JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

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

EXPLANATORY STATEMENT

The protection of citizen security and the exercise of public freedoms constitute an inseparable binomial, and both concepts are basic requirements of coexistence in a democratic society.

The Constitution, on the other hand, establishes a generic attribution of competence to the State in the field of public security (Article 149.1.29) and, specifically, attributes to the Security Forces and Forces, under the dependence of the Government, the task of protecting the free exercise of rights and freedoms and of guaranteeing citizen security (Article 104.1), affecting in its regulation the exercise of certain fundamental rights, such as the right to freedom, to freedom movement for the national territory and to enter and leave freely. Spain or the right of assembly.

Since the enactment of the Constitution, in an uninterrupted process, the General Courts have tried to maintain a positive balance between freedom and security, enabling the authorities concerned to comply with the law. of their constitutional duties in the field of security, by the approval of General Organic Laws such as 1 June 1981, of the states of alarm, exception and site; on 1 July 1985. on the rights and freedoms of the foreign nationals in Spain, or the one of March 13, 1986, of Forces and Security Corps. Special laws have also been adopted, such as the one of 15 July 1983, regulating the right of assembly; the date of 21 January 1985, on civil protection, or on 25 July 1989, of bases on traffic, the movement of vehicles to motor vehicles; and Road Safety, including measures to prevent violence at sporting events by means of Law 10/1990 of 15 October of Sport, which devotes to the subject its Title IX.

To complete, however, the powers or powers of the authorities updated and appropriate to the Constitution, and in order to protect citizen security, it is considered necessary to establish the scope of responsibility of the administrative authorities in matters such as the manufacture, trade, possession and use of arms and explosives; public gatherings in spectacles; personal documentation of nationals and foreigners in Spain; as well as regular certain activities of special interest and responsibility for the Security Forces and Corps.

The consideration of collective phenomena involving the emergence of threats, coactions or violent actions, with serious repercussions on the functioning of public services and on citizen life, determines, in turn, the the need for appropriate treatment of the nature of such phenomena and adapted to constitutional requirements.

With all this, the formal repeal of the Law of Public Order, which is so emblematic of the previous political regime and which has fallen practically into disuse, comes to be completed, regardless of the fact that in several aspects of its has been expressly repealed.

In Chapter II of the new Law, activities related to weapons and explosives are regulated, enabling state intervention in the entire production and sale process, as well as in the holding and use thereof, recognising the restrictive scope of administrative authorisations for this purpose, regulating the prohibition of certain particularly dangerous weapons, ammunition and explosives, and considering as a sector specific regulation on establishment of the manufacture, trade or distribution of arms or explosives.

The aim is also to ensure that the police measures to be taken by the government in the field of public entertainment and recreational activities are to be carried out, leaving aside the powers which, at this stage, have recognized by the Autonomous Communities by means of their Statutes.

It is also established the right and the duty to obtain the National Identity Document from the age of fourteen, which will have only enough value to prove the identity of the citizens, guaranteeing in any case respect for the right to privacy of the person, without the data contained in it being related to race, religion, opinion, ideology, political or union affiliation, or beliefs. The issue of the passport or document that replaces it is regulated, and it is established, moreover, the duty of identification of the foreigners found in Spain, without being able to be deprived of this documentation, except in the same cases intended for the National Identity Document.

Finally, the government is enabled to carry out the regulation of certain performances of documentary recording and information of activities that are increasingly relevant to citizen security, including the high speed craft movements, as well as the duty of certain entities or establishments, which generate direct risks for third parties or are particularly vulnerable, to take the necessary security measures.

In Chapter III, it is enabled to carry out actions aimed at the maintenance and restoration of citizen security, particularly in cases of collective disorders or serious public insecurity. Thus, the authorities have the power to close the premises or establishments and to evacuate buildings in emergency situations or in circumstances that make it essential, as well as for the suspension of the spectacles. local and provisional closure of establishments where serious alterations of the order were in place. The limitation or restriction of the circulation or permanence in public places or places in cases of alteration of the order or the citizen's security is foreseen. It is possible to establish controls in the public roads, places or establishments, in order to discover and detain the participants in a criminal act and to apprehend the instruments, effects or tests of the same.

The conditions under which the agents of the Security Forces and the Security Corps are regulated, provided that this is necessary for the exercise of the security protection functions that correspond to them, may require the identification of persons. If they cannot be identified by any means, they may be urged to come to a police dependency close to the single effects of identification. There is no change in the current system of the detention institute, which can only continue to be produced in the case of a suspect of having committed a crime and not because of the impossibility of identification. Unfounded or negative resistance to identification, which would have the consequences that for such violations derive from the current Penal Code.

The conditions and terms in which, as permitted by the Constitution and the laws, may be dispensed with, may be dispensed with, in order to penetrate into homes, as far as the tasks of persecution are concerned. This is a very serious problem for the security of citizens, such as those related to drug trafficking.

Chapter IV establishes a sanctioning regime that allows compliance with the purposes of the Law and the corresponding constitutional guarantees. It typifies violations against citizen security, making graduation between very serious infractions, serious infractions and minor infractions; specifically understanding between serious violations of consumption in public places and the the illegal possession of toxic drugs or narcotic drugs, which may also be sanctioned by the suspension of the driving licence of motor vehicles for up to three months, and with the removal of permits or arms licences. In the light of the resocializing and not exclusively remuneration of the sanction, it is regulated in this Law for these cases, the possibility of suspension of the sanctions in the cases in which the infringer is subjected to a treatment of dishabituation in a duly accredited centre or service. This Chapter IV also lays down the penalties to be imposed and the authorities responsible for this, establishing a sanctioning procedure with due guarantees. Moreover, the obligation of the Prosecutor's Office to provide evidence of the absolute judgments or orders of dismissal and file, where the facts are not constitutive of criminal offence, is available if they could constitute an infringement. administrative of those provided for in this Law,

Finally, this Law, pursuant to the provisions of the additional provision, in the first and second final provisions, as well as in Articles 2 and concordant, is clearly respectful of the competitive system which is It follows from the Constitution, as defined by Articles 104 and 149.1.29, by the Organic Law 2/1986, of Forces and Bodies of Security, and by the Statutes of Autonomies of the Communities with powers in this matter. In addition, local authorities will continue to exercise their respective powers, in accordance with the Organic Law of Security Forces and Bodies and the legislation of Local Regime, public spectacles and classified activities.

It is estimated that the task of protecting an area of security and coexistence in which the exercise of rights and freedoms can be protected, through the elimination of violence in social relations, can be facilitated and oriented. and the removal of the obstacles that oppose the fullness of these freedoms and rights, all of which implies one of the main reasons of being of the authorities referred to in this Law and of the Forces and Security Corps to their orders.

CHAPTER I

General Provisions

Article 1.

1. In accordance with the provisions of Articles 149.1.29 and 104 of the Constitution, it is up to the Government, through the authorities and the Forces and the Security Corps, to protect the free exercise of rights and freedoms, and ensure citizen security, create and maintain the right conditions to that effect, and remove obstacles that prevent it, without prejudice to the powers and duties of other public authorities.

2. This competence includes the exercise of the administrative powers provided for in this Law, in order to ensure the coexistence of citizens, the eradication of violence and the peaceful use of public roads and spaces, as well as the to prevent the commission of crimes and misconduct.

Article 2.

1. For the purposes of this Act, they are competent security authorities:

a) The Minister of the Interior.

(b) The holders of the higher bodies and management bodies of the Ministry of the Interior to whom such a character is attributed, by virtue of laws or regulations.

c) The Civil Governors and Government Delegates in Ceuta and Melilla.

d) Government delegates in territorial areas smaller than the province.

2. Without prejudice to the provisions of the previous paragraph, the local authorities shall continue to exercise the powers that correspond to them, in accordance with the Organic Law of Security Forces and Bodies and the Law of Local Regime. Public and Recreational Activities, as well as Molestas, Insalubres, Noxious and Dangerous Activities.

Article 3.

1. In addition to the powers regulated in other laws, the Ministry of the Interior is responsible for the matters of arms and explosives; public spectacles and recreational activities; documentation and personal identification; and prevention, maintenance and restoration of citizen security, regulated in this Law.

2. It is also up to the Ministry of the Interior to plan, coordinate and monitor the general safety of persons, buildings, installations, activities and objects of particular interest, proposing or disposing of the measures, or the approval of the rules that are necessary.

Article 4.

1. In matters subject to special administrative police powers not expressly conferred on bodies under the Ministry of the Interior, they may only intervene to the extent necessary to ensure the attainment of the objectives of the provided for in Article 1 (2).

2. Such bodies, through their agents, shall provide the necessary executive assistance to any other public authorities that require it to ensure compliance with the laws.

Article 5.

1. All authorities and civil servants in the field of their competence shall cooperate with the authorities referred to in Article 2 of this Law and provide them with the assistance that is possible and appropriate for the achievement of the The purposes of Article 1

2. The competent authorities may also be responsible for the purposes of this Law and the members of the Security Forces and Bodies, if necessary and to the extent necessary for the fulfilment of the functions entrusted to them by this Law, the individuals their help and collaboration, provided that they do not involve personal risk to them, and have the strictly necessary to ensure the compliance with the laws and the exercise of the rights. Those who suffer damages for these causes shall be compensated in accordance with the laws.

3. All public authorities and their servants who have knowledge of facts which seriously disturb public security and, consequently, the exercise of constitutional rights, must bring it to the attention of the judicial authority or gubernatively.

CHAPTER II

Preventive Action and Surveillance Measures

SECTION FIRST. WEAPONS AND EXPLOSIVES

Article 6.

1. In the exercise of the jurisdiction conferred upon it by Article 149.1.26 of the Constitution, the State Administration shall establish the requirements and conditions for the manufacture and repair of weapons, their imitations and replicas, and their parts (a) fundamental rights; explosives, cardboard and fireworks; as well as those of their circulation, storage and trade, their acquisition and disposal; their possession and use. In the same way, it may take the necessary control measures to comply with those requirements and conditions.

2. The authorities and services to which the intervention applies may at any time carry out the inspections and checks which are necessary at the various premises of the factories, workshops, warehouses, shops and places of use of weapons and explosives.

Article 7.

1. The Government is empowered to regulate the matters and activities referred to in the previous article, in consideration of circumstances that may arise in the various cases:

(a) By securing the opening and operation of the factories, workshops, warehouses, sales establishments and places of use and the activities related to them to qualification or classification requirements, authorisation, information, inspection, surveillance and control, as well as special enabling requirements for personnel handling their handling.

(b) By means of the enforcement of licenses or permits for the holding and use of firearms the issue of which shall be restrictive, especially in the case of personal defence weapons, in respect of which the the granting of licences or permits shall be limited to cases of strict need.

c) By prohibiting certain weapons, ammunition and explosives, especially dangerous, as well as the deposit thereof.

2. The manufacture, trade or distribution of arms and explosives is a sector with specific regulation on the right of establishment, in the terms of article 20.2 of the Law on Foreign Investments in Spain and in any case under the control of the Ministries of Defense and Interior.

SECTION SECOND. PUBLIC SPECTACLES AND RECREATIONAL ACTIVITIES

Article 8.

1. All entertainment and recreational activities of a public nature shall be subject to the administrative police measures dictated by the Government, for the following purposes:

(a) Ensure citizen security in the face of the risks that, for people or their property, can be derived from the behaviour of those who organise a show or recreational activity, participate in them or witness them.

b) Ensure peaceful coexistence when it may be disturbed by the celebration of the spectacle or the development of the activity.

(c) Limit the activities of the premises and public establishments to which they are authorised, and prevent, in any event, the exercise in them of any other prohibited.

d) Set the conditions to which the organization, sale of localities and opening times and the termination of the entertainment or recreational activities will have to be adjusted, whenever necessary, for their development it will be normal.

2. Sporting spectacles will, in any case, be subject to the measures to prevent violence which are provided for in Title IX of Law 10/1990 of 15 October of the Sport.

SECTION THIRD. DOCUMENTATION AND PERSONAL IDENTIFICATION

Article 9.

1. All Spaniards will have the right to be issued with the National Identity Document that will enjoy the protection that the public and official documents grant the laws and that will have, on its own, sufficient value for the accreditation of the identity of the people.

2. The National Identity Document will be mandatory from the age of fourteen. This document is non-transferable, corresponding to the holder of the custody and conservation, without being able to be deprived of it even temporarily, except for the cases in which, according to the provisions of the Law, it has to be replaced by another document.

3. The National Identity Document shall include the photograph and the signature of the holder, as well as the personal data that are determined in a regulated manner, respecting the right to the privacy of the person, and without, in any case, being relating to race, religion, opinion, Ideology, political or union affiliation or beliefs.

Article 10.

1. The Spanish will be able to enter the national territory, in any case, crediting their nationality. Those who intend to leave Spain will have to be provided with a passport or document that is regulated in the terms of the international agreements signed by Spain, which will have the same consideration as the National Document. of Identity.

2. The passport or document to be issued shall be issued to Spanish citizens, unless the applicant has been sentenced to penalties or security measures which entail the deprivation or limitation of his or her freedom of residence or movement, while have been extinguished, or where the judicial authority has prohibited its dispatch or departure from Spain in respect of the person concerned in a criminal proceedings. For those listed in the first of the above exceptions, they shall, however, be issued with such documents provided that they obtain authorisation from the competent judicial body.

3. The passport or document to be replaced shall be issued to the person who is subject to the parental authority or guardianship if he or she has the authorization of the person who exercises it or, in the absence thereof, of the competent judicial body.

4. The passport or document to be supplied may be withdrawn by the same authority to which the issue is to be issued, if the circumstances of the refusal, as a result of the judgments referred to in the paragraph 2. In such cases, and to the extent that the National Identity Document is a passport document, the holder of another document shall be provided with the same identification purposes.

Article 11.

Foreigners who are in Spanish territory are required to have the documentation that accredits their identity and the fact that they are legally found in Spain, in accordance with the provisions in force. They may not be deprived of this documentation except in the same assumptions as provided for the National Identity Document.

SECTION FOURTH. ACTIVITIES RELEVANT TO CITIZEN SECURITY

Article 12.

1. Natural or legal persons who carry out activities relevant to the security of the public, including those of lodging, the trade or repair of used objects, the rental or scrapping of motor vehicles, or the sale of jewellery and metals precious, must carry out the documentary and information recording actions provided for in the current regulations.

2. For safety reasons, the navigation of high-speed craft may be restricted, with the holders of the operators making the documentary record and information provided in the current regulations.

3. Similarly, the Government may agree on the need to register for the manufacture, storage and trade of chemicals which may be used in the manufacture or processing of toxic drugs, drugs, substances, psychotropic and other severely harmful to health.

SECTION QUINTA. SAFETY MEASURES IN ESTABLISHMENTS AND INSTALLATIONS

Article 13.

1. The Ministry of the Interior may order the adoption of the necessary security measures in industrial, commercial and service establishments and installations, in accordance with the provisions of the regulations, in order to prevent the criminal acts which may be committed against them, where they create direct risks for third parties or are particularly vulnerable.

2. However, the competent authorities may exempt from the establishment or maintenance of compulsory security measures for establishments where the circumstances in which they apply in the particular case make them unnecessary or imsourced.

3. The opening of establishments which are required for the adoption of safety measures shall be subject to verification by the competent authorities of the suitability and sufficiency of those establishments.

4. The owners of the establishments and facilities shall be responsible for the adoption or installation of the compulsory safety measures, in accordance with the rules governing the operation and the effective operation of the plant and the (a) to achieve the protective and preventive aim of each measure, without prejudice to the liability of the employees in this respect.

CHAPTER III

Actions for the maintenance and restoration of citizen security

Article 14.

The competent authorities, in accordance with the laws and regulations, may issue the orders or prohibitions and arrange the police actions strictly necessary to ensure the achievement of the intended purposes Article 1 of this Law.

Article 15.

The competent authority may agree, as extraordinary security measures, the closure or eviction of premises or establishments, the evacuation of buildings or the deposit of explosives, in emergency situations which may be circumstances of the case make them essential and while they last.

Article 16.

1. The authorities referred to in this Law shall take the necessary measures to protect the holding of meetings or demonstrations and public spectacles, while ensuring that public safety is not disturbed. However, they will be able to suspend the performances and arrange for the local authorities to be evicted and the public establishments to be closed temporarily until other means are available to prevent the serious safety changes that are being made. producing.

2. These authorities, by means of the Security Forces and Forces, may dissolve, in the form of least prejudice, the meetings in public transit places and the demonstrations, in the cases prevented by Article 5 of the Organic Law. 9/1983, of 15 July, regulating the right of assembly. They may also dissolve the concentrations of vehicles on public roads and remove those or any other class of obstacles where they prevent, endanger or hinder movement on such routes.

Article 17.

1. Before carrying out the measures referred to in the preceding Articles. the units acting of the Security Forces and Corps shall notify the persons concerned of such measures.

2. In the event of changes in citizen security with weapons or other means of violent action, the Security Forces and Forces may dissolve the meeting or demonstration or remove the vehicles and obstacles, without the need for warning.

3. In the cases referred to in the foregoing Articles, employees of private security and surveillance undertakings, if any, shall cooperate with the Security Forces and Forces in respect of the interior of the premises or establishments in which the service.

Article 18.

The agents of the authority will be able to carry out, in any case, checks necessary to prevent the illegal use of weapons in the roads, places and establishments, proceeding to their occupation. The temporary occupation may even be carried out with a licence or permit and any other means of aggression, if deemed necessary, in order to prevent the commission of any offence, or where there is a danger to the security of people or things.

Article 19.

1. The agents of the Security Forces and Corps may limit or restrict for the time necessary the circulation and permanence in public roads or places in cases of alteration of order, citizen security or peaceful coexistence, where necessary for its re-establishment. They may also preemptively occupy the effects or instruments liable to be used for illegal actions, giving them the intended purpose.

2. For the discovery and detention of members of a criminal act causing serious social alarm and for the collection of the instruments, effects or evidence thereof, checks may be carried out on roads, places or establishments. public, to the extent necessary for the purpose of this paragraph, in order to carry out the identification of persons transiting or finding themselves, to the registration of vehicles and to the superficial control of personal effects for the purpose of to check that prohibited or dangerous substances or instruments are not carried. The result of the diligence will be immediately brought to the attention of the Fiscal Ministry.

Article 20.

1. The agents of the Security Forces and Bodies may, in the exercise of their functions of inquiry or prevention, require the identification of persons and carry out the relevant checks on the public road or in the place where they are the requirement, provided that the knowledge of the identity of the persons required is necessary for the exercise of the functions of security protection that the agents entrust to the present Law and the Law of Forces and Security Bodies.

2. If identification by any means is not achieved, and where it is necessary for the purposes of the preceding paragraph, the agents, in order to prevent the commission of a crime or misconduct, or in order to sanction an offence, may require those who do not they could be identified to accompany them to nearby dependencies and have adequate means to carry out the identification measures, to these alone effects and for the essential time.

3. In the outbuildings referred to in the preceding paragraph, a record-book shall be carried out in which the measures of identification carried out in those areas, as well as the reasons and duration thereof, shall be recorded and shall be in all time at the disposal of the competent judicial authority and the Prosecutor's Office. Notwithstanding the foregoing, the Ministry of the Interior shall periodically send an extract of the measures of identification to the Prosecutor's Office.

4. In cases of unfounded resistance or refusal to identify or voluntarily carry out the identification checks or practices, the provisions of the Criminal Code and the Criminal Procedure Law will be in place.

Article 21.

1. Agents of the Security Forces and Corps may only proceed to the entry and registration at home in the cases permitted by the Constitution and in terms of law.

2. For the purposes of the foregoing paragraph, it shall be a legitimate cause for the entry and registration of the knowledge founded by the Forces and the Security Corps, which leads them to the constancy that they are committing or has just committed any of the crimes that, in the field of toxic drugs, narcotic drugs or psychotropic substances, punishes the Penal Code, provided that the urgent intervention of the agents is necessary to prevent the consummation of the crime, the flight of the offender or the disappearance of the effects or instruments of the offence.

3. It will be sufficient legitimate cause for the entry into domicile the need to avoid imminent and serious damage to people and things, in cases of catastrophe, calamity, impending ruin or other such extreme and urgent need.

In such cases, and for the entry into buildings occupied by official bodies or public entities, the consent of the authority or official who is in charge of them shall not be required.

4. Where, for the reasons provided for in this Article, the Security Forces and Bodies enter an address, they shall without delay transmit the minutes or attises which they shall draw up to the competent judicial authority.

Article 22.

1. In order to obtain compliance with the orders issued pursuant to this Law, the competent authorities to impose the penalties imposed on it may impose fines in accordance with Article 107 of the Law of Procedure. Administrative.

2. In any event, there shall be sufficient time to comply with the provisions, in accordance with the nature and purpose of the order, after which the fines may be imposed in proportion to the seriousness of the non-compliance. Such fines shall not exceed 25 000 pesetas, but may be increased successively by 50 per 100 in the event of the repetition of the said non-compliance, without exceeding the maximum quantitative limits laid down for the penalties.

CHAPTER IV

Sanctioning Regime

SECTION FIRST. INFRINGEMENTS

Article 23.

For the purposes of this Law, they constitute serious infringements:

(a) The manufacture, repair, storage, trade, acquisition or disposal, possession or use of prohibited weapons or uncatalogued explosives; of classified or classified weapons or explosives documentation or authorisation required or exceeding the permitted limits, where such conduct is not a criminal offence.

b) The omission or insufficiency of the adoption or effectiveness of the mandatory measures or precautions to ensure the safety of weapons or explosives.

c) The holding of meetings in places of public transit or of demonstrations, in violation of the provisions of Articles 8, 9, 10 and 11 of Organic Law 9/1983, regulating the law of Réunion, whose responsibility it is for the organisers or promoters, provided that such conduct is not a criminal offence.

(d) The opening of establishments and the holding of public spectacles or recreational activities without authorization or exceeding the limits thereof.

(e) Admission to premises or establishments of spectators or users in numbers greater than that appropriate.

f) The celebration of public spectacles or recreational activities by breaking the prohibition or suspension ordered by the appropriate authority.

g) The provocation of reactions in the public that alter or may alter citizen security.

(h) Tolerance of illegal consumption or trafficking of toxic drugs, narcotic drugs or psychotropic substances in premises or public establishments or the lack of diligence in order to prevent them from being prevented by the owners, administrators or managers.

i) Failure to comply with restrictions on navigation regulations imposed on high-speed vessels.

j) The allegation of false data or circumstances for obtaining the documents provided for in this Law, provided that it does not constitute a criminal offence.

k) The lack of the records provided for in Chapter II of this Law for activities with transcendence for citizen security.

l) The refusal of access or the obstruction of the exercise of the inspections or regulatory controls, established in accordance with the provisions of this Law, in factories, premises, establishments, vessels and aircraft.

(m) Origin of serious disorders on public roads, spaces or establishments or causing serious damage to public goods, provided that it does not constitute a criminal offence.

n) The opening of an establishment, the commencement of its activities or the development of its operation without authorization or without taking full or partial adoption of the mandatory security measures or when those measures do not work or do so defective, or before the competent authority has expressed its conformity with the same.

n) The commission of a third minor infringement within one year, which will be sanctioned as a serious infringement.

Article 24.

The offences referred to in paragraphs (a), (b), (c), (d), (e), (f), (h), (i), (l) and (n) of the previous Article may be considered to be very serious, taking into account the risk-or injury-caused entity, or where they have attempted to attack public health, have altered the functioning of public services, the collective transport or the regularity of supplies, or have been produced with violence or collective threats.

Article 25.

1. They constitute serious infringements of public safety in places, roads, establishments or public transport, as well as illegal possession, even if it is not intended for trafficking, toxic drugs, drugs or substances. psychotropic, provided that it does not constitute a criminal offence, as well as abandonment in the mentioned sites of useful or instruments used for their consumption.

2. Penalties imposed for such offences may be suspended if the offender is subjected to a treatment of dishabituation in a duly accredited centre or service, in the form and for the time which it is regulated.

Article 26.

Constitute minor violations of citizen security:

a) Failure to comply with the obligation to obtain the personal documentation.

b) The refusal to provide the personal documentation when its withdrawal or retention has been agreed.

c) The omission or insufficiency of measures to ensure the preservation of the documentation of weapons or explosives, as well as the failure to report the loss or subtraction of such documentation.

(d) The admission of minors to public establishments or to local shows, where prohibited, and the sale or service of alcoholic beverages to them.

e) The excess in the schedules established for the opening of establishments and the celebration of public spectacles or recreational activities.

(f) Irregularities in the completion of the records prevented in activities that are important for the citizen's security and the omission of the mandatory data or communications within the established time limits.

g) The display of dangerous objects for the physical integrity of persons in order to cause intimidation.

(h) Disobey the mandates of the authority or its agents, dictated in direct application of the provisions of this Law, where this does not constitute a criminal offence.

i) To alter collective security or to cause disorders in public roads, spaces or establishments.

j) All those who, not being classified as serious or very serious, constitute breaches of the obligations or violation of the prohibitions laid down in this Law or in special laws relating to security public, in the specific regulations or in the police rules issued in order to implement them.

Article 27.

The administrative offences referred to in this Law shall be for three months, a year or two years after they have been committed, as minor, serious or very serious, respectively.

SECTION SECOND. SANTIONS

Article 28.

1. Infringements determined in accordance with the provisions of the preceding Section may be corrected by the competent authorities with one or more of the following penalties:

(a) Multa of five million pesetas to one hundred million pesetas, for very serious infractions. From fifty thousand one pesetas to five million pesetas, for serious infractions. Of up to fifty thousand pesetas, for minor infractions.

(b) Withdrawal of weapons and licenses or permits corresponding to them.

c) Seizure of the instruments or effects used for the commission of infringements, and in particular of weapons, explosives, high speed craft or toxic drugs, narcotic drugs or substances psychotropic.

(d) Temporary suspension of licences or authorisations or permits from six months and one day to two years for very serious infringements, and up to six months for serious infringements in the field of the subject matter of the Chapter II of this Law.

e) Closing of factories, premises or establishments, from six months and one day to two years for very serious infringements and up to six months for serious infringements, in the field of the matters covered by Chapter II of this Regulation Law.

In serious cases of recidivism, the suspension and closure referred to in the previous two paragraphs may be two years and one day up to six years for very serious infringements and up to two years for serious infringements.

2. The offences referred to in Article 25 may also be sanctioned by the suspension of the driving licence for up to three months and the withdrawal of the permit or the licence of arms, and of course the seizure of toxic drugs, narcotic drugs or psychotropic substances.

3. In cases of serious or very serious infringements, the corresponding penalties may be replaced by the expulsion of the Spanish territory, where the offenders are foreign, in accordance with the provisions of the legislation on rights and freedoms of foreigners in Spain.

4. The penalties shall be prescribed for the year, two years or four years, depending on whether the relevant infringements have been classified as minor, serious or very serious.

Article 29.

1. They shall be competent to impose the penalties referred to in the previous Article:

(a) The Council of Ministers to impose any of the sanctions provided for in this Law, for very serious, serious or minor infractions.

b) The Minister of the Interior to impose fines of up to fifty million pesetas and any of the remaining penalties provided for, for very serious, serious or minor infractions.

(c) The holders of the bodies referred to in Article 2 (b) of this Law to impose fines of up to 10 million pesetas and any other penalties provided for, for very serious, serious or minor infringements.

(d) The Civil Governors and the Government Delegates in Ceuta and Melilla, to impose fines of up to one million pesetas, the penalties provided for in paragraphs (b) and (c) of the previous article and the temporary suspension of the licences or authorisations of up to six months ' duration, for serious or minor infringements.

e) Government delegates in territorial areas less than the province, to impose fines of up to a hundred thousand pesetas, and the penalties provided for in paragraphs (b) and (c) of the previous article, for serious infringements or mild.

2. For serious or minor infringements of public spectacles and recreational activities, illegal possession and public consumption of drugs and for minor offences as defined in paragraphs (g), (h), (i) and (j) of Article 26, the Mayors shall be competent, after hearing the Local Safety Board, to impose the penalties for the suspension of the authorisations or permits granted by the municipalities and for fine in the following maximum amounts:

-Municipalities of more than five hundred thousand inhabitants, of up to one million pesetas.

-Municipalities of fifty thousand to five hundred thousand inhabitants, of up to a hundred thousand pesetas.

-Municipalities of twenty thousand to fifty thousand inhabitants, of up to fifty thousand pesetas.

-Municipalities of less than twenty thousand inhabitants, of up to twenty-five thousand pesetas.

Where the circumstances provided for in the preceding paragraph are not met in the matters to which the latter refers, the Mayors shall bring the facts to the attention of the competent authorities or, subject to the substantiation of the appropriate file, propose the imposition of the appropriate penalties.

Article 30.

1. The respective regulatory rules may determine, within the limits laid down by this Law, the amount of the fines and the duration of the temporary penalties for the commission of the infringements, taking into account the seriousness of the the amount of the damage caused and its possible significance for the prevention, maintenance or restoration of public safety.

2. The same criteria shall be taken into account by the sanctioning authorities, in addition to the degree of culpability, reoffending and economic capacity of the offender, in order to specify the penalties to be imposed and, where appropriate, to graduate the amount of the fines and the duration of the temporary penalties.

SECTION THIRD. PROCEDURE

Article 31.

1. No sanction may be imposed for the offences provided for in this Law, but under the procedure laid down for the purpose and in accordance with the principles of the hearing of the person concerned, the economy, the speed and the age.

2. Subject to the provisions of this Section, the sanctioning procedure shall be dealt with in accordance with the provisions of the Administrative Procedure Act.

3. It shall be competent to order the opening of the sanctioning files, irrespective of the sanction which may be imposed, any of the authorities referred to in Article 2 of this Law, within the respective territorial areas.

Article 32.

1. Criminal and administrative sanctions may not be imposed for the same facts.

2. Where the conduct referred to in this Law may take the form of a criminal offence, the necessary background to the action taken shall be forwarded to the Prosecutor's Office, although this shall not prevent the processing of files. sanctioning by the same facts. However, the final decision of the file can only be taken when the resolution is signed in the criminal field, until then the limitation period is interrupted.

3. The precautionary measures taken by the sanctioning authorities prior to the judicial intervention may be maintained as long as they do not have an express statement in respect of the judicial authorities.

Article 33.

In the criminal proceedings involving the Prosecutor's Office, when the file is agreed upon or a self-rule or an absolute judgment is ruled to prove that the facts are not a criminal offence, it must a copy of the resolution and of the individuals deemed necessary by the sanctioning authority, where the latter may be subject to administrative sanctions in accordance with the provisions of this Law.

Article 34.

In the cases of the two previous articles, the sanctioning authority will be bound by the proven facts on the court.

Article 35.

In any case of sanctioning procedure which is instructed in the matters covered by this Law, the authority which has ordered its initiation may choose to appoint an instructor and a secretary, in accordance with the provisions of Article 135 of this Law. the Law of Administrative Procedure, or order the instruction of the same to the corresponding administrative unit.

Article 36.

1. The sanctioning case may be initiated, the precautionary measures necessary for the normal development of the procedure may be adopted, the commission of new infringements should be avoided, or the sanction that could be imposed should be ensured.

2. Such measures, which must be proportionate to the nature and gravity of the infringement, may consist of measures for preventive action and action for the maintenance or restoration of safety. citizen, in accordance with the provisions of this Law and especially in:

(a) The deposit in place of the instruments or effects used for the commission of the infractions and, in particular, of the weapons, explosives, high speed boats, or toxic drugs, drugs or substances psychotropic.

(b) The adoption of provisional measures for the security of persons, property, establishments or facilities which are in danger, in charge of their owners.

c) The preventive suspension or closure of factories, premises or establishments.

(d) The suspension, partial or total, of the activities of establishments that are notoriously vulnerable and do not have the mandatory security measures in place.

e) The preventive withdrawal of authorizations, permits, licenses, and other documents issued by the administrative authorities, in accordance with the provisions of this Law.

3. The duration of temporary precautionary measures may not exceed half of the time limit laid down in this Law for the sanction that may be the case for the offence committed.

4. Exceptionally, in the event of possible disappearance of weapons or explosives, of serious risk or imminent danger to persons or property, the measures provided for in paragraph 2 (a) may be ordered directly by the Member States. agents of the authority, which must be ratified or revoked by the latter within the maximum period of forty-eight hours.

Article 37.

In the case of sanctioning proceedings in the matters covered by this Law, the information provided by the officials of the authority who have witnessed the facts, after ratification in the case of denied by the defendants, shall constitute sufficient basis for the adoption of the decision, unless proof to the contrary, and without prejudice to the fact that those who are required to provide the file with all the evidence available.

Article 38.

1. The penalties imposed in the matters covered by this Law shall be enforceable since the decision has been established on the administrative path.

2. Where the penalty is of a pecuniary nature and is not legally or regularily provided for in order to satisfy it, the authority which imposed the penalty shall not be less than 15 or more than 30 working days.

Article 39.

The final decision on the administrative procedure of the case of penalties for serious and very serious misconduct may be made public, pursuant to the agreement of the competent authorities, in the terms which it regulates determine.

ADDITIONAL DISPOSITION

Will have the consideration of authorities for the purposes of this Law, the corresponding ones of the Autonomous Communities with powers for the protection of persons and property and for the maintenance of citizen security, with the provisions of the relevant Statutes and the Organic Law on Security Forces and Bodies, and may impose sanctions and other measures determined in this Law on matters for which they have jurisdiction.

REPEAL PROVISION

Repealed:

-Law 45/1959, of July 30, of Public Order.

-Law 36/1971 of 21 July on the modification of certain articles of the Law of Public Order.

-Royal Decree-Law 6/1977 of 25 January amending certain articles of the Law of Public Order.

-Article 7 (5) of Law 62/1978 of 26 December 1978 on the judicial protection of the fundamental rights of the person.

-Royal Decree 3/1979 of 26 January on the Protection of Citizen Security.

-How many other provisions, of equal or lower rank, object to the provisions of this Law.

FINAL PROVISIONS

First.

The provisions of this Law and those implementing it by the Government, determined for reasons of public security, shall be construed as being in accordance with Article 149.1.29 of the Constitution.

Second.

1. The provisions relating to public spectacles and recreational activities contained in this Law, as well as the rules for the development thereof, shall be of general application in the absence of those which may be issued by the Autonomous Communities. with regulatory competence in this area.

2. In any event, the application of the provisions laid down in those provisions shall correspond to the Autonomous Communities with competence in the matter.

Third.

This Law shall be of the character of Organic Law except in Articles 2; 3; 4; 5.1: 6; 7; 8; 9. 12; 13; 22; 23, in all paragraphs of paragraph 1, except for (c): 25; 26; 27; 28.1 and 3; 29; 30; 31; 32; 33; 34; 35: 36; 37; 38; 39; repeal provision and first, second, fourth and fifth provisions, which shall be of a nature. ordinary.

Fourth.

The government will dictate the regulatory standards that are accurate to determine the security and control measures that may be imposed on entities or establishments.

Fifth.

The Government is authorised to update the amounts of the financial penalties provided for in this Law, taking into account the variations in the Consumer Price Index.

Therefore,

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

Madrid, 21 February 1992.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ