JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the Cortes General have approved and I come to sanction the following Organic Law.

I

The Law is the most valuable instrument with which the rule of law counts so that the rights and freedoms of citizens proclaimed by the Constitution are real and effective.

Being particularly relevant to terrorism, the public authorities have to deal with terrorist behaviour and seek to evade the application of the rules by taking advantage of the loopholes and the Interpretative complexities of the same. All the more so if it is considered that the more the society advances, the more numerous and varied the freedom of freedom, the more numerous and varied the terrorist actions they try to avoid, by directly frightening each citizen or, as a whole, by the inhabitants of a population or members of a social, political or professional collective, that the democratic coexistence is developed as normal and that the society itself strengthens and imposes such coexistence, eradicating the serious and Illegitimate behaviors that disturb her.

To give an effective response to these needs from the legal system, through the ordinary instruments that our Constitution admits and demands, this Law reform some of the provisions of the Organic Law 10/1995, of 23 November, of the Penal Code, as well as of Law 5/2000, of January 12, regulating the Criminal Responsibility of the Minors, for the reasons and with the contents that are detailed below.

The structure of this normative text is simple, with a first article containing all the modifications affecting the Penal Code and a second article detailing the changes affecting the Law. Regulation of the criminal liability of minors.

II

Articles 40, 266, 346, 351, 504, 505, 551, 577, 578 and 579 are the precepts of the Penal Code. It is important, however, to refer to them briefly by examining the basic lines summarising this reform.

First of all, mention should be made of the amendment to Article 577, which deals with so-called 'urban terrorism'. In its current wording, this article typifies the actions of those who, without belonging to armed bands, share their ends and contribute to subvert the constitutional order or to seriously alter public peace. Experience shows, however, that these forecasts are not meeting the objective pursued. On the one hand, because the events of urban terrorism are only considered as such in the event that there is a risk to the life or physical integrity of the people. On the other hand, because the current legislation does not make it easier for those who intervene in these actions to be condemned, not already the explosives or weapons that cause fires or destruction, but only the components necessary to cause the explosion.

In the face of these complexities, the new wording of Article 577, based on the fact that, as it is now expressly stated, these actions are not limited to damaging individual or collective material goods, but are intended to frighten a whole population or collective to favour terrorist purposes, thereby calling into question constitutional values which, such as respect for the life or dignity of persons or freedom itself, must be the subject of maximum protection, incorporates the offence of damages to the cast of those listed in that precept and resolves the doubts interpretative on the possession of explosives used to commit acts of terrorism.

In line with this, Articles 266, 346 and 351 of the Code itself are amended, aggravating the offences of damage caused by fire, explosion or risk to persons, covering certain technical gaps appreciated in the current wording.

III

The introduction of a new criminal type of terrorism exaltation in the new article 578 of the Penal Code is aimed at sanctioning those who believe or justify by any means of public expression or dissemination of the crimes of terrorism or those involved in its execution, or the conduct of acts involving discredit, contempt or humiliation of the victims of terrorist offences or of their families.

The actions that are penalised here, regardless of the provisions of Article 18 of the Code itself, constitute not only a reinforcement and support for very serious criminal actions and the sustainability and durability of the But another very notorious manifestation of how different ways will generate the collective terror to advance the terrorist ends.

It is not, in all evidence, to prohibit the praise or the defense of ideas or doctrines, even if they move away or even call into question the constitutional framework, nor, even less, to prohibit the expression of subjective opinions. on historical or current events. On the contrary, it is as simple as pursuing the exaltation of terrorist methods, radically illegitimate from any constitutional perspective, or from the perpetrators of these crimes, as well as the particularly perverse behaviors. of those who slander or humiliate the victims while increasing the horror of their relatives. They all produce perplexity and indignation in society and they deserve a clear criminal reproach.

The incorporation of this new crime in Article 578 originates the reform of the previous Articles 578 and 579, which are now being recast in the new Article 579, with some modifications being discussed below.

IV

Also through the introduction of new criminal types it is intended to give greater legal protection to members of the local, legitimately elected Corporations, and to the Plenos who celebrate for the exercise of the functions of the Corporation. To this end, a new Article 505 is incorporated in the Penal Code, which is to penalize the serious disturbances that arise during the plenary sessions of these Corporations, and Article 551 (2) is amended to define as the authority is made against the members of the same, in terms similar to the protection that the Code grants to the members of other institutions.

As a consequence of the inclusion of the new Article 505, Article 504 is also amended, which now recasts, in separate paragraphs, the previous articles 504 and 505, on the injury or serious threats to various institutions.

For the same purpose of strengthening the democratic and representative institutions and the dignity of the function that legitimately corresponds to those who are elected by their fellow citizens and in order to adapt the sentences to the nature of the offences committed, it has been deemed necessary to limit the possibility for those convicted of terrorist offences and who have therefore seriously attacked democracy and the rule of law itself immediately to representative public offices. To this end, the penalty of absolute disablement, set out in the Penal Code up to this date as a penalty for terrorism offences, is introduced as a major penalty with a duration of six to twenty years in the second paragraph of the new Article 579.

V

Finally, in the second article of this Law, a modification is introduced in the Organic Law 5/2000, of January 12, of criminal liability of minors, which translates into the incorporation of a new additional provision-and in the subsequent technical amendment of certain provisions affected by that provision, which is intended to strengthen the application of the principles of inspiration of that law to minors involved in terrorist offences, as well as to reconcile such principles with other constitutionally protected goods to which it has already been I would like to make it clear that this is a very important point, and I would like to make a point of making it clear that the Commission is not going to make a decision on this matter.

It is not, therefore, to derogate from the application of Law 5/2000 to these minors, nor to postpone or graduate the entry into force of Law 5/2000, scheduled for 13 January 2001, but to establish the (a) minimum requirements for the prosecution of the conduct of minors responsible for terrorist offences to be carried out under the conditions most appropriate to the nature of the cases in which they are prosecuted and the importance of the For the whole of the company, without exception, all the special procedural guarantees For the minors, it has established Law 5/2000, and for the application of the rehabilitating measures, especially valuable and complex with respect to behaviors that radically put in question the most elementary values of the coexistence, can develop in favourable environmental conditions, with specialized technical support, and for a sufficient time to make the rehabilitation process effective.

To this, the joint in the National Court of a Central Judge of Minors (paragraphs (a) and (b)), the possible extension of the periods of internment (paragraph c)) and the forecast of the execution of the measures of The Court of Appeal agrees with the support and control of the specialised staff that the Government makes available and under the direction of the National Court itself (paragraphs c) and d). All this, without further modifications of the powers that Law 5/2000 attributes in these procedures to Judges and Prosecutors, who maintain a wide margin to discriminate according to the different gravity of the behaviors duration of detention, and to make the scheme of the child more flexible by amendment, suspension or replacement of the measure imposed, in particular with regard to children under 16 years of age.

In the same way as, it has just been pointed out, it is considered appropriate to establish a differentiated treatment between the ages of 16 and the ages of 16 and 18, Moreover, it is already clear from the provisions of Article 4 of the Law on the Law on the Criminal Liability of Children, as it is not appropriate to apply this rule to young people over the age of 18.

Finally, and as a result of the amendments to Law 5/2000, provided for in this Law, concerning the Central Court of Minors, the third and fourth articles modify, respectively, the Organic Law 6/1985, of 1 July, of the Judicial Power, and Law 38/1988, of December 28, of Demarcation and of the Judicial Plant.

Article first. Amendments to the Organic Law 10/1995 of 23 November of the Penal Code.

Articles 40, 266, 346, 351, 504, 505, 551, 577, 578 and 579 of the Organic Law 10/1995, of 23 November, of the Criminal Code, are amended as follows:

First. Article 40 is amended and is worded as follows:

" The term of absolute disablement shall be six to twenty years, except as otherwise provided for by other provisions of this Code; those of special disablement, from six months to twenty years of suspension of employment or public office, six months to six years; the deprivation of the right to drive motor vehicles and mopeds and the right to the right to the

possession and possession of weapons, from three months to ten years; that of deprivation of the right to reside or to go to certain places, from six months to five years, and that of works for the benefit of the community, from one day to one year. "

Second. Article 266 is amended and is worded as follows:

" 1. It shall be punishable by imprisonment of one to three years for the damage provided for in Article 263 by fire, or by causing explosions or by using any other means of similar destructive power, or endangering life. or the integrity of people.

2. It shall be punishable by imprisonment of three to five years and a fine of twelve to twenty-four months for the damage provided for in Article 264, in any of the circumstances referred to in the preceding paragraph.

3. It shall be punishable by imprisonment of four to eight years for the damage provided for in Articles 265, 323 and 560 in any of the circumstances referred to in paragraph 1 of this Article.

4. In any of the cases referred to in the preceding paragraphs, where the damage is committed by the provocation of explosions or the use of other means of similar destructive power and, in addition, the life or integrity of the people, the penalty will be imposed in its top half.

In the event of fire, the provisions of Article 351 shall apply. "

Third. The following point shall be added to Article 346 at the end of the first paragraph:

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

Fourth. A second paragraph is added to Article 351 of the following wording:

"When there is no such danger to the life or physical integrity of the persons, the facts shall be punished as damages provided for in Article 266 of this Code."

Fifth. Article 504 is amended and is worded as follows:

" 1. The General Council of the Judiciary, the Constitutional Court, the Supreme Court, or the Governing Council or the Council of Government shall incur the penalty of a fine of twelve to eighteen months for those who slander, injure or seriously threaten the Government of the Nation, the General Council of the Judiciary, the Constitutional Court, the Supreme Court, or the Superior Court of Justice of an Autonomous Community.

The guilty of slander or slander in accordance with the provisions of the preceding paragraph shall be exempt from penalty if the circumstances provided for, respectively, in Articles 207 and 210 of this Code are given.

The prison sentence of three to five years shall be imposed on those who use force, violence or intimidation to prevent the members of such Organisms from attending their respective meetings.

2. Those who will insult or seriously threaten the Armies, Classes or Corps and Security Forces will be punished with the penalty of a fine of twelve to eighteen months.

The guilty of the injuries provided for in the preceding paragraph shall be exempt from penalty if the circumstances described in Article 210 of this Code are given. "

Sixth. Article 505 is amended and is worded as follows:

" They will be in prison for six months to one year who, without being a member of the local corporation, will seriously disturb the order of their plenary sessions preventing the development of the planned agenda, the adoption of agreements or cause disorders to express support for armed gangs, organisations or terrorist groups. "

Seventh. Article 551 (2) shall be amended as follows:

" 2. By way of derogation from the previous paragraph, if the authority against which it is served is a member of the Government, of the Councils of Government of the Autonomous Communities, of the Congress of Deputies, of the Senate or of the Legislative Assemblies of The Autonomous Communities, of the Local Corporations, of the General Council of the Judiciary or Magistrate of the Constitutional Court, will impose the sentence of imprisonment of four to six years and fine of six to twelve months. "

Eighth. Article 577 is amended as follows:

" Those who, without belonging to armed gang, organization or terrorist group, and with the purpose of subverting the constitutional order or of seriously altering public peace, or of contributing to these ends by frightening the inhabitants of a population or members of a social, political or professional collective, committed to homicide, injuries to those classified in Articles 147 to 150, unlawful detention, kidnapping, threats or coercion against persons, or shall be carried out (a) any fire offences, damage, damage to the offences referred to in Articles 263 to 266, 323 or 560, or holding, manufacture, deposit, traffic, transport or supply of arms, ammunition or explosive, flammable, incendiary or suffocating substances or apparatus, or of their components, shall be punishable by the made in its upper half. "

Ninth. Article 578 is amended as follows:

" The raising or the justification by any means of public expression or dissemination of the offences referred to in Articles 571 to 577 of this Code or those who have participated in its execution, or the performance of acts If the victims of terrorist crimes or their relatives are discrediting, discrediting or humiliation, they will be punished with the prison sentence of one to two years.

The Judge may also agree in the judgment, during the period of time that he himself points out, some or some of the prohibitions provided for in Article 57 of this Code. "

10th. Article 579 is amended, as follows:

" 1. The provocation, the conspiracy and the proposition to commit the crimes foreseen in the

Articles 571 to 578 shall be punishable by a lower penalty of one or two degrees, corresponding to the facts provided for in the preceding articles, respectively.

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

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

Article 2. Amendment of the Organic Law 5/2000 of 12 January, regulating the criminal liability of minors.

Articles 7 and 9 are amended and an additional provision is incorporated in Organic Law 5/2000 of 12 January, regulating the criminal liability of minors, in the following terms:

First. A new point (n) is added to Article 7 (1), with the following wording:

" n) Absolute disable. In accordance with the provisions of the fourth additional provision, the measure of absolute disablement results in the definitive deprivation of all the honors, jobs and public charges on which it is granted, even if they are elective, as well as the incapacity for to obtain the same or any other honors, posts or public employment, and to be elected to public office, during the time of the measure. "

Second. The first and third paragraphs of Rule 5 (2) are worded as follows:

" 5.a Exceptionally, when the assumptions provided for in the previous rule were extremely serious, expressly appreciated in the judgment, the Judge will have to impose a closed regime detention measure of one to five years. years of duration, supplemented successively by another measure of probation with educational assistance up to a maximum of five years. Only the provisions of Articles 14 and 51.1 of this Law may be used after the first year of effective enforcement of the detention measure. All without prejudice to the provisions of the fourth additional provision. ' "For the purposes of this Article, it is always considered to be of extreme gravity those in which recidivism will be appreciated."

Third. A new fourth provision is introduced in the Organic Law 5/2000 of 12 January, regulating the Criminal Responsibility of Minors, with the following wording:

" Additional provision fourth. Application to the offences referred to in Articles 138, 139, 179, 180, 571 to 580 and those other punishable in the Criminal Code with imprisonment of 15 years or more.

1. The provisions of Article 4 of this Organic Law shall not apply to those over 18 years of age who are charged in the commission of the crimes referred to in this additional provision.

2. For those who are charged in the commission of the offences referred to in the previous paragraph, under the age of eighteen years, the provisions of this Organic Law shall apply to them, with the following specialties:

(a) The jurisdiction to know of the offences referred to in Articles 571 to 580 of the Criminal Code shall be the responsibility of the Central Court of Minors of the National Court, whose cars and judgments may be the subject of an appeal appeal to the corresponding Chamber of the Hearing itself.

The sentences handed down on appeal by the National Court will be appealed in accordance with the provisions of Article 42 of this Organic Law. The Government will promote the necessary adequacy of the structure of the National Court, as provided for in the second paragraph of this Law.

b) The proceedings of the National Court may not be the subject of cumulation with other proceedings in the field of the jurisdiction of minors, whether or not the persons concerned are the same.

(c) Where any of the acts committed are those provided for in this additional provision and the person responsible for the offence is more than sixteen years, the Judge shall impose a closed detention measure of one to eight years, supplemented, where appropriate, by another measure of probation, up to a maximum of five years, with the fulfilment of the requirements laid down in the second paragraph of Article 9 (a) of this Organic Law. In this case, only the powers of amendment, suspension or replacement of the measure imposed on those referred to in Articles 14, 40 and 51.1 of this Law may be used where at least half of the duration has elapsed. of the imposed detention measure.

If those responsible for these crimes are under the age of sixteen, the Judge shall impose a closed-regime detention measure of one to four years, supplemented, where appropriate, by another measure of probation, up to a maximum three years, with the fulfilment of the requirements laid down in the second paragraph of Rule 5 (a) of Article 9 of this Organic Law.

By way of derogation from the previous two paragraphs, the closed detention measure may be for a maximum duration of 10 years for the age of 16 years and over five years for minors of that age, where they are liable for more than one offence, one of which is qualified as serious and punishable by imprisonment equal to or greater than fifteen years of the offences of terrorism falling within Articles 571 to 580 of the Criminal Code.

In the case of the offences referred to in Articles 571 to 580, the Judge, without prejudice to other offences

measures corresponding to this Organic Law will also impose the absolute disablement measure for a longer period of between four and fifteen years for the duration of the detention measure under closed regime imposed, in proportion to the seriousness of the offence, the number of the tasks and the circumstances of the child.

d) The execution of the preventive detention, the precautionary measures of detention or the measures imposed in the sentence will be carried out in the establishments and with the control of the specialized personnel that the government make available to the National Court, where appropriate, by agreement with the Autonomous Communities.

e) The execution of the measures imposed by the Central Judge of Minors or by the corresponding Chamber of the National Court shall be preferred over those imposed, if any, by other Judges or Chambers of Minors.

(f) The criminal acts and measures provided for in this provision shall be prescribed in accordance with the rules contained in the Criminal Code.

g) The reference of the last paragraph of Article 17 (4) and the other provisions contained in this Law to the Judge of Minors shall be construed as references to the Central Judge of Minors in so far as it affects the children charged by any of the offences referred to in Articles 571 to 580 of the Criminal Code. '

Fourth. A new fifth additional provision is introduced in the Organic Law 5/2000 of 12 January, regulating the Criminal Responsibility of Minors, with the following wording:

" Additional disposal fifth.

The government within the five-year period since the entry into force of this Organic Law will send to the Congress of Deputies a report, in which the effects and consequences of the application of the law will be analyzed and evaluated. Additional provision fourth. '

Article 3. Amendment of the Organic Law 6/1985, of July 1, of the Judicial Branch.

Articles 65 and 96 of the Organic Law 6/1985, of July 1, of the Judicial Branch are amended in the following terms:

First. Paragraph 5.o of Article 65 is amended, which is worded as follows:

"Of the resources established in the Law against judgments and other resolutions of the Central Criminal Courts, the Central Courts of Instruction and the Central Court of Minors."

Second. A second paragraph is inserted in Article 96, with the following content, passing the current content of that article to constitute a new paragraph 1:

" 1. In each province, with jurisdiction throughout and based in its capital, there will be one or more Courts of Minors. However, where the volume of work so advises, the Courts of Minors may be established whose jurisdiction extends either to a particular party or party grouping, or to two or more provinces of the same Autonomous Community. They shall take their name from the population where they are based.

2. In the villa of Madrid, with jurisdiction in all of Spain, there will be a Central Court of Minors, which will know of the causes attributed to it the legislation regulating the criminal responsibility of the minors. "

Article 4. Amendment of Law 38/1988, of 28 December, of Demarcation and of Judicial Plant.

Articles 1, 6, 19 and 61 of Law 38/1988, of 28 December, of Demarcation and of the Judicial Plant are amended, in the following terms:

First. Article 1 is amended as follows:

" The Supreme Court, the National Court, the Central Courts of Instruction, the Central Courts of the Criminal, the Central Courts of the Administrative-Administrative and the Central Juvenile Court have jurisdiction in all Spain. '

Second. Article 6 is amended as follows:

" The Supreme Court, the National Court, the Central Courts of Instruction, the Central Courts of the Criminal, the Central Courts of the Administrative Court and the Central Court of Minors are based in the Villa de Madrid. "

Third. Article 19 is amended as follows:

" 1. The plant of the Central Court of Minors and the Courts of Minors is established in Annex XI of this Law.

2. The Central Court of Minors and the Courts of Minors must be served by Magistrates.

3. The provision of the Central Court of Minors and the Courts of Minors is done by means of a contest, which is resolved in favor of those who credit the corresponding specialization in the Judicial School and have better place in the ladder and, in their "Defect, in favor of the Magistrates with better place on the ladder."

Fourth. Article 61 is amended, which is worded as follows:

" 1. The Juvenile Courts will have the jurisdiction established in the legislation regulating the criminal liability of minors.

2. The Provincial Hearings shall know of the appeals against the resolutions of the Courts of Minors in the field of their respective province, without prejudice to the provisions of the legislation regulating the criminal liability of the minors for the National Audience. "

Fifth. Annex XI of Law 38/1988 of 28 December 1988 is partially amended in order to incorporate a Central Child Court.

Single additional disposition.

All the precepts contained in this Law have an organic character, with the exception of the provisions of the fourth article, which has an ordinary character.

Single end disposition. Entry into force.

This Organic Law shall enter into force on the day following that of its publication in the " Official Gazette of the

State, with the exception of the provisions of its second article, which will enter into force on the day that the Organic Law 5/2000, of January 12, is to regulate the Criminal Responsibility of the Minors.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, 22 December 2000.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ