposed.

k) Crimes are defined and regulated that allow us to coordinate our internal legislation with the jurisdiction of the International Criminal Court.

(l) In the matter of faults, the reform has mainly been aimed at replacing the missing weekend arrest penalty. As has already been said, this substitution has been carried out by means of the new permanent location penalty, which has its origin in the former house arrest, the penalty for carrying out work for the community and the term of imprisonment of short duration.

m) It is established, as has been pointed out, a lack of animal abuse when the conduct was very minor and did not have the intended consequences for the crime. The same applies in relation to the disturbance of order in public events or sports or cultural events and to certain mild behaviour contrary to the environment.

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

First. Article 31 is amended as follows:

" 1. The person acting as an administrator in fact or in the right of a legal person, or on behalf or legal or voluntary representation of another person, shall be liable personally, even if the conditions, qualities or relationships which correspond to it are not fulfilled. a crime or a fault is required to be able to be an active subject, if such circumstances occur in the entity or person in whose name or representation it covers.

2. In these cases, if a penalty is imposed on the author of the offence, he shall be liable for the payment of the offence directly and jointly by the legal person in whose name or on whose behalf he acted. '

Second. Article 33 (2), (3), (4) and (6) are amended as follows:

" 2. These are serious penalties:

(a) Prison over five years.

b) Absolute disablement.

c) Special disablement for longer than five years.

(d) The suspension of employment or public office for longer than five years.

e) The deprivation of the right to drive motor vehicles and mopeds for longer than eight years.

f) Deprivation of the right to hold and carry arms for longer than eight years.

g) Deprivation of the right to reside in certain places or to go to them for longer than five years.

(h) The prohibition of approaching the victim or those of his or her family members or other persons determined by the judge or tribunal for longer than five years.

i) The prohibition of communicating with the victim or with those of his or her family members or other persons determined by the judge or tribunal, for a period exceeding five years.

3. These are less severe penalties:

a) The prison of three months up to five years.

b) Special disqualifications up to five years.

c) The suspension of employment or public office for up to five years.

d) The deprivation of the right to drive motor vehicles and mopeds from one year and one day to eight years.

e) Deprivation of the right to a one-year, one-day, eight-year tenure and possession of weapons.

f) The deprivation of the right to reside in certain places or to go to them, for a period of six months to five years.

g) The prohibition of approaching the victim or those of his or her family members or other persons determined by the judge or tribunal, for a period of six months to five years.

(h) The prohibition of communicating with the victim or with those of his or her family members or other persons determined by the judge or tribunal, for a period of six months to five years.

i) The fine of more than two months.

j) The proportional fine, whichever is the amount.

k) Jobs for the benefit of the community of 31 to 180 days.

4. They are mild penalties:

(a) Deprivation of the right to drive motor vehicles and mopeds from three months to one year.

b) Deprivation of the right to hold and carry weapons from three months to one year.

(c) Deprivation of the right to reside in or to certain places for a period of less than six months.

d) The prohibition of approaching the victim or those of his or her family members or other persons determined by the judge or tribunal, for a period of one month to less than six months.

e) The prohibition of communicating with the victim or with those of his or her family members or other persons determined by the judge or tribunal, for a period of one month to less than six months.

f) The fine of 10 days to two months.

g) The permanent location.

h) Jobs for the benefit of the community of one to 30 days.

6. The ancillary penalties shall have the duration of the main sentence, except as expressly provided for in other provisions of this Code. "

Third. Article 35 is amended as follows:

"Prison, permanent location and subsidiary personal liability for non-payment of fines are custodial sentences."

Fourth. Article 36 (1), which is worded as follows, is amended as follows:

" 1. The term of imprisonment shall be at least three months and a maximum of 20 years, except where otherwise provided for in this Code.

Their compliance, as well as the penitentiary benefits that they entail shortening the sentence, will be in accordance with the provisions of the laws and in this Code. "

Fifth. Article 37 is amended as follows:

" 1. The permanent location will last up to 12 days. Their compliance compels the penalty to remain at their home or in place determined by the judge in sentence.

2. If the inmate so requests and the circumstances advise, the tax ministry, the sentencing judge or court may agree that the sentence be served on Saturdays and Sundays or on a non-continuous basis.

3. If the sentenced person fails to comply with the sentence, the judge or court of judgment shall deduct evidence to proceed in accordance with the provisions of Article 468. '

Sixth. Article 39 is amended as follows:

" These are proprietary penalties:

a) The absolute disablement.

(b) Special disablement for employment or public office, profession, trade, industry or commerce, or other activities determined in this Code, or of the rights of the country, authority, guardianship, guardianship or conservatorship, right of vote or any other right.

c) The suspension of employment or public office.

d) The deprivation of the right to drive motor vehicles and mopeds.

e) The deprivation of the right to the possession and carrying of weapons.

f) Deprivation of the right to reside in certain places or to go to them.

g) The prohibition of approaching the victim or those of his or her family members or other persons determined by the judge or tribunal.

h) The prohibition of communicating with the victim or with those of his or her family members or other persons determined by the judge or tribunal.

i) Work for the benefit of the community. "

Seventh. Article 40 is amended as follows:

" 1. The term of absolute disablement shall be six to 20 years, the term of special disablement shall be three months to 20 years, and the duration of the suspension of employment or public office from three months to six years.

2. The penalty of deprivation of the right to drive motor vehicles and mopeds, and the deprivation of the right to the possession and carrying of weapons, will last three months to 10 years.

3. The penalty of deprivation of the right to reside in certain places or to go to them will last for up to 10 years. The prohibition of approaching the victim or those of his or her family members or other persons, or of communicating with them, will last from one month to 10 years.

4. The penalty of works for the benefit of the community will be of a duration of one day to one year.

5. The duration of each of these penalties shall be that provided for in the preceding paragraphs, except as otherwise provided for in other provisions of this Code. "

Eighth. Article 42 is amended as follows:

" The penalty of special disablement for employment or public office produces the definitive deprivation of employment or office upon which he or she is elected, even if it is elective, and of the honors that are annexed to it.

Produces, in addition, the inability to obtain the same or other analogs, during the time of the conviction. The sentence shall specify the jobs, charges and honours on which the disablement falls. "

Ninth. Article 46 is amended as follows:

" The special disablement for the exercise of the fatherland power, guardianship, curatela, guardian or reception, deprives the penalty of the rights inherent to the first, and supposes the extinction of the others, as well as the incapacity for obtain appointment for such charges during the time of the conviction. The judge or tribunal may agree to this penalty for all or any of the minors who are in charge of the penalty, in consideration of the circumstances of the case. "

10th. Article 48 is amended, which is worded as follows:

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

2. The prohibition of approaching the victim, or those of his or her family members or other persons determined by the judge or tribunal, prevents the penalty from approaching them, wherever they are, as well as approaching their domicile, their places of and any other person who is frequented by them, being suspended in respect of their children, the regime of visits, communication and stay, which, if any, has been recognized in civil judgment until the full compliance with this penalty.

3. The prohibition of communicating with the victim, or with those of his or her family members or other persons determined by the judge or tribunal, prevents the criminal from establishing with them, by any means of communication or computer or telematics, contact written, verbal or visual.

4. The judge or tribunal may agree that the control of these measures shall be carried out through those electronic means that permit it. "

11th. Article 49 is amended as follows:

" The works for the benefit of the community, which may not be imposed without the consent of the penalty, oblige him to render his cooperation unpaid in certain activities of public utility, which may consist, in relation to with crimes of a similar nature to the one committed by the penalty, in order to repair the damage caused or to support or assist the victims. Their daily duration may not exceed eight hours and their conditions shall be as follows:

1. The execution shall be carried out under the control of the Judge of Penitentiary Surveillance, which, to this effect, will require the reports on the performance of the work to the Administration, public entity or association of general interest in which services are provided.

2. No. It will not tie the dignity of the penalty.

3. The work for the benefit of the community shall be facilitated by the Administration, which may establish the appropriate conventions for this purpose.

4. It will enjoy the protection afforded to the penados by the penal legislation in the field of Social Security.

5. It will not be contingent upon the achievement of economic interests.

6. The prison social services, made the necessary verifications, shall communicate to the Judge of Penitentiary Surveillance the relevant incidences of the execution of the sentence and, in any case, if the penalty:

(a) You are absent from work for at least two working days, provided that this results in a voluntary rejection of your party to the fulfillment of the sentence.

b) Despite the requirements of the head of the workplace, its performance is significantly lower than the minimum required.

(c) It shall be repeated or violated in a repeated manner and shall state the instructions given to it by the person responsible for the occupation concerned with the development of the occupation.

d) For any other reason, your conduct is such that the person responsible for the work refuses to continue keeping him in the center.

Once the report is valued, the Prison Surveillance Judge will be able to agree on his execution at the same center, send the penalty to the end of the execution of the report in another center, or understand that the penalty has been missed.

In the event of non-compliance, evidence shall be deducted to proceed in accordance with Article 468.

7. If the penalty is missing from work for justified reasons, it will not be understood as abandonment of the activity. However, the lost work shall not be taken into account in the settlement of the sentence, in which the days or days must be recorded which would have actually worked out of the total that would have been imposed on him. "

12th. Article 50 (3), (4) and (6) are amended as follows:

" 3. Its minimum extension will be 10 days and the maximum of two years.

4. The daily quota will have a minimum of two and a maximum of 400 euros. For the purposes of computation, when the duration is fixed for months or years, the months are understood to be 30 days and the 360 years.

6. The court may, for justified reasons, authorise the payment of the fine within a period not exceeding two years from the finality of the judgment, either once or within the time limits to be determined. In this case, the default of two of them shall determine the maturity of the remaining. "

13th. Article 51 is amended as follows:

" If, after the judgment, the economic situation of the penalty is varied, the judge or tribunal, exceptionally and after due inquiry into that situation, may amend both the amount of the periodic quotas and the time limits. for payment. "

14th. Article 52 is amended as follows:

" 1. Notwithstanding the provisions of the foregoing Articles and where the Code so determines, the fine shall be established in proportion to the damage caused, the value of the object of the offence or the benefit reported by it.

2. In such cases, the judges and courts will impose the fine within the limits set for each offence, considering to determine in each case their amount, not only the mitigating and aggravating circumstances of the event, but mainly the economic situation of the culprit.

3. If, after the judgment, the economic situation of the penalty is worsened, the judge or tribunal, exceptionally and after due inquiry into that situation, may reduce the amount of the fine within the limits set by the law for the crime. in question, or authorise its payment within the time limits to be determined. '

15th. Article 53 (1), (3) and (4) are amended as follows:

" 1. If the sentenced person does not satisfy, voluntarily or by way of award, the fine imposed, he shall be subject to a personal responsibility subsidiary of one day of deprivation of liberty for every two unsatisfied daily quotas, which, in the case of faults, may be fulfilled by permanent location. In this case, it will not govern the limitation that in its duration establishes article 37.1 of this Code.

The judge or tribunal may also, on the basis of the penalty, agree that the subsidiary liability shall be fulfilled by works for the benefit of the community. In this case, each day of deprivation of liberty will be equivalent to a working day.

3. This subsidiary liability shall not be imposed on those sentenced to a custodial sentence of more than five years.

4. Compliance with subsidiary liability extinguishes the obligation to pay the fine, even if the financial situation of the penalty is improved. "

sixteenth. Article 56 is amended and read as follows:

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

1. Suspension of employment or public office.

2. Special disablement for the right to stand as a candidate during the time of the sentence.

3. Special disablement for employment or public office, profession, trade, industry or trade or any other right, if they have been directly related to the offence committed, and must be expressly determined in the The Court of First Instance held that the Court of First Instance held that the Court of First Instance

2. The provisions of this Article are without prejudice to the application of the provisions of other provisions of this Code in respect of the imposition of these penalties. "

seventeenth. Article 57 is amended as follows:

" 1. Judges or courts, in crimes of homicide, abortion, injury, freedom, torture and moral integrity, sexual freedom and indemnity, privacy, the right to the own image and the inviolability of the home, the honour, heritage and socio-economic order, having regard to the seriousness of the facts or the danger which the offender represents, may, in their judgments, agree to the imposition of one or more of the prohibitions referred to in Article 48, by a time that will not exceed ten years if the offence is serious or five years if it is less serious.

However, if the sentenced person was sentenced to imprisonment and the judge or tribunal agreed to the imposition of one or more of those prohibitions, he will do so for a period of more than one to 10 years for the duration of the sentence. imprisonment imposed in the sentence, if the offence was serious, and between one and five years, if it were less serious. In this case, the sentence of imprisonment and the prohibitions referred to above will necessarily be met by the sentenced person simultaneously.

2. In the cases of the offences referred to in the first subparagraph of paragraph 1 of this Article, committed against whomever the spouse is or has been, or has been linked to the person convicted by a similar affectivity relationship, living together, or on the descendants, ascendants or siblings by nature, adoption or affinity, of their own or of the spouse or of the living, or on the minors or incapable of living with it or who are subject to the power, guardianship, curatelle, Spouse or survivor, or a person who is covered by any other relationship (a) for which it is integrated into the core of its family life, as well as the persons who, due to their special vulnerability, are subject to their custody or are kept in public or private centers will be agreed, in any case, application of the penalty provided for in Article 48 (2) for a period not exceeding 10 years if the offence is serious or five years if it is less serious, without prejudice to the second subparagraph of the preceding paragraph.

3. The prohibitions laid down in Article 48 may also be imposed for a period of time not exceeding six months by the commission of a qualified infringement as a fault against the persons referred to in Articles 617 and 620. '

Eighteenth. Article 58 is amended as follows:

" 1. The time of deprivation of liberty temporarily suffered shall be paid in full by the judge or court of judgment for the execution of the penalty or penalties imposed in the case where the deprivation was agreed.

2. The payment of provisional imprisonment on account other than that which was decreed shall be agreed upon ex officio or at the request of the penalty and after verification that it has not been paid in another cause, by the Judge of Penitentiary Surveillance of the jurisdiction of which the penitentiary in which the penado is located, after hearing the tax ministry.

3. Only the provisional imprisonment suffered in another case shall be carried out where the precautionary measure is after the criminal acts which have led to the penalty to which it is intended to be paid.

4. The above rules shall also apply in respect of the privately agreed rights. "

Nineteenth. Article 60 (1) is amended and read as follows:

" 1. When, after a pronounced final judgment, a lasting situation of serious mental disorder is assessed in the penalty which prevents him from knowing the meaning of the sentence, the Judge of Penitentiary Surveillance shall suspend the execution of the custodial sentence. the freedom to be imposed, ensuring that it receives the necessary medical assistance, for which it may decree the imposition of a measure of security of freedom from those provided for in this Code which may not be, in any case, more This is a serious issue. If it were a penalty of different nature, the

Penitentiary Surveillance Judge will appreciate if the penalty situation allows you to know the meaning of the penalty and, if necessary, suspend the execution by imposing the necessary security measures.

The Judge of Surveillance shall inform the tax ministry, in good time, of the imminent termination of the penalty or security measure imposed, for the purposes of the provision of the additional provision of this Code. "

Twenty. Paragraph 1 is amended and a paragraph 3 is added to Article 65, which shall be worded as follows:

" 1. Aggravating or mitigating circumstances that consist of any cause of a personal nature shall aggravate or mitigate the liability of only those in whom they are present. " " 3. Where, in the inductor or in the necessary cooperator, the conditions, qualities or personal relationships that are based on the guilt of the author are not met, the judges or courts may impose the lower penalty in grade than that indicated by the law for the infringement in question. '

Twenty first. Article 68 is amended as follows:

" In the cases provided for in the first circumstance of Article 21, the judges or courts shall impose a penalty of less than one or two degrees to that indicated by the law, attended by the number and entity of the missing or they are, and the personal circumstances of their author, without prejudice to the application of Article 66 of this Code. "

Twenty-second. Article 70 is amended as follows:

" 1. The upper and lower penalty to that provided by the law for any crime will have the extension resulting from the application of the following rules:

1. The upper penalty in grade will be formed from the maximum figure indicated by the law for the crime in question and increasing to this half of its amount, constituting the resulting sum its maximum limit. The minimum limit of the maximum penalty in grade shall be the maximum of the penalty indicated by the law for the offence in question, increased in one day or in a day fine according to the nature of the penalty to be imposed.

2. The lower penalty in grade shall be formed on the basis of the minimum figure indicated for the offence in question and deducted from it half of its amount, constituting the result of such deduction its minimum limit. The upper limit of the lower penalty in grade shall be the minimum of the penalty indicated by the law for the offence in question, reduced in one day or in a day fine according to the nature of the penalty to be imposed.

2. For the purposes of determining the upper or lower half of the penalty or of making the penalty lower or higher in grade, the day or day fine shall be considered indivisible and shall act as penological units of more or less, as the case may be.

3. Where, in the application of Rule 1 (1) of this Article, the upper penalty in grade exceeds the maximum limits set for each penalty in this Code, they shall be considered as immediately above:

1. º If the sentence determined was the prison sentence, the same penalty, with the clause that its maximum duration will be 30 years.

2. º If out of absolute or special disablement, the same penalty, with the clause that its maximum duration will be 30 years.

3. No. If out of suspension of employment or public office, the same penalty, with the clause that its maximum duration will be eight years.

4. º being deprived of the right to drive motor vehicles and mopeds, the same penalty, with the clause that its maximum duration will be 15 years.

5. The same penalty, with the clause that its maximum duration will be 20 years, is being treated as a deprivation of the right to the possession and carrying of weapons.

6. No treatment of deprivation of the right to reside in certain places or to go to them, the same penalty, with the clause that its maximum duration will be 20 years.

7. A prohibition to approximate the victim or those of his or her family members or other persons to be determined by the judge or tribunal, the same sentence, with the clause that the maximum duration shall be 20 years.

8. No treatment of a prohibition to communicate with the victim or with those of his or her family members or other persons determined by the judge or tribunal, the same sentence, with the clause that the maximum duration will be 20 years.

9. º If out of fine, the same penalty, with the clause that its maximum duration will be 30 months. "

Twenty-third. Article 71 is amended as follows:

" 1. In the determination of the lower penalty to a degree, the judges or courts will not be limited by the minimum amounts indicated in the law to each class of penalty, but they will be able to reduce them in the way that results from the application of the rule This is not the case for degradation.

2. However, where, by application of the above rules, it is necessary to impose a sentence of less than three months, that sentence shall in any case be replaced in accordance with the provisions of Section 2. of Chapter III of this Title, without prejudice to the suspension of the execution of the sentence in cases where appropriate. "

Twenty-fourth. Article 72 is amended and read as follows:

"The judges or courts, in the application of the penalty, in accordance with the rules contained in this chapter, shall reason in the judgment the degree and the concrete extension of the sentence."

Twenty-fifth. Article 74 (1) and (3) are amended, which are worded as follows:

" 1. By way of derogation from the foregoing Article, which, in the execution of a preconceived plan or taking the same occasion, carries out a plurality of actions or omissions which offend one or more subjects and infringes the same criminal law or precepts of the same or similar nature, will be punished as the author of a crime or lack continued with the penalty indicated for the most serious offence, which will be imposed in its upper half, being able to reach the lower half of the higher penalty in grade. '

" 3. Other than those established in the preceding paragraphs, the offences of an eminently personal property, other than those constituting offences against honour and sexual freedom and indemnity affecting the same taxable person, are exempted.

In such cases, the nature of the act and the infringement must be dealt with in order to apply criminal continuity or not. "

Twenty-sixth. The heading of Chapter III of Title III of book I of the Criminal Code, which is renamed:

"In the alternative forms of the execution of custodial sentences and probation."

Twenty-seventh. Article 80 (1) is amended and read as follows:

" 1. Judges or courts may suspend the execution of custodial sentences of no more than two years by means of a reasoned decision.

In such a resolution, the criminal danger of the subject, as well as the existence of other criminal proceedings against him, will be addressed. "

Twenty-eighth. The second condition of Article 81 is amended, which is worded as follows:

"2. The penalty or penalties imposed, or the sum of the penalties, shall not exceed two years, without including in such a calculation the derivative of the non-payment of the fine."

Twenty-ninth. Article 82 is amended as follows:

"Declared the firmness of the judgment and accredited the requirements laid down in the previous article, the judges or courts shall decide with the utmost urgency on the granting or not of the suspension of the execution of the sentence."

Thirty. Article 83 (1), which is worded as follows, is amended as follows:

" 1. The suspension of the execution of the sentence will always be conditional on the fact that the inmate does not delineate within the time limit set by the judge or tribunal, in accordance with Article 80.2 of this Code. In the event that the suspended sentence is imprisonment, the judge or court of judgment, if deemed necessary, may also condition the suspension to the fulfilment of the obligations or duties which it has set for it from the following:

1. Ban on going to certain places.

2. Prohibition of approaching the victim, or those of his or her family members or other persons determined by the judge or tribunal, or of communicating with them.

3. Prohibition of being absent without authorization from the judge or tribunal of the place where you reside.

4. First to appear personally to the court or tribunal, or service of the Administration that they point out, to inform and justify their activities.

5. Take part in training, employment, cultural, road and sex education programmes.

6. Fulfill the other duties that the judge or tribunal deems appropriate for the social rehabilitation of the penado, after compliance with it, provided that they do not attack their dignity as a person.

If the offences referred to in Articles 153 and 173.2 of this Code are dealt with, the judge or tribunal shall, in any event, condition the suspension of the obligations or duties provided for in the rules 1. paragraph. "

Thirty first. A new paragraph 3 is added to Article 84, which is worded as follows:

" 3. In the cases where the suspended sentence is that of imprisonment by commission of the offences referred to in Articles 153 and 173.2 of this Code, the failure by the inmate of the obligations or duties mentioned in the numbers 1 and 2 of the The first paragraph of Article 83 of this Code shall determine the revocation of the suspension of the execution of the sentence. "

Thirty-second. Article 85 is amended as follows:

" 1. The suspension will be revoked, the execution of the sentence will be ordered.

2. After the period of suspension fixed without having committed the subject, and if, if necessary, the rules of conduct set by the judge or tribunal, he shall agree to the remission of the sentence. "

Thirty-third. Article 87 (1) and (4) are amended as follows:

" 1. Even if the conditions 1 and 2 are not met, the judge or tribunal, with a hearing of the parties, may agree to suspend the execution of the custodial sentences of not more than five years of the penalties which have committed the criminal act because of their dependence on the substances referred to in Article 20 (2), provided that they are sufficiently certified, by public or private service or by a duly accredited or approved private service, that the (a) he or she is under treatment or has been treated for that purpose at the time of deciding on the suspension.

The judge or tribunal shall in any case request a report from the Medical Examiner on the foregoing. " " 4. In the event that the sentenced person is subject to treatment of the situation, the suspension of the execution of the sentence shall also be conditional upon him not giving up the treatment until the end of the treatment. The centres or services responsible for the treatment shall be obliged to provide the judge or court with a judgment, within the time limits laid down, and never with a periodicity of more than one year, the information required to check the commencement of the treatment. (a) to be regularly informed of its evolution, the changes to be experienced and its completion. "

Thirty-four. Article 88 is amended as follows:

" 1. The judges or courts may, after hearing the parties, replace in the same judgment, or subsequently in a reasoned order, before the commencement of their execution, the prison sentences not exceeding one year for fine or for work for the benefit of the community, even if the law does not provide for such penalties for the offence in question, where the personal circumstances of the inmate, the nature of the fact, his conduct and, in particular, the effort to repair the damage caused by him, provided that is not a regular prisoner, replacing each day in prison with two fine fees or one day of imprisonment. work. In such cases, the judge or tribunal may further impose upon penalty the observance of one or more obligations or duties provided for in Article 83 of this Code, if it has not been established as penalties in the judgment, for a time which may not exceed the duration of the replacement penalty.

Exceptionally, judges or courts may substitute fine or fine and work for the benefit of the community, prison sentences that do not exceed two years for non-habitual prisoners, when the circumstances of the event and the culprit is inferred that the fulfillment of those would have to thwart their aims of prevention and social reinsertion. In such cases, the replacement shall be carried out with the same requirements and in the same conversion terms and modules as set out in the previous paragraph for the penalty penalty.

In the event that the inmate has been convicted of the crime under Article 173.2 of this Code, the prison sentence can only be replaced by that of works for the benefit of the community.

In these cases, the judge or tribunal will additionally impose, in addition to the subjection to specific programs of reeducation and psychological treatment, the observance of the obligations or duties provided for in the numbers 1 and 2 of the First paragraph of Article 83 of this Code.

2. In the case of non-compliance in all or part of the replacement penalty, the prison sentence initially imposed shall be forfeited, where appropriate, the part of the time to which the quotas are satisfied, in accordance with the conversion rule. set out in the preceding paragraph.

3. In no case shall it be possible to replace penalties which are substitutes for others. "

Thirty-fifth. Article 92 is amended as follows:

" 1. By way of derogation from the provisions of the foregoing Articles, those sentenced to have been in the age of 70 years, or who comply with the time of termination of the sentence, and meet the requirements laid down, except for the expiry of three quarters of the The latter or, where appropriate, the two third parties, may obtain the grant of probation.

The same criterion will apply when, according to medical report, it is a very serious illness with incurable conditions.

2. By establishing to the prison administration that the inmate is in any of the cases provided for in the preceding paragraphs, he will raise the probation file, with the urgency that the case requires, to the Judge of Penitentiary Surveillance. which, when it comes to solving it, will assess the difficulty of the subject and the limited danger of the subject, together with personal circumstances.

3. If the danger to the life of the inmate, because of his illness or his advanced age, is patent, being so accredited by the opinion of the medical examiner and the medical services of the prison establishment the Judge of Surveillance Penitentiary may, subject to the degree progression, authorize the conditional release without further processing than requiring the prison facility to report the final prognosis to the object of being able to make the assessment referred to in the paragraph above, without prejudice to the monitoring and control provided for in Article 75 of the General Organic Law Penitentiary. "

Thirty-six. Article 94 is worded as follows:

" For the purposes referred to in Section 2. of this Chapter, it is considered as usual prisoners who have committed three or more offences of the same chapter, within a period not exceeding five years, and have been condemned for this.

In order to carry out this calculation, it will be considered, on the one hand, the moment of possible suspension or substitution of the penalty according to Article 88 and, on the other hand, the date of the commission of those crimes that substantiate the appreciation of habituality. "

Thirty-seventh. Article 95 (2) is amended and read as follows:

" 2. Where the penalty which may have been imposed for the offence committed is not a custodial offence, the judge or court of judgment may only agree to one or more of the measures provided for in Article 96.3. '

Thirty-eighth. Article 96 is amended as follows:

" 1. The security measures that can be imposed under this Code are private and non-custodial.

2. They are custodial measures:

1. Interment in psychiatric facilities.

2. The internment in the center of dishabituation.

3. Interment in special educational center.

3. They are non-custodial measures:

1. Professional Disablement.

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

3. The obligation to reside in a given place.

4. The prohibition to reside in the designated place or territory. In this case, the subject shall be obliged to declare the address of his or her choice and the changes to be made.

5. The prohibition to go to certain places or territories, sports or cultural events, or to visit establishments of alcoholic drinks or gambling.

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

7. The deprivation of the right to drive motor vehicles and mopeds.

8. The deprivation of the right to the possession and possession of weapons.

9. The prohibition to approximate the victim, or to those of his or her family members or other persons determined by the Judge or Court.

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

11. The submission to external treatment in medical centers or socio-sanitary establishments.

12. The submission to training, cultural, educational, professional, sex education and similar programs. "

Thirty-ninth. The wording of Article 97 is amended as follows:

" During the execution of the sentence, the sentencing judge or tribunal shall, by means of an adversarial procedure, upon a proposal by the Judge of Penitentiary Surveillance, take any of the following decisions:

a) Maintain the execution of the imposed security measure.

b) Decretar the cessation of any security measures imposed as soon as the subject's criminal dangerousness disappears.

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

(d) to suspend the execution of the measure in order to pay attention to the result already obtained with its application, for a period not exceeding that which is up to the maximum indicated in the judgment which imposed it.

The suspension will be conditional on the subject not being delineated within the time limit set, and may be left without effect if any of the circumstances provided for in Article 95 of this Code are again proven.

For these purposes, the Judge of Penitentiary Surveillance shall be obliged to raise at least annually a proposal for the maintenance, cessation, replacement or suspension of the security measure of the custodial sentence imposed. "

40th. Article 99 is amended and read as follows:

" In the case of concurrence of custodial sentences and security measures, the judge or tribunal will order the enforcement of the measure, which will be paid for the penalty. Once the security measure has been raised, the judge or tribunal may, if the execution of the penalty is liable to endanger the effects achieved through it, to suspend the performance of the rest of the sentence for a period not exceeding the duration of the the same, or to apply one of the measures provided for in Article 96.3. "

41st. Article 100 is amended as follows:

" 1. The breach of an detention security measure shall result in the judge or tribunal ordering the re-entry of the subject in the same centre of which he has been evaded or in another which corresponds to his state.

2. In the case of other measures, the judge or tribunal may agree to the replacement of the breach by that of detention if it is intended for the case in question and if the breach proves to be necessary.

3. In both cases the judge or tribunal shall deduct testimony for the breach. " 42nd. A paragraph 2 is added to Article 104 with the following wording:

" 2. Where a measure of detention is applied as provided for in the preceding paragraph or in Articles 101, 102 and 103, the judge or court of judgment shall communicate to the fiscal ministry, in good time, the proximity of its maturity, to the effects of the provisions of the first provision of this Code. '

Forty-third. Article 105 is amended as follows:

" In the cases provided for in Articles 101 to 104, the judge or tribunal shall, when imposing the custodial measure, or during the execution of the measure, reasonably agree that the subject to the measure shall observe one or more of the following measures:

1. For a time not exceeding five years:

a) Submission to external treatment in medical centers or social-health establishments.

b) Obligation to reside in a given location.

c) Prohibition of residing on the site or territory designated. In this case, the subject shall be obliged to declare the address of his or her choice and the changes to be made.

d) Prohibition of going to certain places or territories, sporting or cultural events, or of visiting establishments of alcoholic drinks or gambling.

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

f) Submission to training, cultural, educational, sex education and similar programs.

g) Prohibition of approaching the victim, or those of his or her family members or other persons determined by the judge or tribunal, or of communicating with them.

2. For a time of up to ten years:

(a) The deprivation of the right to the possession and possession of weapons.

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

To decree the obligation to observe some or some of the measures provided for in this article, the judge or court of judgment shall assess the reports issued by the faculty and professionals responsible for assisting the subject to the security measure.

The Judge of Penitentiary Surveillance or the services of the corresponding Administration shall inform the judge or court of judgment. "

Forty-fourth. Article 127 is amended as follows:

" 1. Any penalty that is imposed for a crime or a lack of pain will lead to the loss of the effects that come from them and from the goods, means or instruments with which it has been prepared or executed, as well as the proceeds from the crime or lack thereof. any changes that you have been able to experience.

The ones and the others will be seized, unless they belong to a third party in good faith who is not responsible for the crime that has legally acquired them.

2. If, for all circumstances, it is not possible to make the goods referred to in the previous paragraph, the same shall be agreed for an equivalent value of other goods belonging to the criminally responsible for the event.

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

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

Forty-fifth. Article 129 (1) is amended and read as follows:

" 1. The judge or tribunal, in the cases provided for in this Code, and without prejudice to the provisions of Article 31 thereof, may, after hearing the tax ministry and the holders or their legal representatives, impose, on the grounds of Consequences:

(a) Closing of the undertaking, its premises or establishments, either temporarily or definitively.

The temporary closure may not exceed five years.

b) Dissolution of society, association or foundation.

c) Suspension of the activities of the company, company, foundation or association for a period not exceeding five years.

d) Prohibition of carrying out in the future activities, commercial operations or business of the class of those in whose exercise the crime has been committed, favored or covered up. This prohibition may be temporary or final. If it is temporary, the period of prohibition shall not exceed five years.

(e) The intervention of the undertaking to safeguard the rights of workers or creditors for the necessary time and without exceeding a maximum period of five years. "

Forty-sixth. Article 130 is amended as follows:

" Criminal responsibility is extinguished:

1. The death of the inmate.

2. º For the fulfillment of the conviction.

3. º For the definitive remission of the penalty, in accordance with the provisions of Article 85.2 of this Code.

4. º For the pardon.

5. For the forgiveness of the offended, when the Law so provides. Forgiveness must be expressly granted before a judgment has been given, to which effect the judge or court of judgment shall hear the offence for the offence before it is issued.

In crimes or offenses against minors or incapacitated, judges or courts, hearing the tax ministry, will be able to reject the effectiveness of the pardon granted by the representatives of those, ordering the continuation of the procedure, with the intervention of the Prosecutor's Office, or the fulfillment of the sentence.

To reject the pardon referred to in the preceding paragraph, the judge or tribunal shall again hear the representative of the minor or incapable.

6. º For the prescription of the crime.

7. º For the prescription of the penalty or the security measure. "

Forty-seventh. Article 131 (1) and (4) are amended as follows:

" 1. The offences prescribe:

At 20 years old, when the maximum sentence for the crime is 15 or more years.

At 15, when the maximum penalty indicated by the law is disabled for more than 10 years, or imprisonment for more than 10 years and less than 15 years.

At 10, when the maximum penalty indicated by the law is imprisonment or disablement for more than five years and does not exceed 10 years.

At five, when the maximum penalty indicated by the law is imprisonment or disablement for more than three years and does not exceed five years.

At the age of three, the remaining less serious crimes.

The crimes of slander and slander prescribe a year. "

" 4. Crimes against humanity and genocide and crimes against persons and property protected in the event of armed conflict shall in no case be prescribed. "

Forty-eighth. Article 132 (1) is amended and read as follows:

" 1. The terms set out in the preceding article shall be taken into account from the day on which the punishable offence was committed. In cases of continued crime, a permanent offence, as well as infringements requiring habituality, such terms shall be computed, respectively, from the day on which the last infringement was carried out, since the unlawful situation was eliminated or since the conduct ceased.

In the attempted murder and crimes of non-consensual abortion, injury, freedom, torture and moral integrity, sexual freedom and compensation, privacy, the right to the image itself and the inviolability of the domicile, where the victim is a minor, the terms shall be computed from the day on which the victim has reached the age of majority, and if he dies before reaching the age, from the date of death. '

Forty-ninth. Article 133 is amended as follows:

" 1. Penalties imposed by a firm sentence are prescribed:

At 30, prison for more than 20 years.

At 25 years old, those in prison of 15 years or more without exceeding 20 years.

At 20, disablement for more than 10 years and prison for more than 10 years and less than 15 years.

At 15, those who have been disabled for more than six years and who do not exceed 10, and those in prison for more than five years and who do not exceed 10 years.

At 10, the remaining severe penalties.

At five, the least serious penalties.

A year, the mild penalties.

2. The penalties imposed for crimes against humanity and genocide and for crimes against persons and property protected in the event of armed conflict shall in no case be prescribed. "

Quinetieth. Article 136 (1), (2), (3) and (5) are amended as follows:

" 1. Those convicted who have extinguished their criminal liability have the right to obtain from the Ministry of Justice, on their own initiative or at the request of a party, the cancellation of their criminal records, after a report by the judge or court of judgment.

2. Recognition of this right will be essential requirements:

1. Having satisfied the civil liability arising from the infringement, except in the cases of insolvency declared by the judge or court of judgment, except that the economic situation of the inmate had improved.

By way of derogation from the foregoing paragraph, in the case provided for in Article 125 it shall be sufficient for the inmate to be in the ordinary course of the split payments which the judge or tribunal has given him and, in the case of the court, of this, sufficient guarantee in respect of the deferred amount.

2. No, the following deadlines: six months for minor sentences; two years for sentences not exceeding 12 months and those imposed for imprudent offences; three years for the penalties; other less serious penalties; and five for serious penalties.

3. These periods shall be counted from the day following that in which the penalty is extinguished, but if this occurs by conditional remission, the time limit, after obtaining the final remission, shall be computed by rolling back the following day to the day following that that the penalty has been paid if the benefit has not been enjoyed.

In this case, it will be taken as the initial date for the computation of the duration of the sentence, the day following the granting of the suspension. " " 5. In cases where, in spite of the requirements laid down in this article for cancellation, either at the request of the person concerned or on the initiative of the Ministry of Justice, the latter has not been produced, the judge or tribunal, circumstances, will order the cancellation and will not take into account such antecedents. "

Quincuenti40 first. The first paragraph of Article 146 is amended, which is read as follows:

"The one who for serious recklessness will cause an abortion will be punished with the imprisonment of three to five months or fine of six to 10 months."

Quinetieth second. Article 147 (2) is amended and read as follows:

" 2. However, the fact described in the preceding paragraph shall be punishable by imprisonment of three to six months or a fine of six to 12 months, where it is of lesser seriousness, served by the means employed or the result produced. '

Quinetieth third. Article 152 (1) and (2) are amended as follows:

" 1. The person who, by way of serious recklessness, shall cause any of the injuries provided for in the foregoing articles shall be punished:

1. With the prison term of three to six months, if the injury is dealt with in Article 147.1.

2. With the prison term of one to three years, if it were the injuries of Article 149.

3. With the prison term of six months to two years, if the injury is dealt with in Article 150.

2. Where the facts referred to in this Article have been committed using a motor vehicle, a moped or a firearm, the right to drive motor vehicles and mopeds or motor vehicles shall be imposed, respectively, and respectively. the right to the holding and carrying of arms at the end of one to four years. "

Quinetieth quarter. Article 154 is amended and read as follows:

" Those who give to each other, engaging in tumult, and using means or instruments that endanger the life or integrity of the people, will be punished for their participation in the fight with the prison sentence of three. months to one year or fine of six to 24 months. "

Quinetieth fifth. The first paragraph of Article 158 is amended, which is read as follows:

"He who, by gross imprudence, committed the facts described in the previous article, shall be punished with the imprisonment of three to five months or a fine of six to 10 months."

Quinetieth sixth. Article 160 is amended, which is worded as follows:

" 1. The use of genetic engineering to produce biological weapons or exterminators of the human species, will be punished with the imprisonment of three to seven years and special disablement for employment or public office, profession or trade for time from seven to 10 years.

2. They will be punished with the imprisonment of one to five years and special disablement for employment or public office, profession or trade of six to 10 years who fertilize human eggs with any other end than human procreation.

3. The creation of identical human beings by cloning or other procedures aimed at the selection of the race will be punished with the same penalty. "

Fifty-seventh. Article 161 is amended, which is to have the content of the current Article 162.

Fifty-eighth. Article 162 is amended as follows:

" In the offences referred to in this Title, the judicial authority may impose some or some of the consequences provided for in Article 129 of this Code when the culprit belongs to a company, organization or association, even of a transitional nature, that will be dedicated to the realization of such activities. "

Fifty-ninth. Article 170 (2) is amended and read as follows:

" 2. They will be punished with the prison sentence of six months to two years, which, with the same purpose and gravity, publicly claim the commission of violent actions by armed gangs, organizations or terrorist groups. "

60th. Article 171 is amended as follows:

" 1. The threats of a bad that do not constitute a crime shall be punishable by imprisonment of three months to one year or fine of six to 24 months, attended to the gravity and circumstance of the fact, when the threat is conditional and the condition shall not consist in a proper conduct. If the culprit has achieved his purpose, he will be sentenced in his superior half.

2. If someone else demands an amount or reward under the threat of revealing or spreading facts concerning his or her private life or family relationships that are not publicly known and may affect his fame, credit or interest, he/she will be punished with the prison sentence of two to four years, if he has obtained the delivery of all or part of the required, and with that of four months to two years, if he does not get it.

3. If the fact described in the previous paragraph consists of the threat to disclose or report the commission of any offence, the tax ministry may, in order to facilitate the punishment of the threat, refrain from charging for the offence whose disclosure has been made. threatened, unless the latter is punishable by imprisonment of more than two years. In the latter case, the judge or tribunal may reduce the penalty by one or two degrees. "

60th first. Article 172 is amended as follows:

" He who, without being legitimately authorized, would prevent another with violence from doing what the law does not prohibit, or compels him to do what he does not want, be fair or unjust, will be punished with the imprisonment of six months to three years or with a fine of 12 to 24 months, depending on the severity of the coercion or the means used.

When the coercion exercised is intended to prevent the exercise of a fundamental right, the penalties shall be imposed on him in his superior half, except that the fact has more than a penalty in another precept of this Code. "

60th Second. Article 174 (1) is amended, which is read as follows:

" 1. He commits torture to the authority or public servant who, by abusing his position, and in order to obtain a confession or information from any person or to punish him for any fact that he has committed or is suspected of having committed, or for any reason based on some form of discrimination, subject to conditions or procedures which, by their nature, duration or other circumstances, involve physical or mental suffering, the suppression or reduction of their knowledge faculties, judgment or decision or which, in any other way, they are against their moral integrity. The guilty of torture will be punished with the imprisonment of two to six years if the attack was serious, and one to three years in prison if it is not. In addition to the penalties identified, it shall be imposed, in any case, for the total disablement of eight to 12 years. "

60th 3rd. Article 179 is amended and read as follows:

" When sexual assault consists of vaginal, anal or oral carnal access, or the introduction of body members or objects by any of the first two ways, the person responsible will be punished as a violation of the prison for six to 12 years. " Sixty-fourth. Article 182 (1) is amended and read as follows:

" 1. In all cases of the previous article, when sexual abuse consists of carnal, anal or oral access, or the introduction of body members or objects by some of the first two ways, the person responsible will be punished with the prison for four to 10 years. "

60th fifth. Article 183 (2) is amended and read as follows:

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

60th sixth. Article 184 is amended and read as follows:

" 1. I shall ask for favours of a sexual nature, for itself or for a third party, in the field of a continuing or habitual employment, teaching or service relationship, and with such behaviour shall cause the victim an objective situation and seriously intimidating, hostile or humiliating, will be punished, as an author of sexual harassment, with the prison term of three to five months or a fine of six to 10 months.

2. If the guilty of sexual harassment had committed the act by prevalding a situation of labour, teaching or hierarchical superiority, or with the express or tacit announcement of causing the victim a wrong related to the legitimate expectations of the victim may have in the field of the indicated relationship, the penalty will be of imprisonment of five to seven months or fine of 10 to 14 months.

3. Where the victim is particularly vulnerable, by reason of his age, illness or situation, the sentence shall be imprisonment of five to seven months or a fine of 10 to 14 months in the cases provided for in paragraph 1, and imprisonment of six months to one year in the case of cases referred to in paragraph 2 of this Article. '

60th seventh. Article 185 is amended as follows:

"The one who will execute or do to execute another person acts of obscene display before minors or incapable, will be punished with the imprisonment of six months to a year or fine of 12 to 24 months."

60th 8th. Article 186 is amended as follows:

"He who, by any means, will sell, disseminate or exhibit pornographic material among minors or incapable, shall be punished with the imprisonment of six months to one year or fine from 12 to 24 months."

60th ninth. Article 189 is amended, which is worded as follows:

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

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

(b) The one that produces, sells, distributes, exhibits or facilitates the production, sale, distribution or display by any means of pornographic material in whose manufacture minors or incapable persons have been used, or possess for these purposes, even if the material has its origin abroad or is unknown.

2. He who for his own use possesses pornographic material in whose manufacture they would have been used minors or incapable, will be punished with the penalty of three months to one year of imprisonment or with fine of six months to two years.

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

(a) When using children under 13 years of age.

b) When the facts are of a particularly degrading or vexatious character.

c) When the facts are of particular gravity, taking into account the economic value of the pornographic material.

d) When pornographic material represents children or those who are victims of physical or sexual violence.

e) When the culprit belongs to an organization or association, even of a transitory nature, that will be dedicated to the realization of such activities.

f) When the person responsible is ascending, guardian, curator, keeper, teacher or any other person in charge, in fact or in law, of the minor or incapable.

4. The fact that a child is involved in a behavior of a sexual nature that harms the evolution or development of his personality will be punished with the imprisonment of six months to one year.

5. The person who has the right, guardianship, guardian, or shelter of a minor or incapable and who, with knowledge of his or her state of prostitution or corruption, does not do what is possible to prevent his continuation in such a state, or not to go to the authority competent for the same purpose if it lacks the means for the custody of the child or incapable, shall be punished with the imprisonment of three to six months or fine of six to 12 months.

6. The tax ministry shall promote the relevant actions in order to deprive the person of the right, custody, guardian or family, if any, of the person who incurs any of the conduct described in the previous paragraph.

7. It shall be punishable by imprisonment of three months to one year or a fine of six months to two years for which I shall produce, sell, distribute, display or provide any pornographic material in which it has not been used directly. less or less, your voice or altered or modified image is used.

8. In the cases provided for in the preceding paragraphs, the measures provided for in Article 129 of this Code may be imposed where the guilty party belongs to a company, organisation or association, even of a transitional nature, which shall be allocated to the performance of such activities. "

Septuageth. Article 195 (3) is amended and read as follows:

" 3. If the victim is accidentally caused by an accident, for which he has omitted the aid, the sentence will be six months to 18 months, and if the accident should be imprudent, the prison sentence from six months to four years. "

Septuageth first. Article 206 is amended and read as follows:

"The calumnies will be punished with prison sentences of six months to two years or fine of twelve to 24 months, if they will be spread with publicity and, in another case, with a fine of six to 12 months."

Septutieth second. Article 215 (1) is amended, which is read as follows:

" 1. No one shall be punished for slander or injury but under the complaint of the person offended by the offence or his legal representative. It shall be carried out on its own initiative where the offence is directed against public officials, authorities or agents of the same on facts concerning the exercise of their duties. "

Septuentile third. Article 221 (1), which is worded as follows, is amended as follows:

" 1. Those who, by means of economic compensation, give to another person a child, a descendant or any minor even though there is no relation of parentage or parentage, avoiding the legal procedures of the guardian, acceptance or adoption, with the aim to establish a relationship analogous to that of filiation, shall be punished with prison sentences of one to five years and of special disablement for the exercise of the right of the fatherland authority, guardianship, curatela or guardian for four to 10 years. "

Septutieth fourth. Article 225 is amended and read as follows:

" When the person responsible for the offences provided for in the previous two articles restituts the child or the child to his or her domicile or residence, or deposits him in a known and safe place, without having been subjected to abuse, If any of the following acts or acts of criminal offence, or have endangered his life, health, physical integrity or sexual freedom, the fact shall be punishable by imprisonment of three months to one year or a fine of six to 24 months, provided the place of stay of the minor or unable to have been communicated to their parents, guardians or guarders, or the absence would not have been more than 24 hours. "

Septutieth fifth. Article 226 (1) is amended and read as follows:

" 1. The person who will cease to fulfill the legal duties of assistance inherent in the fatherland authority, guardianship, guardian or family reception or to provide the necessary assistance legally established for the sustenance of his descendants, ascendants or spouse, who are in need, will be punished with the imprisonment of three to six months or a fine of six to 12 months. "

Septuentieth sixth. Article 227 (1) is amended and read as follows:

" 1. I shall cease to pay for two consecutive months or four consecutive months any kind of economic benefit in favour of his spouse or his children, established in a judicially approved convention or judicial decision in the cases of legal separation, divorce, marriage declaration of nullity, filiation process, or process of food in favor of their children, will be punished with the imprisonment of three months to one year or fine of six to 24 months. "

Septutieth seventh. Article 234 is amended as follows:

"The one who, for profit, will take the things furniture outside without the will of his owner will be punished, as a prisoner of theft, with the prison sentence of six to 18 months if the amount of the subtracted exceeds 400 euros."

Septutieth eighth. Article 236 is amended, as follows:

" It shall be punishable by a fine of three to 12 months, which, being the owner of a piece of furniture or acting with the consent of the latter, shall be liable to the person who legitimately has it in his possession, to the detriment of himself or of a third party, the value of the EUR 400 shall be exceeded. '

Septutieth ninth. Article 244 (1) is amended, which is read as follows:

" 1. A motor vehicle or other non-motor vehicle, the value of which exceeds EUR 400, shall not be used without proper authorization, shall be punishable by work for the benefit of the community of 31 to 90 days or a fine of six to 12 months if it is returned, directly or indirectly, within a period of not more than 48 hours, without, in any event, the penalty imposed may be equal to or greater than that which it would correspond to if the vehicle was definitively appropriated. "

Octogth. Article 246 is amended and read as follows:

" The one that will alter terms or lines of peoples or herages or any kind of signs or mojones intended to fix the limits of properties or demarcations of contiguous premises, both in public and private domain, will be punished with the penalty of fine of three to 18 months, if the reported or intended utility exceeds 400 euros. "

Octopth first. Article 247 is amended and read as follows:

" Which, without being authorized, will distract the waters of public or private use of its course, or of its natural or artificial reservoir, will be punished with the penalty of fine of three to six months if the reported utility exceeded 400 euro. "

Octopth second. A paragraph 3 is added to Article 248, which is worded as follows:

" 3. The same penalty shall apply to those who manufacture, introduce, possess or facilitate computer programs specifically intended for the commission of the scams provided for in this Article. "

Octopth third. Article 249 is amended and read as follows:

" Scam prisoners will be punished with the imprisonment of six months to three years, if the amount of the defraud exceeded 400 euros. For the purposes of fixing the penalty, account shall be taken of the amount of the defraud, the economic breakdown caused to the injured party, the relations between the latter and the fraudster, the means employed by the latter and the other circumstances in which the gravity of the infringement. "

October fourth. Article 252 is amended, which is worded as follows:

" They shall be punished with the penalties of Article 249 or 250, if any, which, to the detriment of another, shall appropriate or distract money, effects, securities or any other movable or active assets that they have received in deposit, Commission or administration, or any other title which produces or returns them, or refuses to have received them, where the amount of the appropriate amount exceeds four hundred euro. Such penalty shall be imposed in its upper half in the case of a necessary or miserable deposit. "

Octoth fifth. Article 253 is amended and read as follows:

" They will be punished with the penalty of fine of three to six months, which, with a profit motive, will appropriate a loss or an unknown owner, provided that in both cases the value of the appropriate amount exceeds 400 euros. If it were things of artistic, historical, cultural or scientific value, the sentence will be of imprisonment of six months to two years. "

Octoth sixth. Article 254 is amended, which is worded as follows:

" It shall be punishable by a fine of three to six months for which, having received undue error, by mistake of the transmitte, money or other piece of furniture, deny having received it or, checked the error, does not proceed to its refund, provided that the amount of the received exceeds EUR 400. '

Octogth seventh. The first paragraph of Article 255 is amended and read as follows:

" It shall be punishable by a fine of three to 12 months for the person to defraud by a value of more than 400 euros, using electric power, gas, water, telecommunications or other element, energy or other fluid, by any of the the following means: "

Octoth eighth. Article 256 is amended, which is worded as follows:

"The one that makes use of any telecommunications terminal equipment, without the consent of its owner, causing to this an injury exceeding 400 euros, will be punished with the penalty of fine of three to 12 months."

Octoth ninth. Article 259 is amended and read as follows:

" Will be punished with the penalty of one to four years of imprisonment and fine of 12 to 24 months, the debtor who, once admitted to processing the application of the contest, without being authorized for it neither judicially nor by the administrators conscribe, and outside of the cases permitted by law, make any act of patrimonial disposition or generator of obligations, intended to pay one or several creditors, privileged or not, with the rest of the rest. "

Nontieth. Article 260 is amended and read as follows:

" 1. He who is declared in contest shall be punished with the sentence of imprisonment of two to six years and fine of eight to 24 months, when the situation of economic crisis or insolvency is caused or aggravated by the debtor or person acting in his or her name.

2. It shall be taken into account in order to graduate the amount of the injury to the creditors, their number and economic condition.

3. This offence and the individual offences relating to him, committed by the debtor or person acting on his behalf, may be pursued without waiting for the conclusion of the civil proceedings and without prejudice to the continuation of the civil proceedings. The amount of civil liability arising from such offences shall, where appropriate, be incorporated into the mass.

4. In no case, the classification of insolvency in civil proceedings is linked to criminal jurisdiction. "

Nonentist first. Article 261 is amended, which is worded as follows:

" He who in court proceedings shall, knowingly, submit false data relating to the accounting state, in order to obtain unduly the declaration of that state, shall be punished with the imprisonment of one to two years and a fine of six years to 12 months. "

Nontieth second. Article 262 is amended and read as follows:

" 1. Those who ask for handouts or promises not to take part in a contest or public auction; those who try to keep the bidders away from them by means of threats, handouts, promises or any other artifice; those who will be involved with the the purpose of altering the price of the auction, or those that fraudulently bankrupt or abandon the auction having obtained the award, will be punished with the imprisonment of one to three years and fine of 12 to 24 months, as well as special disablement to tender for court auctions between three and five years. In the case of a contest or auction called by the public authorities, the staff member and the person or undertaking shall also be subject to the penalty of special disablement, which shall in any event include the right to to contract with public administrations for a period of three to five years.

2. The judge or tribunal may impose some or some of the consequences provided for in Article 129 if the guilty party belongs to any society, organization or association, even of a transitional nature, which shall be dedicated to the realization of such activities. '

Nonentith third. Article 263 is amended and read as follows:

" The person who will cause damages in foreign property not included in other titles of this Code, will be punished with the penalty of fine of six to 24 months, attended to the economic condition of the victim and the amount of the damage, if it is exceeded EUR 400. '

Nontieth quarter. The first paragraph of Article 267 is amended, as follows:

"The damages caused by serious recklessness in excess of 80,000 euros, will be punished with the penalty of fine of three to nine months, taking into account the importance of the same." Ninetieth fifth. Article 270 is amended as follows:

" 1. He shall be punished with the imprisonment of six months to two years and a fine of 12 to 24 months who, for profit and to the detriment of the third party, reproduce, plagiarize, distribute or publicly communicate, in whole or in part, a literary, artistic or scientific, or its transformation, interpretation or artistic execution fixed in any form of support or communicated through any means, without the authorization of the holders of the corresponding intellectual property rights or of their asionaries.

2. It shall be punishable by imprisonment of six months to two years and a fine of 12 to 24 months who intentionally export or store copies of the works, productions or executions referred to in the previous paragraph without the said authorisation. Similarly, those products without such authorization shall be subject to the same penalty, whether or not they have a lawful origin or illegal in their country of origin; however, the importation of such products shall be subject to the same penalty. State belonging to the European Union shall not be punishable where those have been acquired directly from the holder of the rights in that State, or with their consent.

3. It shall also be punishable by the same penalty as those who manufacture, import, put into circulation or have any means specifically intended to facilitate unauthorised deletion or the neutralisation of any technical device which has been used to protect computer programs or any of the other works, interpretations or executions in accordance with the terms of paragraph 1 of this Article. "

Ninetieth sixth. Article 271 is amended as follows:

" The prison sentence of one to four years shall be imposed, a fine of 12 to 24 months and a special disablement for the exercise of the profession related to the offence committed, for a period of two to five years, when any of the the following circumstances:

(a) That the profit obtained is of special economic importance.

b) That the facts are of particular gravity, taking into account the value of the objects produced illicitly or the special importance of the damage caused.

(c) The guilty party shall belong to an organisation or association, even of a transitional nature, which has the purpose of carrying out activities infringing intellectual property rights.

d) To use children under 18 years of age to commit these crimes. "

Nontieth seventh. Article 273 (1) is amended as follows:

" 1. It shall be punishable by imprisonment of six months to two years and a fine of 12 to 24 months which, for industrial or commercial purposes, without the consent of the holder of a patent or utility model and with knowledge of its registration, manufacture, amount, possess, use, offer or enter into trade objects covered by such rights. "

Nontieth 8th. Paragraph 1 is amended and paragraphs 3 and 4 are added to Article 274, with the following wording:

" 1. It shall be punishable by six months to two years imprisonment and fine of 12 to 24 months for industrial or commercial purposes, without the consent of the holder of an industrial property right registered under the law of trademarks and with knowledge of the register, reproduce, imitate, modify or otherwise use a distinctive sign identical or confused with that, in order to distinguish the same or similar products, services, activities or establishments for which the The right of industrial property is registered. Similarly, those products without such consent shall be subject to the same penalty, whether or not they have a lawful origin or illegal in their country of origin; however, the importation of the products concerned a State belonging to the European Union shall not be punishable where those have been acquired directly from the holder of the rights of that State, or with their consent. ' " 3. It shall be punishable by the same penalty as for agricultural or commercial purposes, without the consent of the holder of a plant variety right and with knowledge of his registration, production or reproduction, conditioning with a view to production or reproduction, offer for sale, sell or otherwise market, export or import, or possess for any of the purposes mentioned, plant material for the reproduction or multiplication of a protected plant variety in accordance with the legislation on protection of Plant variety

4. Any of the acts described in the preceding paragraph shall be punishable by the same penalty under the name of a protected plant variety, propagating or propagating plant material which does not belong to such a variety. "

Nontieth ninth. Article 276 is amended, which is worded as follows:

" The prison sentence of one to four years shall be imposed, a fine of 12 to 24 months and a special disablement for the exercise of the profession related to the offence committed, for a period of two to five years, when any of the the following circumstances:

(a) That the profit obtained is of special economic importance.

b) That the facts are of particular gravity, taking into account the value of the objects produced illicitly or the special importance of the damage caused.

(c) The guilty party shall be liable to an organisation or association, even of a transitional nature, which has the purpose of carrying out activities infringing industrial property rights.

d) To use children under 18 years of age to commit these crimes. "

Hundredth. Article 282 is amended as follows:

" Manufacturers or traders who, in their offers or advertising of products or services, make false or manifest claims, shall be punished with the imprisonment of six months to a year or a fine of 12 to 24 months. (a) they have an effect on them, so that they can cause serious and manifest harm to consumers, without prejudice to the penalty to be applied by the commission for other offences. '

Hundredth first. Article 284 is amended, which is worded as follows:

" The prison sentence of six months to two years or a fine of 12 to 24 months will be imposed, to which, spreading false news, using violence, threat or deception, or using inside information, will try to alter the prices that they are to be free from the free movement of goods, goods, securities, services or any other movable or immovable property which is the subject of recruitment, without prejudice to the penalty which may be imposed on them for other offences tasks. "

Hundredth second. Article 285 is amended as follows:

" 1. Who, directly or by person, will use any information relevant to the listing of any kind of securities or instruments traded on any organized, official or recognized market, to which he has had access reserved (a) the time limit for the exercise of his or her professional or business activity, or the supply of an economic benefit exceeding EUR 600 000 for a third party or for a third party, or causing injury of the same amount, shall be punishable by imprisonment of one to four years, a fine of both the triplet of the profit obtained or favored and disablement special for the pursuit of the profession or activity of two to five years.

2. The sentence of imprisonment of four to six years shall be applied, the fine of both the triplet of the benefit obtained or favoured and special disablement for the exercise of the profession or activity of two to five years, when in the conduct described in the Previous paragraph is one of the following:

1. That subjects are routinely engaged in such abusive practices.

2. That the benefit obtained is of significant importance.

3. That serious damage to general interests is caused. "

Hundredth third. Article 286 is amended and read as follows:

" 1. It shall be punishable by imprisonment of six months to two years and a fine of six to 24 months, which, without the consent of the service provider and for commercial purposes, provides intelligible access to a radio or television broadcasting service, to interactive services provided at a distance by electronic means, or provide conditional access to them, considered as an independent service, by:

1. The manufacture, import, distribution, making available by electronic means, sale, rental, or possession of any computer or software, not authorized in another Member State of the European Union, designed or adapted to make such access possible.

2. The installation, maintenance or replacement of computer equipment or software referred to in paragraph

.

2. The same penalty shall be punishable by the person who, for profit, alters or doubles the number of the telecommunications equipment, or markets equipment which has suffered fraudulent alteration.

3. A person who, without profit, provides third parties with the access described in paragraph 1, or by means of a public, commercial or no communication, provides information to a plurality of persons on how to obtain unauthorised access to a third party. service or the use of a device or programme, of those expressed in paragraph 1, with an incentive to achieve them, shall be subject to the penalty of fine in that provision.

4. The penalty provided for in Article 255 of this Code shall be imposed on the person who uses equipment or programmes which allow unauthorised access to conditional access services or telecommunications equipment, irrespective of the amount of the Fraud. "

Hundredth fourth. Article 287 (1) is amended and read as follows:

" 1. To proceed with the offences provided for in section 3 of this chapter, it will be necessary to denounce the person who has been wronged or his legal representatives. When the person is a minor, unable or an invalid person, he/she may also report the tax ministry. "

Hundredth fifth. Article 289 is amended and read as follows:

" He who by any means destroys, will not use or will damage a thing of his own social or cultural utility, or in any way the subtract to the fulfillment of the legal duties imposed in the interest of the community, will be punished with the imprisonment of three to five months or a fine of six to 10 months. "

Hundredth sixth. Article 298 (3) is amended and read as follows:

" 3. In no case shall it be possible to impose a custodial sentence that exceeds that of the undercover offence. If he is punished by another nature, the custodial sentence shall be replaced by a penalty of 12 to 24 months, unless the offence is assigned a penalty equal to or less than that; in such a case, the guilty party shall be liable to the penalty of that crime in its lower half. "

Hundredth seventh. Article 299 is amended as follows:

" 1. The one who, with a profit motive and with knowledge of the commission of facts constitutive of lack of property, will usually take advantage of or will help the guilty to benefit from the effects of the same, will be punished with the penalty of prison from six months to one year.

2. If the effects are to be received or acquired to deal with them, the penalty will be imposed in its upper half and, if the facts are made locally open to the public, the fine of 12 to 24 months will also be imposed. In such cases, the judges or courts, taking into account the seriousness of the fact and the personal circumstances of the offender, may also impose on him the penalty of special disablement for the exercise of his profession or industry for a period of time. three years, and agree on the temporary or final closure measure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. ' Hundredth eighth. In Article 301, paragraph 1 is amended and paragraph 5 is added as follows:

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

The penalty will be imposed in its superior half when the property has its origin in any of the crimes related to the trafficking of toxic drugs, narcotic drugs or psychotropic substances described in articles 368 to 372 of this Code.

In these cases the provisions contained in Article 374 of this Code shall apply. " " 5. If the guilty party has obtained profits, they shall be seized in accordance with the rules of Article 127 of this Code. "

Hundredth ninth. Article 302 is amended as follows:

" 1. In the cases provided for in the preceding article, the custodial sentences shall be imposed in their upper half of the persons belonging to an organization dedicated to the purposes stated therein, and the higher penalty to the heads, administrators or managers of those organisations.

2. In such cases, the judges or courts shall impose, in addition to the penalties concerned, the special disablement of the inmate for the pursuit of his profession or industry for three to six years, the comiso of the goods subject to the offence and the products and profits obtained directly or indirectly from the criminal act, and may, in addition, decree any of the following measures:

(a) The application of any of the measures provided for in Article 129 of this Code.

(b) The loss of the possibility of obtaining grants or public aid and of the right to benefit from tax or social security benefits or incentives, for the duration of the duration of the largest custodial sentence imposed. "

Hundredth tenth. Article 305 (1) and (3) are amended, which are worded as follows:

" 1. He who, by way of action or omission, defraud to the State Public Finance, autonomic, foral or local, circumventing the payment of taxes, amounts withheld or that would have been due to withhold or income to account of benefits in kind obtaining unduly returns or enjoying tax benefits in the same way, provided that the amount of the fee defrauded, the amount not entered in the withholding tax or income on account or the tax returns or benefits unduly obtained or enjoyed over 120,000 euros, will be punished with the prison sentence of

one to four years and a fine of the same to the sextuplo of the aforementioned amount.

The penalties referred to in the preceding paragraph shall be applied in their superior half when the defraud is committed in any of the following circumstances:

(a) The use of persons or persons involved in such a way as to conceal the identity of the true tax force.

(b) The special significance and gravity of the fraud, taking into account the amount of the defrauded or the existence of an organizational structure that affects or may affect a plurality of tax obligations.

In addition to the penalties identified, the person responsible shall be liable for the loss of the possibility of obtaining grants or public aid and of the right to benefit from tax or social security benefits or incentives during the period three to six years. "

" 3. The same penalties shall be imposed where the conduct described in paragraph 1 of this Article is committed against the Treasury of the European Community, provided that the amount defrauded exceeded EUR 50 000. '

Hundredth 11th. Article 306 is amended, which is worded as follows:

" The action or omission of fraud against the general budget of the European Community or other budgets managed by the European Community, in excess of EUR 50 000, avoiding the payment of amounts to be entered, or giving the funds obtained from an application other than that which they are intended for, it shall be punishable by imprisonment of one to four years and a fine of that amount to the sixth of the said amount. '

Hundredth twelfth. Article 307 (1) is amended as follows:

" 1. The fact that, by way of action or omission, social security fraud is circumventing the payment of the quotas of this and the concepts of joint collection, unduly obtaining refunds of the same or enjoying deductions for any concept also If the amount of the fees which has been defrauded or of the undue returns or deductions exceeds EUR 120 000, it shall be punishable by imprisonment of one to four years and a fine of the same amount as that of the said amount.

The penalties referred to in the preceding paragraph shall be applied in their upper half when the defraud is committed in one of the following circumstances:

(a) The use of the person or persons involved in such a way as to conceal the identity of the real person in the face of social security.

(b) The special importance and gravity of the fraud in the light of the amount of the defrauded or the existence of an organisational structure affecting or liable to affect a plurality of persons in the face of social security. "

Hundredth thirteenth. Article 308 (1) and (2) shall be amended as follows:

" 1. The person who obtains a grant, relief or aid from public administrations of more than 80,000 euros, distorting the conditions required for his concession or concealing those that would have prevented it, will be punished with the prison sentence of one to Four years and a fine of up to the sixfold of its amount.

2. The same penalties shall be imposed on the person who, in the course of an activity supported by general government funds, the amount of which exceeds EUR 80 000, fails to comply with the conditions laid down for the purposes for which the grant was granted. "

100th 14th. Article 309 is amended, which is worded as follows:

" unduly obtaining funds from the general budgets of the European Community or others administered by the European Community, in excess of EUR 50 000, by distorting the conditions required for granting them or by concealing those conditions. They shall have been prevented, shall be punished with the sentence of imprisonment of one to four years and a fine of the amount of the same amount. "

100th 15th. Article 310 is amended as follows:

" It will be punished with the prison sentence of five to seven months that being obligated by tax law to carry commercial accounting, books or tax records:

(a) Absolutely not comply with this obligation under the direct estimate of tax bases.

b) Carry out different accounts which, referring to the same economic activity and exercise, conceal or simulate the true situation of the company.

(c) You have not entered into the required books business, acts, operations or, in general, economic transactions, or you have recorded them with figures other than true.

(d) You have practised in the compulsory books fictitious accounting records.

The consideration as a crime of the factual assumptions, as referred to in paragraphs (c) and (d) above, will require that the tax returns have been omitted or that the tax returns are reflected in their false accounting and that the amount, in more or less, of the missing or distorted charges or credits exceeds, without arithmetic compensation between them, EUR 240,000 for each financial year. '

Hundredth 16th. Article 314 is amended, which is worded as follows:

" Those who produce serious discrimination in employment, public or private, against any person by reason of their ideology, religion or belief, their belonging to an ethnicity, race or nation, their sex, sexual orientation, situation family, illness or disability, for having the legal or trade union representation of the workers, for the kinship with other workers of the company or for the use of one of the official languages within the Spanish State, and do not restore the the situation of equality before the law after an administrative injunction or sanction, repairing the damage The Commission shall, in accordance with the procedure referred to in paragraph 1, provide the following information:

Hundredth 17th. Article 324 is amended and read as follows:

" The one that for serious imprudence causes damages, in amounts exceeding 400 euros, in a file, register, museum, library, teaching center, scientific cabinet, analogous institution or in goods of artistic, historical, cultural, Scientific or monumental, as well as in archaeological sites, will be punished with the penalty of fine of three to 18 months, attending to the importance of the same. "

Hundredth eighteenth. Article 325 is amended, which is worded as follows:

" 1. He shall be punished with imprisonment of six months to four years, fine of eight to 24 months and special disablement for a profession or office for one to three years, which, in contravention of laws or other general provisions protecting the environment, causing or directly or indirectly causing emissions, discharges, radiation, extractions or excavations, landing, noise, vibration, injections or deposits, in the atmosphere, soil, subsoil or water land, sea or underground, having an impact, including in cross-border areas, as well as water fetches which could seriously damage the balance of natural systems. If the risk of serious harm is to the health of the people, the prison sentence will be imposed in its upper half.

2. The person who dolously releases, emits or introduces ionising radiation or other substances in the air, land or sea, continental, surface or underground waters, in quantity producing in any person the death or disease which, in addition to a first optional assistance, requires medical or surgical treatment or produces irreversible sequelae, will be punished, in addition to the penalty that corresponds to the harm caused to the people, with the prison of two to four years. "

100th 19th. Article 328 is amended and read as follows:

" They will be punished with the prison term of five to seven months and fine from 10 to 14 months who would establish deposits or dumps of waste or solid or liquid wastes that are toxic or dangerous and could harm seriously the balance of natural systems or the health of people. "

100th 20th. The heading of Chapter IV of Title XVI of book II is amended as follows:

"Of offences relating to the protection of flora, fauna and domestic animals."

Hundredth twenty first. Article 332 is amended, which is worded as follows:

" Which, with serious damage to the environment, cut, cut, burn, grub, collect or make illegal traffic of some species or subspecies of threatened flora or its propagules, or seriously destroys or alters its habitat, will be punishable by imprisonment of four months to two years or fine of eight to 24 months. "

Hundredth twenty second. Article 333 is amended, which is worded as follows:

" The introduction or release of species of non-indigenous flora or fauna, in such a way as to prejudice the biological balance, in contravention of laws or general provisions protecting the species of flora or fauna, shall be punishable by imprisonment of four months to two years or fine of eight to 24 months. "

Hundredth twenty third. Article 334 (1) is amended and read as follows:

" 1. Those that are threatened or threatened, carry out activities that prevent or impede their reproduction or migration, contravening the laws or general provisions protecting the species of wild fauna, trade or trade with them. or with his remains shall be punished with imprisonment of four months to two years or fine of eight to 24 months and, in any case, special disablement for the exercise of the right to hunt or fish for two to four years. "

Hundredth twenty-fourth. Article 335 is amended, which is worded as follows:

" 1. The person who cace or fish species other than those indicated in the previous article, when expressly prohibited by the specific rules on his hunting or fishing, shall be punished with the penalty of fine of eight to 12 months and special disablement for the exercise of the right to hunt or fish for two to five years.

2. Any species referred to in the preceding paragraph on public or private land, subject to special legal status, without due permission from the holder, shall be punished with the penalty of a fine of four to eight months and special disablement for the exercise of the right to hunt or fish for a period of one to three years, in addition to the penalties which may be imposed by the commission on the offence provided for in paragraph 1 of this Article.

3. If the above conducts cause serious damage to the hunting property of a site subject to a special legal regime, the prison sentence of six months to two years shall be imposed and a special disqualification for the exercise of the rights of the hunting and fishing for two to five years.

4. The penalty shall be imposed in its upper half if the conduct typified in this article is carried out in a group of three or more persons or using prohibited or legally prohibited arts or media. "

Hundredth twenty-fifth. Article 336 is amended and read as follows:

" The one who, without being legally authorized, employs for the hunting or fishing poison, explosive means or other instruments or arts of similar destructive efficacy for the fauna, will be punished with the prison sentence of four months to two years or fine of eight to 24 months and, in any case, special disablement for the exercise of the right to hunt or fish for one to three years. If the damage caused is of significant importance, the prison sentence mentioned above shall be imposed in its upper half. "

Hundredth twenty-sixth. Article 337 is amended as follows:

" Those who will mistreat and unjustifiably ensnare pets causing death or causing injury to them that they produce

a serious physical impairment shall be punishable by imprisonment of three months to one year and a special disablement of one to three years for the pursuit of a profession, trade or trade involving the animals. "

Hundredth twenty-seventh. Article 346 is amended as follows:

" 1. Those causing explosions or using any other means of similar destructive power, causing the destruction of airports, ports, stations, buildings, public premises, tanks containing flammable or explosive materials, communication, collective means of transport, or the immersion or stranding of ship, flooding, explosion of a mine or industrial installation, lifting of rails of a railway track, malicious change of the signals employed in the service of For the safety of the means of transport, the blasting of the bridge, public road, serious disturbance of any kind or means of communication, disturbance or interruption of the supply of water, electricity or other fundamental natural resource will incur the prison term of 10 to 20 years, when the havoc They will necessarily pose a danger to people's lives or integrity.

2. Where no such danger exists, the damage provided for in Article 266 of this Code shall be punishable.

3. If, in addition to the danger, injury has occurred for the life, physical integrity or health of the persons, the facts shall be punished separately with the penalty corresponding to the offence committed. "

Hundredth twenty-eighth. Article 369 is amended as follows:

" 1. Penalties shall be imposed in excess of the above mentioned in the previous article and a fine of the fourfold when any of the following circumstances are present:

1. The guilty party shall be an authority, public official, optional, social worker, teacher or educator and in the exercise of his position, profession or office.

2. The culprit belongs to an organization or association, even of a transitory nature, that has the purpose of spreading such substances or products even occasionally.

3. The culprit will participate in other organized activities or whose execution will be facilitated by the commission of the crime.

4. The facts are made in establishments that are open to the public by those responsible or employees.

5. The substances referred to in the previous article are provided to children under 18 years of age, to mentally handicapped persons, or to persons undergoing treatment for rehabilitation or rehabilitation.

6. The quantity of the aforementioned substances in the conduct referred to in the previous article is of high importance.

7. The aforementioned substances are adulterated, manipulated or mixed with each other or with others, increasing the possible damage to health.

8. The conduct described in the previous article takes place in educational establishments, in institutions, establishments or military units, in prison facilities or in centers of dishabituation or rehabilitation, or in their proximities.

9. The culprit will use violence or exhibit or use weapons to commit the act.

10. The guilty party shall unlawfully introduce or remove the said substances or products from the national territory, or favor the conduct of such conduct.

2. In the cases referred to in circumstances 2.a, 3. and 4. of the preceding paragraph of this Article, the organisation, association or person holding the establishment shall be liable to a fine of both the value of the drug and the value of the drug, the substance of the goods which are the subject of the offence and the goods and profits obtained directly or indirectly from the criminal act and, in addition, the judicial authority may decide on one of the following measures:

1. The loss of the possibility of obtaining grants or public aid and of the right to benefit from tax or social security benefits or incentives, for the duration of the duration of the maximum of the custodial sentences imposed.

2. The application of the measures provided for in Article 129 of this Code. "

Hundredth twenty-ninth. Article 370 is amended as follows:

" The higher penalty shall be imposed in one or two degrees to that specified in Article 368 when:

1. Use children under 18 years of age or mentally handicapped persons to commit these crimes.

2. The following are the heads, administrators or managers of the organizations referred to in the circumstances 2. and 3. of paragraph 1 of the previous article.

3. The behaviors described in article 368 were extremely serious.

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

In the assumptions of the previous numbers 2. º and 3. the guilty will be imposed, in addition, a fine of both the tripling of the value of the drug object of the crime. "

100th 30th. Article 371 (2) is amended and read as follows:

" 2. The penalty shall be imposed in its upper half when the persons who carry out the facts described in the preceding paragraph belong to an organisation dedicated to the purposes in which they are designated, and the higher penalty to the degree in the case of the bosses, administrators or managers of those organisations or associations.

In such cases, the judges or courts shall, in addition to the corresponding penalties, impose the special disablement of the inmate for the pursuit of his profession or industry for three to six years, and the other measures provided for in Article 369.2. '

Hundredth 30th first. Article 374 is amended as follows:

" 1. In the offences referred to in the second paragraph of Articles 301.1 and 368 to 372, in addition

of the penalties to be imposed for the offence committed shall be the subject of confiscation of the toxic drugs, narcotic drugs or psychotropic substances, the equipment, materials and substances referred to in Article 371, as well as the goods, means, instruments and profits subject to the provisions of Article 127 of this Code and the following special rules:

1. Drugs, narcotic drugs and psychotropic substances shall be destroyed by the administrative authority in the custody of which the relevant analytical reports have been carried out, and a number of samples have been kept. except that the competent judicial authority has ordered its full conservation. Once the judgment is firm, the destruction of the samples that would have been taken, or the destruction of the whole of the seized, shall be carried out in the event that the competent judicial body has ordered its conservation.

2. In order to guarantee the effectiveness of the confiscation, the assets, means, instruments and profits may be apprehended or seized and placed in deposit by the judicial authority from the moment of the first proceedings.

3. The judicial authority may agree that, with due guarantees for its conservation and as long as the procedure is substance, the object of the confiscation, if it were lawful, may be used provisionally by the Judicial Police in charge of the repression of illegal drug trafficking.

4. If, in any event, the confiscation of the goods and effects mentioned in the preceding paragraph is not possible, the confiscation of other goods shall be of equivalent value.

5. When the assets, means, instruments and proceeds of the crime have disappeared from the assets of the alleged perpetrators, the confiscation of their value may be agreed upon other than even of lawful origin, which belong to those responsible.

2. The seized goods may be disposed of, without waiting for the statement of firmness of the sentence, in the following cases:

a) When the owner makes express abandonment of them.

(b) Where their conservation may be hazardous to public health or safety, or give rise to a significant decrease in their value, or seriously affect their normal use and operation.

It will be understood that those without suffering material deterioration depreciate over the course of time.

When these cases are met, the judicial authority will order the disposal, either ex officio or at the request of the Prosecutor's Office, the State Attorney or the procedural representation of the autonomous communities, local authorities or other public entities, and after hearing the person concerned.

The amount of the disposal, which will be made in any of the legally provided forms, will be deposited as a result of the corresponding legal process, once the expenses of any nature that have been produced.

3. In the offences referred to in the preceding paragraphs, the judges and courts who are aware of the case may declare the legal acts or businesses under which the title has been transmitted, taxed or amended to be null and void. actual or rights relating to the goods and effects referred to in the preceding paragraphs.

4. The goods, means, instruments and profits definitively seized by judgment, which may not be applied to the satisfaction of the civil liability arising from the offence or the costs of the proceedings, shall be awarded in full to the State. '

Hundredth thirty second. Article 376 is amended as follows:

" In the cases provided for in Articles 368 to 372, the judges or courts, reasoning in the judgment, may impose the penalty of less than one or two degrees to that indicated by the law for the offence in question, provided that the has voluntarily abandoned its criminal activities and has actively collaborated with the authorities or its agents either to prevent the production of the crime, or to obtain decisive evidence for the identification or capture of others. responsible or to prevent the performance or development of the organisations or associations to which the belonged to or with whom you have collaborated.

Likewise, in the cases provided for in Articles 368 to 372, the judges or courts may impose the lower penalty in one or two degrees on the inmate who, being a drug dependent at the time of the commission of the facts, accredit (a) sufficiently that a treatment of the situation has been successfully completed, provided that the quantity of toxic drugs, narcotic drugs or psychotropic substances is not of major importance or of extreme gravity. "

100th 3rd 3rd. Article 379 is amended as follows:

" That which may result in a motor vehicle or a moped under the influence of toxic drugs, narcotic drugs, psychotropic substances or alcoholic beverages shall be punishable by imprisonment of three to six months or a fine of six to six months. 12 months and, where appropriate, works for the benefit of the community of 31 to 90 days and, in any case, deprivation of the right to drive motor vehicles and mopeds for a period of more than one and up to four years. "

Hundredth thirty-fourth. A second paragraph is added to Article 381, with the following text:

" In any case, there will be a serious danger to the life or integrity of people in driving cases under the influence of alcohol with high blood alcohol and with high blood alcohol. a disproportionate excess of speed with respect to the limits laid down. '

Hundredth thirty-fifth. The initial paragraph of Article 382 is amended as follows:

"It shall be punishable by imprisonment of six months to two years or a fine of 12 to 24 months to cause a serious risk to the movement of one of the following forms:"

Hundredth 30th. Article 386 is amended, which is worded as follows:

" He will be punished with the prison term of eight to 12 years and a fine of both the decumple of the coin's apparent value:

1. The one that alters the currency or makes false currency.

2. The one you enter in the country or export false or altered currency.

3. The one that transports, dispenses or distributes, in collusion with the forger, alterator, introducer or exporter, counterfeit or altered currency.

The possession of a false currency for its distribution or distribution will be punished with the lower penalty in one or two degrees, taking into account the value of that and the degree of connivance with the authors mentioned in the previous numbers. The same penalty will be imposed on the one who, by making it false, acquires currency in order to put it into circulation.

The one who has received false currency from good faith the vending or distribute after having found its falsehood will be punished with the imprisonment of three to six months or fine of six to 24 months, if the apparent value of the currency is more than EUR 400.

If the culprit belongs to a society, organization or association, even of a transitory nature, that will be dedicated to the performance of these activities, the judge or tribunal will be able to impose some or some of the consequences provided for in Article 129 of this Code. "

100th 30th. Article 387 is amended as follows:

" For the purposes of the previous article, the metallic coin and legal tender paper are understood by currency. For the same purposes, credit cards, debit cards and other cards that can be used as a means of payment, as well as travel checks, shall be considered as currency. Similarly, the national currency will be equated with those of other countries of the European Union and foreign countries. "

100th 8th. Article 389 is amended as follows:

" The one who will falsify or expend, in collusion with the forger, postage stamps or timbrated effects, or introduce them in Spain knowing their falsehood, will be punished with the imprisonment of six months to three years.

The purchaser of good faith of postage stamps or timbrated effects which, knowing their falsehood, will distribute them or use in excess of 400 euros will be punished with the imprisonment of three to six months or fine of six to 24 months. "

Hundredth 30th ninth. Article 432 (3), which is worded as follows, is amended as follows:

" 3. Where the subtraction does not reach the amount of EUR 4 000, the penalties of a fine of more than two and up to four months, imprisonment of six months to three years and suspension of employment or public office for up to three years shall be imposed. '

100th 40th. Article 443 is amended, which is worded as follows:

" 1. He will be punished with the imprisonment of one to two years and absolute disablement for time of six to 12 years, the authority or public officer who will sexually apply to a person who, for himself or for his spouse or other person with whom he or she is He is bound in a stable way by analogous relationship of affectivity, ascendant, descendant, brother, by nature, by adoption, or in the same degree, he has pending claims of the resolution of that or about which he must evacuate report or raise your query to your superior.

2. The official of Penitentiary Institutions or of centers of protection or correction of minors who will ask for sexually a person subject to his guardian will be punished with the imprisonment of one to four years and absolute disablement for time Six to 12 years.

3. At the same time they shall incur when the requested person is ascending, descending, brother, by nature, by adoption, or in the same degree of person as he or she has under his or her guardian. It shall also be subject to such penalties where the person requested is a spouse of a person who has, or is linked to, his or her guardian in a stable way by a similar relationship of affectivity. '

100th 41st. Article 444 is amended, which is worded as follows:

"The penalties provided for in the foregoing Article shall be without prejudice to those of the offences against the sexual freedom actually committed."

Hundredth 42nd. Chapter X is added to Title XIX of book II with the following heading:

"Of the crimes of corruption in international commercial transactions."

Hundredth forty third. Article 445 is amended, which is worded as follows:

" 1. Those with gifts, present, offers or promises, corrupt or attempted to corrupt, by themselves or by person, the foreign public authorities or officials or international organizations in the exercise of their position in the the benefit of the latter or a third party, or they shall respect their requests in this respect, in order to act or refrain from acting in connection with the exercise of public functions in order to obtain or maintain a contract or other irregular benefit in the carrying out international economic activities, will be punished with the penalties provided for in the Article 423, in their respective cases.

2. If the guilty party belongs to a society, organisation or association, even of a transitional nature, which shall be dedicated to the performance of these activities, the judge or tribunal may impose some or some of the consequences provided for in the article. 129 of this Code. "

100th 44th. Paragraph (a) of Article 451.3.o shall be amended as follows:

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

Hundredth forty-fifth. The content of Article 461 (2) shall be deleted and the content of paragraph 3 shall be incorporated in paragraph 2.

100th 40th sixth. Article 463 (1) and (3) are amended as follows:

" 1. The fact that, in legal form, I will voluntarily leave to appear, without fair cause, before a court or tribunal in criminal proceedings with prison inmate, causing the suspension of the oral trial, will be punished with the imprisonment of three to six months or fine of six to 24 months.

In the penalty of a fine of six to 10 months it will incur that, having been warned, it will do it for the second time in criminal cause without prison inmate, it has provoked or not the suspension. " " 3. If the suspension takes place, in the case of paragraph 1 of this Article, as a result of the failure of the judge or a member of the court or of the judicial clerk, the prison sentence of three to six shall be imposed. months or fine of six to 24 months and, in any case, special disablement for two to four years. "

Hundredth forty-seventh. Article 468 is amended as follows:

" 1. Those who break their conviction, 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.

2. In the other cases, a fine of 12 to 24 months shall be imposed, unless the prohibitions referred to in Article 57 (2) of this Code are broken, in which case the prison sentence of three months to one year or the year of imprisonment may be imposed. works for the benefit of the community of 90 to 180 days. "

Hundredth forty-eighth. A Chapter IX of the Criminal Code ("Offences against the Administration of Justice") is inserted in Title XX of the Criminal Code ("Offences against the Administration of Justice") as "From the Crimes against the Administration of Justice of the International Criminal Court".

This new chapter will contain an article 471 bis, which is worded as follows:

" 1. The witness who, intentionally, will fail the truth in his testimony before the International Criminal Court, being obliged to speak truth according to the statutory norms and rules of procedure and proof of the said Court, will be punished with prison of Six months to two years. If the false testimony were given against the defendant, the sentence will be in prison for two to four years. If, as a result of the testimony, a conviction is handed down, prison sentences of four to five years will be imposed.

2. The person who will present evidence to the International Criminal Court knowing that they are false or have been falsified will be punished with the penalties mentioned in the previous section of this article.

3. The one who intentionally destroys or alters evidence, or interferes in the trial proceedings before the International Criminal Court, will be punished with the imprisonment of six months to two years and a fine of seven to 12 months.

4. He who corrupted a witness, obstructed his appearance or testimony before the International Criminal Court or interfered in them will be punished with the prison term of one to four years and fine of six to 24 months.

5. He will be punished with imprisonment of one to four years and a fine of six to 24 months who would impose obstacles on a court official, corrupt or intimidate him, to force him or to induce him not to fulfill his duties or to do so improperly.

6. He who will retaliate against an official of the International Criminal Court on the basis of duties that he has played or another official will be punished with the prison term of one to four years and fine of six to 24 months.

In the same sentence, whoever retaliates against a witness for his statement to the Court.

7. The person who shall request or accept a bribe in the capacity of an official of the Court and in relation to his official duties shall incur the sentence of imprisonment of two to five years and a fine of both the tripling of the value of the gift requested or accepted. "

100th 40th ninth. Article 502 (3), which is worded as follows, is amended as follows:

" 3. The one who summoned before a parliamentary committee of inquiry will fail to the truth in his testimony will be punished with the imprisonment of six months to a year or fine of 12 to 24 months. "

100th fiftieth. Article 514 (4) is amended and read as follows:

" 4. Those who prevent the legitimate exercise of the freedoms of assembly or demonstration, or seriously disturb the development of a meeting or a lawful demonstration, shall be punished with the imprisonment of two to three years if the facts are carried out with violence, and with the imprisonment of three to six months or a fine of six to 12 months if they are committed by way of fact or any other illegitimate procedure. "

100th fiftieth first. The number 6. of Article 515 is deleted.

100th fiftieth second. Article 524 is amended, which is worded as follows:

" The one who in temple, place destined for worship or in religious ceremonies will execute acts of desecration in offense of the religious feelings legally tutored will be punished with the imprisonment of six months to a year or fine of 12 to 24 months. "

100th fiftieth third. Article 526 is amended as follows:

" The one who, disrespecting due to the memory of the dead, will violate the graves or graves, defile a corpse or his ashes or, in the spirit of outrage, destroy, alter or damage the funerary urns, pantoons, tombstones, or niches will be punished with imprisonment of three to five months or fine of six to 10 months. "

100th fiftieth quarter. Article 557 is amended as follows:

" 1. They will be punished with the imprisonment of six months to three years who, acting as a group, and in order to attack public peace, alter public order causing injury to people, causing damage to property, hindering public roads or access to them in a dangerous manner for which they circulate, or by encroaching upon installations or buildings, without prejudice to any penalties which may correspond to them in accordance with other provisions of this Code.

2. The maximum penalty shall be imposed in respect of those laid down in the preceding paragraph to the authors of the acts referred to therein when they are produced on the occasion of the holding of events or performances which bring together a large number of persons. With the same penalty it will be punished who inside the precincts where these events are held alter the public order by means of behaviors that provoke or are susceptible to provoke avalanches or other reactions in the public that put in danger to some or all of the assistants. In such cases, it may also be possible to impose the penalty of imprisonment for events or spectacles of the same nature for up to three years for the imprisonment imposed. "

100th fiftieth fifth. Article 558 is amended as follows:

" They shall be punished with the imprisonment of three to six months or fine of six to 12 months, those who seriously disturb the order in the hearing of a court or tribunal, in the public acts of any authority or corporation, in electoral college, office or public establishment, teaching center, or on the occasion of the celebration of sports or cultural events. In such cases, it may also be possible to impose the penalty of imprisonment of the places, events or spectacles of the same nature for up to three years for the imprisonment imposed. "

100th fiftieth sixth. Article 561 is amended as follows:

" The one who, in the spirit of attacking public peace, falsely claims the existence of explosive devices or other devices that may cause the same effect, or of chemicals, biological or toxic substances that can cause harm to health, will be punished with the imprisonment of six months to a year or fine of 12 to 24 months, attended to the alarm or alteration of the order effectively produced. "

100th fiftieth seventh. Article 566 is amended as follows:

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

1. Whether it is weapons or munitions of war or chemical or biological weapons with the prison term of five to 10 years the promoters and organizers, and with that of prison of three to five years those who have cooperated in their formation.

2. "Yes". If they are regulated firearms or ammunition for the same, with the imprisonment of two to four years the promoters and organizers, and with the prison term of six months to two years those who have cooperated with their training.

3. With the same penalties, in their respective cases, the trafficking of weapons or ammunition of war or defense, or of chemical or biological weapons, will be punished.

2. The penalties referred to in point 1 of the previous paragraph shall be imposed on those who develop or use chemical or biological weapons or initiate military preparations for their use. ' Hundredth fiftieth eighth. Article 567 (1) and (2) are amended as follows:

" 1. Weapons of war are considered to be the manufacture, marketing or possession of any such weapons, regardless of their model or class, even if they are in disassembled parts. The manufacture, marketing or holding of chemical or biological weapons is considered to be the deposit of chemical or biological weapons.

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

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

It is understood by the development of chemical or biological weapons any activity consisting in the research or study of a scientific or technical character aimed at the creation of a new chemical or biological weapon or the modification of a pre-existing one. "

100th fiftieth ninth. Article 570 is amended as follows:

" 1. In the cases provided for in this Chapter, it may be possible to impose the penalty of deprivation of the right to hold and carry weapons for a period of three years to the imprisonment imposed.

2. Similarly, if the offender is authorized to manufacture or traffic with any or some of the substances, weapons and ammunition mentioned therein, he shall suffer, in addition to the penalties indicated, the special disablement for the exercise of his or her industry or trade for 12 to 20 years. "

Hundredth. Chapter IIa is added to Title XXIV of book II of the Criminal Code, under the heading "Of crimes against humanity".

This new chapter will contain article 607 bis, which will have the following wording:

" 1. Crimes against humanity are held by those who commit the facts provided for in the following paragraph as part of a widespread or systematic attack against the civilian population or a part of it.

In any case, the commission of such acts shall be considered a crime against humanity:

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

2. In the context of an institutionalized regime of systematic oppression and domination of a racial group on one or more racial groups and with the intention of maintaining that regime.

2. Prisoners of crimes against humanity will be punished:

1. With the prison term of 15 to 20 years if you cause the death of any person.

The higher penalty shall be applied in grade if any of the circumstances provided for in Article 139 are present.

2. With the prison sentence of 12 to 15 years if they committed a rape, and four to six years in prison if the fact consisted of any other sexual assault.

3. With the prison sentence of 12 to 15 years if any of the injuries in Article 149 are produced, and with that of eight to 12 years in prison if they are subjected to conditions of existence that endanger their life or disturb seriously their health or when they have had any of the injuries provided for in Article 150. The prison term of four to eight years shall be applied if any of the injuries to Article 147 were committed.

4. º With the imprisonment of eight to 12 years if they will deport or move by force, without grounds authorized by international law, to one or more persons to another State or place, by expulsion or other acts of coercion.

5. With the prison sentence of six to eight years, they will force the pregnancy of some woman with the intention of modifying the ethnic composition of the population, without prejudice to the punishment, if any, for other crimes.

6. With the prison sentence of 12 to 15 years when they detain someone and refuse to recognize such deprivation of liberty or to give reason for the fate or whereabouts of the detained person.

7. With the prison sentence of eight to 12 years if they stop another, depriving him of his freedom, with violation of international rules on detention.

The lower penalty will be imposed in grade when the detention lasts less than a fortnight.

8. With the penalty of four to eight years in prison if they committed serious torture on people who had their custody or control, and with that of two to six years imprisonment if it were less serious.

For the purposes of this article, torture is understood to be the subject of the person to physical or mental suffering.

The penalty provided for in this issue will be imposed without prejudice to the penalties that correspond, if any, for the attacks on other rights of the victim.

9. With the imprisonment of four to eight years if any of the conduct relating to prostitution was committed in Article 187.1, and with that of six to eight years in the cases provided for in Article 188.1.

It will take six to eight years for people to move people from one place to another, for the purpose of their sexual exploitation, using violence, intimidation or deception, or abusing a situation of superiority or the victim's need or vulnerability.

When the conduct referred to in the preceding paragraph and in Article 188.1 are committed on minors or incapable, the penalties shall be imposed in excess of degree.

10. With the prison term of four to eight years if you were to submit to or keep a slave to a person. This penalty shall apply without prejudice to those which, where appropriate, correspond to the particular attacks committed against the rights of persons.

Slavery shall mean the situation of the person over whom another exercises, even in fact, all or some of the attributes of the right of property, such as buying, selling, lending or bartering. " Hundredth sixtieth first. The current paragraph 6. 6 of Article 608 becomes paragraph 7. a new paragraph 6. is inserted in that article with the following wording:

"6. United Nations personnel and associated personnel, protected by the United Nations Convention on the Security of Personnel and Associated Personnel of 9 December 1994."

Hundredth sixtieth second. Article 610 is amended and read as follows:

" The one who, on the occasion of an armed conflict, uses or orders to employ prohibited methods or means of combat to cause unnecessary suffering or superfluous evils, as well as those conceived to cause or It is essential to provide for extensive, long-lasting and serious damage to the natural environment, compromising the health or survival of the population, or order not to provide barracks, will be punished with the imprisonment of 10 to 15 years, without injury of the penalty corresponding to the results produced. '

100th third. The current paragraphs 4.o, 5.o, 6. and 7. º of Article 611 become paragraphs 6.o, 7.o, 8.oy 9. º two new paragraphs 4. º and 5. º in that article with the following wording:

" 4. Sport, forcibly move, take hostage or detain or illegally confine or use any protected person to place certain points, zones or military forces covered by the attacks of the adverse party.

5. "Transfer and settle, directly or indirectly, in occupied territory to the population of the occupying part, to reside in it permanently."

Centesth sixty-fourth. Article 612 (1), (2) and (3) are amended as

:

"1." 1. knowingly protect the protection of hospitals, facilities, materials, units and means of health transport, prison camps, health and safety zones and localities, neutralized zones, The detention of the civilian population, non-defended localities and demilitarized zones, released by the appropriate signs or signals.

2. º violence on the health or religious personnel or member of the medical mission, or of the relief societies or against the personnel empowered to use the signs or distinctive signs of the Geneva Conventions, conformity with international law.

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

Hundredth sixtieth. The first subparagraph and Article 613 (1) (a) shall be amended as follows:

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

(a) Attack or object of reprisals or acts of hostility against cultural goods or places of worship, clearly recognised, which constitute the cultural or spiritual heritage of the peoples, and to which it has been conferred protection under special agreements, or cultural goods under enhanced protection, resulting in extensive destruction, provided that such goods are not situated in the immediate vicinity of military objectives or are not used in support of the adversary's military effort. "

100th sixth. In Chapter III of Title XXIV of book II ("Crimes against persons and property protected in the event of armed conflict") an Article 614a is inserted, which is worded as follows:

"When any of the behaviors contained in this chapter are part of a plan or policy or are committed on a large scale, the respective penalties shall be applied in their upper half."

Hundredth sixtieth seventh. In Chapter IV of Title XXIV of book II (Common provisions), an Article 615 a is inserted, which is worded as follows:

" 1. The military authority or chief or who acts effectively as such that it shall not take the measures within its scope to prevent the commission, by the forces under its control or effective control, of any of the offences referred to in Chapters II, II a and III of this title, will be punished with the same penalty as the authors.

2. If the above conduct is carried out by gross imprudence, the penalty shall be the lower one or two degrees.

3. The military authority or chief or who acts effectively as such that he or she shall not take the measures within his or her scope to ensure that the offences referred to in Chapters II, IIa and III of this Title are pursued by the persons under his command or effective control will be punished with the lower penalty in two degrees to that of the authors.

4. The superior not covered by the foregoing paragraphs which, within the scope of his jurisdiction, shall not take the measures at his disposal to avoid the commission by his subordinates of any of the offences referred to in Chapters II, IIa and III of this Directive. title will be punished with the same penalty as the authors.

5. The superior who does not take the measures within his scope to be prosecuted for the offences referred to in Chapters II, IIa and III of this title committed by his subordinates shall be punished with the lower penalty in two degrees to that of the authors.

6. The official or authority who, without incurring the conduct provided for in the preceding paragraphs, and failing to carry out his duties, shall cease to promote the pursuit of any of the offences referred to in Chapters II, IIa and III. of this title of news shall be punished with the penalty of special disablement for employment or public office for two to six years. " Hundredth sixtieth. In Chapter IV of Title XXIV of book II (Common provisions), an Article 616a is inserted, which is worded as follows:

"The provisions of Article 20.7. of this Code shall in no case be applicable to those who comply with the mandates to commit or participate in the facts included in Chapters II and IIa of this Title."

Hundredth sixty-ninth. Article 617 is amended as follows:

" 1. The one who, by any means or procedure, will cause to another an injury not defined as a crime in this Code will be punished with the permanent localization penalty of six to 12 days or fine of one to two months.

2. The one who will beat or mistreat work to another without causing injury will be punished with the permanent location of two to six days or a fine of 10 to 30 days. "

100th September. Article 618 is amended as follows:

" 1. The permanent location of six to 12 days or a fine of 12 to 24 days shall be punishable by permanent localization, which, finding abandoned to a minor or an incapable person, does not present it to the authority or to his or her family or does not, where appropriate, provide the aid that circumstances require.

2. He who fails to comply with family obligations established in a judicially approved convention or judicial decision in the cases of legal separation, divorce, declaration of invalidity of the marriage, process of filiation or process of food in favor of their children, who do not constitute a crime, shall be punished with the penalty of a fine of 10 days to two months or works for the benefit of the community of one to 30 days. "

100th first. Article 620 is amended, which is worded as follows:

" They will be punished with the penalty of fine from 10 to 20 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, and except that the fact is constitutive of crime.

2. º that cause another threat, coercion, injury or unfair treatment of a slight character.

The facts described in the above two numbers will only be pursued through the complaint 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 the victim, or works for the benefit of the community of five to 10 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. "

Hundredth septutieth second. Article 621 (3) and (4) are amended as follows:

" 3. Those who, because of minor recklessness, will cause an injury constituting a crime will be punished with a penalty of 10 to 30 days.

4. If the event is committed with a motor vehicle or a moped, the right to drive motor vehicles and mopeds for three months to one year may also be imposed. '

100th third. Article 623 is amended, which is worded as follows:

" They will be punished with permanent location of four to 12 days or fine of one to two months:

1. Those who commit theft, if the value of the stolen was not exceeded 400 euros.

2. Those who conduct the conduct described in Article 236, provided that the value of the item does not exceed EUR 400.

3. Those who fail to take or use without proper authorisation, without appropriate authorisation, a motor vehicle or a non-motor vehicle, if the value of the vehicle used does not exceed EUR 400.

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

If it is carried out with violence or intimidation in persons, it shall be punishable in accordance with the provisions of Article 244.

4. Those who commit fraud, misappropriation, or defraud of electricity, gas, water or other elements, energy or fluid, or telecommunications terminal equipment, in amounts not exceeding EUR 400. '

Hundredth seventh-fourth. Article 624 is amended, which is worded as follows:

" 1. The person who will carry out the acts referred to in Article 246 shall be punished with a fine of 10 to 30 days if the utility does not exceed 400 euros or is not estimable, provided that he mediates denunciation of the injured person.

2. It shall be punishable by a fine of 10 days to two months to execute the acts referred to in Article 247, if the reported utility does not exceed EUR 400. '

Hundredth seventh. Article 625 is amended and read as follows:

" 1. They will be punished with a permanent location of two to 12 days or a fine of 10 to 20 days, which will intentionally cause damages the amount of which does not exceed 400 euros.

2. The penalty shall be imposed in its upper half if the damage is caused in the places or property referred to in Article 323 of this Code. "

Hundredth seventh. Article 626 is amended, which is worded as follows:

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

Hundredth seventh. Article 627 is amended as follows:

"The person who defrauds the European Community's Treasury more than 4,000 euros, for any of the procedures described in Article 305, shall be punished with a fine of one to two months." Hundredth septutieth eighth. Article 628 is amended, which is worded as follows:

' The Member State which shall defraud the general budget of the European Community, or others administered by it, or unduly obtain funds thereof, by any of the procedures described in Articles 306 and 309, exceeding 4,000 euros, will be punished with the penalty of fine of one to two months. "

Hundredth seventh-ninth. Article 629 is amended, which is worded as follows:

" They shall be punished with the permanent localization penalty of two to eight days or a fine of 20 to 60 days which, having received in good faith currency, banknotes, postage stamps or false effects, will be paid in quantity that does not exceed 400 euros, in the knowledge of its falsehood. "

100th octogth. Article 630 is amended as follows:

" Those who will abandon syringes, in any case, or other dangerous instruments in a way or with circumstances that could cause harm to people or to infect diseases, or in places frequented by minors, will be punished with permanent location penalties of six to 10 days or a fine of one to two months. "

100th octogth first. Article 631 is amended, which is worded as follows:

" 1. Owners or custodians of ferocious or harmful animals that let them loose or in conditions of causing evil will be punished with the penalty of fine of 20 to 30 days.

2. Those who leave a domestic animal in conditions where they may be at risk of their life or integrity shall be punished with a penalty of 10 to 30 days. "

100th octogth second. Article 632 is amended, which is worded as follows:

" 1. The cutting, cutting, burning, grubbing-up, collecting some species or subspecies of threatened flora or of its propagules, without serious damage to the environment, shall be punished with the penalty of fine of 10 to 30 days or works for the benefit of the community of 10 to 20 days.

2. Those who cruelly mistreat domestic animals or any others in non-legally authorized shows without incurring the assumptions provided for in Article 337 shall be punished with the penalty of fine of 20 to 60 days or work in Community benefit from 20 to 30 days. "

100th octogth third. Article 633 is amended as follows:

" Those who will disturb the order slightly in the hearing of a court or court, in public events, in sports or cultural events, solemn or numerous meetings will be punished with the penalties of localization permanent two to 12 days and fine from 10 to 30 days. "

Centesth octogth quarter. Article 635 is amended as follows:

" Will be punished with the permanent location penalty of two to 10 days or fine from one to two

months shall be held against the will of the holder, outside the hours of opening, at the address of a public or private legal person, professional office or office or local commercial or local establishment public. "

Centith octogesth fifth. Article 636 is amended and read as follows:

" Those who carry out activities lacking the compulsory insurance of civil liability that are legally required for the exercise of those will be punished with the penalty of one to two months.

shall not be considered to be between the activities referred to in the preceding paragraph, the driving of motor vehicles and mopeds. "

100th octogth sixth. Article 637 is amended as follows:

" Which shall be publicly and improperly worn, worn, insignia or official decoration, or the quality of a professional covered by an academic title which he does not possess shall be publicly attributed, shall be punishable by permanent location of two to 10 days or a fine of 10 to 30 days. "

First transient disposition.

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

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

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

Second transient disposition.

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

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

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

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

Also, the judgments in which, according to the previous wording of the articles of the Code and the present reform, correspond exclusively to the penalty of fine, will not be reviewed.

Transitional provision third.

The sentences in which the sentence is executed or suspended will not be reviewed, even if they are pending to execute other statements of the judgment, as well as the ones already executed, without prejudice to the judge or tribunal that in the future it may take them into account for the purposes of reoffending, it must be examined beforehand whether the fact of the offence has ceased to be a crime or that it may be a lesser penalty than that imposed in its day, in accordance with this law.

In the case of partial pardoning, the sentences will not be reviewed when the resulting penalty found in compliance with the sentence is contained in a lower taxable amount in respect of this law.

Transitional disposition fourth.

In cases where the penalty that may correspond to the application of this law is that of permanent location, it will be considered, in order to assess its comparative gravity, that each day of permanent localization is equivalent to one day of prison.

Transient disposition fifth.

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

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

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

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

Final disposition first.

First. The following amendments are made to Articles 282 bis, 326, 363, 503, 504, 508, 509, 510, 544a and 801 of the Criminal Procedure Act:

(a) A new paragraph (d) is added to Article 282a (4), with the following wording:

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

The old paragraphs (d), (e), (f), (g), (h) (i), (j) and (k) of this paragraph become paragraphs (e), (f), (g), (h), (i), (j), (k) and (l) respectively.

b) A third paragraph is added to Article 326, with the following content:

" When the existence of traces or traces whose biological analysis could contribute to the clarification of the fact is revealed, the Judge of Instruction will adopt or order the Judicial Police or the physician. (a) the Commission shall take the necessary steps to ensure that the collection, custody and examination of the samples are verified under conditions which ensure their authenticity, without prejudice to Article 282. '

(c) A second paragraph is added to Article 363, with the following wording:

" Provided that the reasons justifying it are satisfied, the Judge of Instruction may agree, in a reasoned decision, to obtain biological samples of the suspect which are indispensable for the determination of his DNA profile. To this end, it may decide on the practice of those acts of inspection, recognition or body intervention that are appropriate to the principles of proportionality and reasonableness. '

(d) The wording of paragraph (c) of Article 503.1.3 is amended as follows:

" (c) Avoid that the accused can act against the legal assets of the victim, especially when it is one of the persons referred to in Article 173.2 of the Penal Code. In such cases, the limit on the penalty shall not apply to the ordinal 1.

e) The wording of the first subparagraph of Article 504 (2) is amended as follows:

" Where the provisional prison has been ordered pursuant to paragraphs (a) or (c) of paragraph 1.3. or in paragraph 2 of the preceding article, its duration may not exceed one year if the offence is punishable by death. (a) the right to be free of charge equal to or less than three years, or two years if the custodial sentence for the offence is more than three years. However, where circumstances have arisen which make provision for the cause not to be judged within those time limits, the judge or tribunal may, in accordance with the terms laid down in Article 505, agree by order of a single extension of up to two years if the offence was punishable by a custodial sentence of more than three years, or of up to six months if the offence was punishable by three years or less. '

f) A new paragraph 6 is added to Article 504, with the following wording:

" 6. Where the agreed interim prison measure exceeds two-thirds of its maximum duration, the judge or tribunal hearing the case and the prosecutor's office shall, respectively, communicate this circumstance to the chairman of the government and the prosecutor-chief of the court concerned, with the aim of adopting the precise measures to give the performances the maximum speed. For these purposes, the processing of the procedure shall be in preference to all other parties. "

g) The wording of Article 508 is amended as follows:

" 1. The judge or tribunal may agree that the measure of provisional imprisonment of the person concerned shall be verified at his place of residence, with the necessary surveillance measures, where, by reason of illness, detention is in serious danger to his health. The judge or tribunal may authorise the person to leave his home during the hours necessary for the treatment of his illness, always with precise surveillance.

2. In cases where the person concerned has been subjected to treatment for detoxification or the treatment of narcotic substances and the entry into prison could frustrate the outcome of such treatment, the provisional prison measure may be replaced by an entry into an official centre or a legally recognised organisation for the continuation of the treatment, provided that the facts which are the subject of the procedure are prior to initiation. In this case, the person may not leave the centre without the authorization of the judge or tribunal who has agreed the measure. "

h) The wording of Article 509 is amended as follows:

" 1. The Judge of Instruction or tribunal may exceptionally agree to the arrest or imprisonment of persons who are not involved in the action of justice, who are allegedly involved in the facts under investigation, who may act against them. the legal assets of the victim, which are hidden, altered or destroyed by evidence relating to their commission, or that new criminal acts are committed.

2. Incommunicationshall last the time strictly necessary for urgent action to avoid the dangers referred to in the preceding paragraph. The communication shall not extend beyond five days. In cases where the prison is agreed on account of any of the offences referred to in Article 384 bis or other offences committed in concert and organised by two or more persons, the communication may be extended for a further period of time. not more than five days. However, in these same cases, the judge or tribunal hearing the case may send the prisoner to be incommunicado, even after having been placed in communication, provided that the further development of the investigation or the cause to offer merit for this. This second incommunicado shall not exceed in any case of three days.

3. The order in which the communication is to be agreed or, where appropriate, the extension thereof shall state the reasons for which the measure has been adopted. '

i) A new paragraph 4 is added to Article 510, with the following wording:

" 4. The prisoner who is subjected to incommunicado who so requests shall be entitled to be recognized by a second medical examiner appointed by the judge or court competent to know the facts. "

(j) The last paragraph of Article 544a is worded as follows:

" In the event of non-compliance by the defendant of the measure agreed upon by the judge or tribunal, the judge or tribunal shall call for the appearance of the provisional prison in accordance with Article 503, as provided for in Article 503, of the order of protection provided for in Article 544b or of another precautionary measure involving a further limitation of his personal freedom, for which account shall be taken of the impact of the non-compliance, his reasons, gravity and circumstances, without prejudice to the responsibilities that the non-compliance may result in. "

k) Article 801 becomes the following wording:

" 1. Without prejudice to the application of this Article 787 procedure, the defendant may give his/her conformity to the court of call and issue this judgment of conformity, where the following conditions are met:

1. No particular accusation had been made and the Prosecutor's Office would have requested the opening of the oral trial and, thus agreed by the judge of the guard, he would have presented in the written act of accusation.

2. The fact that the facts have been classified as a crime punishable by up to three years in prison, with the penalty of fine whatever the amount or other penalty of a different nature, the duration of which does not exceed 10 years.

3. That, in the case of a custodial sentence, the penalty applied for or the sum of the penalties requested does not exceed, reduced by one third, the two years of imprisonment.

2. Within the scope defined in the preceding paragraph, the court of call shall carry out the checks on the conformity provided in accordance with the terms laid down in Article 787 and, where appropriate, shall give an oral judgment of conformity which shall be documented with Article 789 (2), in which it imposes the requested penalty reduced by one-third, even if it entails the imposition of a penalty lower than the minimum limit laid down in the Criminal Code. If the prosecutor and the parties concerned express their decision not to appeal, the judge shall, in the same act, declare orally the firmness of the judgment and, if the penalty imposed is a custodial sentence, it shall resolve the matter of its suspension or substitution.

3. In order to agree, where appropriate, the suspension of the custodial sentence will suffice, for the purposes of the provisions of Article 81.3 of the Criminal Code, with the commitment of the defendant to satisfy the civil liabilities that have originated in the the prudential period which the court of call shall establish. Also, in cases where in accordance with Article 87.1.1. of the Criminal Code sufficient certification is necessary by a public or private service or center duly accredited or approved that the defendant is under or subject to treatment for that purpose, it is sufficient to accept the conformity and to agree to the suspension of the custodial sentence of the defendant's commitment to obtain such certification within the reasonable period of time that the court of call establishes.

4. The judge shall, in accordance with and practice the action referred to in paragraph 2, agree on the release or the imprisonment of the sentenced person and shall carry out the requirements of the sentenced person. They subsequently sent the proceedings together with the judgment in the Court of Criminal Court, which will continue to be implemented.

5. If there is a particular accuser in the case, the defendant may, in his defence, give his/her conformity to the most serious of the accusations as provided for in the preceding paragraphs. ' Second. The following amendments are made to Articles 18, 25, 292, 338, 365, 544 ter, 759, 771, 776, 778, 787, 795, 796, 797, 798, 962, 965 and 966 of the Criminal Procedure Act:

(a) The content of the current Article 18 becomes paragraph 1 of that Article, to which a new paragraph 2 is added with the following wording:

" 2. Notwithstanding the foregoing, he shall be competent to know of the offences connected with two or more persons in different places, if he has preceded a concert for that purpose, preferably to those referred to in the preceding paragraph, the judge or tribunal of the The Court of Justice has held that the Court of Justice has held that the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Court of Justice of the European Union Provincial Audience. "

b) A new paragraph is added between the current second and third paragraphs of Article 25, with the following wording:

" In the absence of a firm judicial decision definitively resolving the issue promoted or accepting the competition, the investigating judge who agrees to the inhibition in favor of another of the same class will continue to practice all the necessary steps to check the offence, find out and identify the possible culprits and protect the offended or harmed by it. To this end, the resolution which initially agrees to the inhibition will express this circumstance, and will be accompanied only by testimony of the actions.

The question or the acceptance of the competition by firm resolution shall be referred to, the original orders and the pieces of conviction shall be forwarded to the judge who is competent. "

c) A second paragraph is added to Article 292, with the following content:

"The Judicial Police will transmit a report with the atestado, giving an account of the previous arrests and the existence of requisitions for their appeal and search for the record in their databases."

(d) A new paragraph is inserted between the current third and fourth paragraphs of Article 338, with the following content:

" The provisions of the two preceding paragraphs will also apply to the effects of the commission of crimes against intellectual and industrial property, once such effects have been examined. pericially. "

e) A second paragraph is added to Article 365, with the following content:

"The valuation of the goods subtracted from commercial establishments shall be determined on the basis of their selling price to the public."

(f) Article 544b (1) is worded as follows:

" 1. The Judge of Instruction will dictate order of protection for victims of domestic violence in cases where, there are founded indications of the commission of a crime or lack of life, physical or moral integrity, sexual freedom, freedom

or the security of any of the persons referred to in Article 173.2 of the Criminal Code, is an objective risk situation for the victim requiring the adoption of any of the protection measures regulated in this Article. "

g) The second paragraph of Rule 1 (1) is amended in the following terms:

" When the question arises in the instructional phase, each of the courts will continue to practice in any case, until the controversy is definitively settled, the proceedings leading to the verification of the crime, to the the identification of the possible culprits and the protection of the offended or harmed by the same, and the two courts must be referred to each other and to be able to communicate how many actions they have taken. "

h) A second paragraph is added to the circumstance 1. of Article 771, with the following text:

" The information of rights to the offended or impaired regulated in this article, when referring to crimes against intellectual or industrial property, and, where appropriate, its summons or placement in the various formalities of the process, shall be carried out for those persons, entities or organisations which have the legal representation of the holders of those rights. "

(i) Article 776 (1) and (2) are amended, which shall be amended as follows:

" 1. The judicial secretary shall inform the offended and the injured party of his rights, in the terms provided for in Articles 109 and 110, when the Judicial Police have not previously done so.

In particular, the measures to assist victims of the legislation in force and the rights referred to in Rule 1 (1) of Article 771 shall be instructed.

2. Failure to provide such information by the Judicial Police or by the judicial secretary at the hearing shall not prevent the proceeding from proceeding, without prejudice to the possibility of making it as quickly as possible. "

j) A new paragraph 6 is added to Article 778, as follows:

" 6. The judge may authorise the medical examiner to assist in the removal of the body, in this case attaching to the proceedings a report incorporating a detailed description of his condition, identity and circumstances, in particular all those who have a relationship with the punishable fact. "

k) Article 787 (6) is amended and a new paragraph 7 is added to the same Article, with the following content:

" 6. The judgment of conformity shall be given orally and shall be documented in accordance with Article 789 (2), without prejudice to its subsequent wording. If the prosecutor and the parties, known as the judgment, express their decision not to appeal, the judge shall, in the same act, declare the firmness of the judgment orally, and shall, after hearing the parties, decide on the suspension or replacement of the judgment. penalty imposed.

7. Only the judgments of conformity shall be used if they have not complied with the requirements or terms of the conformity, without the defendant being able to challenge for reasons of substance his or her freedom to provide. "

(l) Rule 795 (1), rule 2, is amended as follows:

" 2. This is one of the following offenses:

(a) Offences of injuries, coactions, threats or physical or psychological violence committed against the persons referred to in Article 173.2 of the Penal Code.

b) Hurt crimes.

c) Theft offences.

d) Crimes of theft and theft of vehicle use.

e) Crimes against traffic safety.

f) Crimes of damages referred to in Article 263 of the Penal Code.

g) Crimes against public health provided for in Article 368, second indent, of the Criminal Code.

(h) Flagrant offences relating to the intellectual and industrial property provided for in Articles 270, 273, 274 and 275 of the Criminal Code. "

m) Rule 796 (1) of Rule 4 (1) is amended as follows:

" 4. It will also cite witnesses to appear in the court of call in the day and time they are told, warning them of the consequences of not appearing for the police summons in the court of call. The summons of members of the Security Forces and Corps who have intervened in the state shall not be required when their declaration is contained therein. "

n) A new paragraph 4 is added to Article 796, with the following content:

" 4. For the purposes of the application of the procedure laid down in this Title, where the Judicial Police has knowledge of the commission of an uncardinable fact in one of the circumstances referred to in Article 795 (1), which, having not been arrested or located the alleged person responsible, would nevertheless be expected to be quickly identified and located, will continue the investigations initiated, which will be recorded in a single state, which will be transmitted to the stand trial as soon as the alleged responsible is detained or summoned in accordance with the provided for in the preceding paragraphs, and in any case within five days of the following. In such cases, the instruction of the cause shall be the exclusive responsibility of the court of call which the atado has received.

The provisions of this paragraph are without prejudice to the immediate knowledge of the judge of the guard and the Prosecutor's Office of the commission of the fact and the continuation of the investigations for their due constancy. "

n) Rules 5. and 8. of Article 797 (1) are amended, the content of which shall be as follows:

"5. It shall carry out, where appropriate, the information provided for in Article 776." " 8. It shall order the summons, even verbal, of the persons deemed necessary to appear before him. For these purposes, the summons of members of the Security Forces and Corps of Segu rity which have intervened in the State whose declaration on the same shall be held shall not proceed unless, exceptionally and by means of a reasoned decision, the new declaration before taking any of the resolutions provided for in the following Article. "

o) A new paragraph 3 is added to Article 797, with the following text:

" 3. The lawyer appointed for the defence shall also have legal qualification for the representation of his defendant in all proceedings to be verified before the judge on his behalf. "

p) The ordinal 1. of Article 798 (2) is amended, which happens to have the following wording:

" 1. In the event that you consider sufficient measures to be carried out, you will give an oral order, which must be documented and will not be subject to any recourse, by ordering the following procedure to be followed, except that considers any of the decisions provided for in Article 779 (1) and 3 (1), in which case it shall give the corresponding order. If the judge of the standing guard fails to give rise to the formation of the proceedings, he shall proceed to the immediate prosecution in accordance with the provisions of Article 963. '

q) New wording is given to Article 962 (1), in the following terms:

" 1. When the Judicial Police is aware of a fact that it presents the characters of the missing article 617, in article 623.1 when it is flagrant or in article 620 of the Penal Code, provided that in the latter case the offence is of the persons referred to in Article 173.2 of the same Code, whose prosecution corresponds to the Court of Instruction to which the state or other of the same judicial party must be handed over, shall immediately proceed to cite the judged to be on the guard against the offended and harmed, the complainant, the accused and the witnesses they may give reason for the facts.

By making such a summons, the persons cited in the respective consequences of failure to appear before the court of call will be warned. They will also be warned that the trial of faults may be held immediately in the court of call, even if they do not appear, and that they must be able to appear with the means of proof that they attempt to avail themselves. The complainant and the injured or injured shall be informed of their rights under the terms of Articles 109, 110 and 967. '

r) Article 965 becomes the following wording:

" 1. If the judgment is not possible during the on-call service, the court shall follow the following rules:

1. If the jurisdiction for the prosecution corresponds to the court of instruction itself, it shall proceed in any case to the point of order for the conduct of the trial of faults and the citations from the nearest working day possible within the predetermined to that end, and in any case within a period not exceeding seven days.

2. If you estimate that the jurisdiction for the prosecution corresponds to another court, you will forward it to you so that it proceeds to make the judgment and the citations in accordance with the provisions of the previous rule.

2. The General Council of the Judicial Branch, in accordance with the provisions of Article 110 of the Organic Law of the Judicial Branch, will dictate the appropriate regulations for the ordination, in coordination with the Prosecutor's Office, of the statements of judgments. of faults. "

s) Article 966 is amended, the content of which becomes as follows:

" The citations for the conduct of the trial of faults provided for in the previous article shall be made to the Prosecutor's Office, except in the cases referred to in Article 969 (2), to the complainant or the complainant, if " The person who has been accused of being a person who is a person who is a person who is a person who is not

Third. The current additional provision of the Criminal Prosecution Act becomes an additional provision first, and a second additional provision is added to that law, with the following content:

" The interim interim relief measures, their maximum duration and their cessation, as well as the other precautionary measures taken in the course of the criminal proceedings, shall be entered in a national central register, exist in the Ministry of Justice.

The Government, on a proposal from the Ministry of Justice, the General Council of the Judiciary and the Agency for Data Protection, will dictate the appropriate regulatory provisions regarding the organization and powers of the that central register, by determining the time of its entry into operation, as well as the arrangements for the registration and cancellation of its seats and the access to the information contained therein, in any case ensuring its confidentiality. "

Fourth. A new third additional provision is added to the Criminal Procedure Act, with the following content:

" The Government, on a joint proposal from the Ministries of Justice and the Interior, and prior to the reports legally coming, will regulate by royal decree the structure, composition, organization and functioning of the Commission national on the forensic use of DNA, which will correspond to the accreditation of the laboratories empowered to contrast genetic profiles in the investigation and prosecution of crimes and the identification of corpses, the establishment of criteria coordination between them, the elaboration of the official technical protocols on the collection, preservation and analysis of samples, the determination of safety conditions in their custody and the fixing of all measures to ensure the strict confidentiality and reservation of samples, analyses and data to be obtained from them, in accordance with the provisions of the laws. "

Final disposition second.

Organic Law 5/2000 of 12 January, regulating the criminal liability of minors, is amended as follows:

First. The first paragraph of Article 8 is worded as follows:

"The Judge of Minors may not impose a measure that would result in a greater restriction of rights or for a longer period than the measure requested by the Prosecutor's Office or by the particular accuser."

Second. Article 25 is worded as follows:

" Article 25. From the particular accusation.

May be personified in the proceedings as special accusers, except for the actions provided for in Article 61 of this Law, persons directly offended by the crime, their parents, their heirs or their representatives legal if they are minors or incapable, with the powers and rights that derive from being part of the procedure, among those, among others, the following:

a) Exercise the particular charge during the procedure.

b) To urge the imposition of the measures referred to in this law.

c) Having a view of the actions, being notified of the measures requested and agreed upon.

(d) Propose evidence that deals with the criminal act and the circumstances of the commission, except as regards the psychological, educational, family and social situation of the child.

e) To participate in the practice of the tests, either in the phase of the instruction or in the phase of the hearing; to these effects, the acting organ may refuse the practice of the test of the caret, if it is requested, when it does not result fundamental for the investigation of the facts or the participation of the child in them.

f) Be heard in all incidents that are dealt with during the procedure.

g) Be heard in case of modification or replacement of measures imposed on the child.

h) Participate in the views or hearings to be held.

i) Formulate the resources from this law.

Once admitted by the Judge of Minors the personation of the particular accuser, he will be given transfer of all the actions substantiated in accordance with this law and will be allowed to intervene in all the proceedings in defense of his interests. '

Third. A sixth additional provision is added, which is worded as follows:

the Government will proceed to promote measures aimed at sanctioning the application of this organic law, the General Council of the Judicial Branch, the Fiscal Ministry, the autonomous communities, and the parliamentary groups. more firmly and effectively, the criminal acts committed by persons who, even if they are minor, are particularly serious, such as those provided for in Articles 138, 139, 179 and 180 of the Penal Code.

To this end, the possibility of extending the time of detention, its compliance in centers where the security measures imposed and the possibility of its compliance from the age of majority, will be established. in penitentiary centres. " Final disposal third.

A new final paragraph is added to Article 20 of the Mortgage Act, according to the recast text approved by Decree of 8 February 1946, in the following terms:

" It shall not be possible to take any claim, embargo or prohibition of disposal, or any other provided for in the law, if the registrant is a person other than the person against whom the procedure has been addressed. In the case of criminal proceedings, a preventive seizure or a prohibition on the disposal of the goods may be taken as a precautionary measure, where the judge or tribunal has reasonable evidence that the true holder of the goods is the imputed, thus stating in the commandment. "

Final disposition fourth.

In this organic law, the precepts contained in the second paragraph of the first provision, in the second section of the second final provision and in the third final provision, which have been The provisions of Article 149.1.5.a, 6. and 8. of the Constitution have been issued in the exercise of the provisions of Article 149.1.5.a.

Final disposition fifth.

This organic law shall enter into force on 1 October 2004, with the exception of the first final provision, the second final provision, the third final provision and the fourth final provision, which shall enter into force on 1 October 2004. The day following the publication of this organic law in the "Official Gazette of the State", and of the eighth, eighth, ninth and ninth paragraphs of the Single Article, amending Articles 259, 260 and 261 of the Criminal Code, which shall enter into force in force on the same day as the Law 22/2003, of July 9, Conjuciós.

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

Madrid, 25 November 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ