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

The proliferation in different countries of Europe of episodes of racist and anti-Semitic violence perpetrated under the flags and symbols of Nazi ideology forces the democratic states to take decisive action to fight against her. This is all the more urgent when the reappearance, in the war in the former Yugoslavia, of genocidal practices that the peoples of Europe believed to have been banished forever.

Unfortunately, Spain has not remained oblivious to the awakening of this phenomenon, which is exacerbated by the fact that Spanish legislation does not sufficiently contemplate all the manifestations that this phenomenon generates, However, we can see the international treaties ratified by our country. Thus, the New York Convention of 9 December 1948 for the Prevention and Punishment of the Crime of Genocide and the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965.

In compliance with our international obligations in this area, we recently approved the Organic Law 15/1994 of 1 June, which involves the adoption of necessary measures in accordance with our national law to comply with the law. Resolution 827 (1993) of the United Nations Security Council, establishing an International Tribunal for the prosecution of alleged perpetrators of serious violations of international humanitarian law committed in the territory of the former Yugoslavia. This does not exhaust our duty of solidarity and the need to deal with these acts firmly. Its proliferation forces us to take a step further in the repression of how many conduct can mean apologia or the spread of ideologies that defend racism or ethnic exclusion, obligations that cannot be limited in the name of the Ideological freedom or expression, in accordance with the doctrine laid down by the Constitutional Court (Case 214/1991 of 11 November).

Finally, it introduces a new aggravating factor in crimes against persons and property when the motive for the commission is racism, anti-Semitism or other reasons related to ethnic or national origin, or to ideology, religion or beliefs of the victim.

Article first

1. A new Article 137 a (b) is incorporated into the Criminal Code, with the following content:

" The apology of the crimes defined in the previous article will be punished with the lower penalty in two degrees to the ones established in the same.

Apologia exists when, in the presence of people or by any means of dissemination, ideas or doctrines that extol the crime are exposed, they can be considered by their author, deny, bathe or justify the facts established in the (a) to the extent that such conduct, by its nature and circumstances, may constitute an incitement, or to seek the rehabilitation or establishment of schemes or institutions which provide for the conduct of the crime of genocide; direct to commit a crime. "

2. A new Article 137 (a) (c) is incorporated into the Criminal Code, with the following content:

" In case of any of the offences included in the two previous articles by an authority or public official, it shall be imposed, in addition to the penalties mentioned in them, that of absolute disablement; and if it were a The Judges or Courts may apply the special disqualification for employment or public office. "

3. The current Article 137 bis of the Criminal Code is renumbered as Article 137 (a).

Article 2.

A new article is incorporated into the Penal Code that will be numbered as 165 ter and will have the following wording:

" Article 165 ter.

1. Those who provoke or incite, directly or through the apology, through means of communication or by any other system which facilitates advertising, to the discrimination of persons or groups on grounds relating to their racial, ethnic or ethnic origin national, or their ideology, religion or beliefs, will be punished with the lesser prison sentence to a minimum or a half degree and a fine of 100,000 to 1,000,000 pesetas.

2. The apology exists when, in the presence of people or by any means of dissemination, ideas or doctrines that extol the crime are exposed or they can be found to their author and that, by their nature and circumstances, they can constitute an incitement direct to commit a crime. "

Article 3.

Article 10 (17) of the Criminal Code, currently without content, will have the following wording:

" 17. Commit any of the crimes against persons or assets for racist, anti-Semitic or other reasons relating to ethnic or national origin, or to the ideology, religion or beliefs of the victim. "

Single end disposition.

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

Therefore,

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

Madrid, 11 May 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ