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Law 3/1989 Of 21 June, Update Of The Criminal Code.

Original Language Title: Ley Orgánica 3/1989, de 21 de junio, de actualización del Código Penal.

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TEXT

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:

PREAMBLE

Among the principles in which modern criminal law rests, the minimum intervention stands out. In its merit, the punitive apparatus reserves its action for those behaviors or conflicts whose importance or transcendence cannot be adequately dealt with more than with the use of the penalty; such a serious decision is based on the the importance of the legal assets at stake and the objective and subjective entity of the behaviors that offend them.

It has been a time since there is unanimity in Spanish jurisprudence and doctrine that our penal system has an excessive amplitude, with the number of criminal offences being meaningless at present being large, either because private law or administrative law is in a position to offer sufficient solutions, with the additional advantage of preserving the order of the criminal in its proper place, which must be the cusp of illicit behavior. In the same type of considerations, the demonstrable fact that outside of the punishable is described and sanctioned conduct of entity notoriously superior to those that are the subject of the criminal descriptions are described. It turns out that, on the one hand, there has been an excess of the punitive, and, on the other hand, there has been a certain imbalance between the penalties and the system of non-criminal legal reactions.

The exposed situation is particularly visible in the field of faults. Those who were called "venial crimes" in their day are part of a body of criminal violations of excessive amplitude. To this are added the imaginable consequences of agolding before the Courts of Justice of many small problems that certainly do not deserve the stipend of so many efforts of the public authorities.

These considerations have led the government to face the task of adjusting the positive criminal system to the aforementioned principle of minimum intervention. This objective obviously goes through, first and foremost, the reduction of the Criminal Code's Book III, part of the legal system that most clearly infringes on the above principle. The simplest and most important solution would have been the total abolition of the said Book, but a careful reading of it shows that some of the behaviour that sanctions must continue in the criminal sphere, and that it even deserves to be raised to the This is a criminal offence, so the use of the derogation must also be carefully used. This caution is also imposed by the need to check in each case whether these are behaviors that have lost all sense of antijuridical or, in which, to some extent, they preserve it, if there is an adequate alternative solution, through the the sanctioning capacity of administrative authorities.

In reference to the specific modifications that are introduced, it is understandable that in the most part they affect the Book III. The current Title I of the same, so far composed of two Chapters (of the faults of printing and against the public order), is reduced to the faults against the public order, because the so-called faults of the printing press describe conducts that, of being really relevant, they can be subsumed in types of crime from existing time, but if they lack that relevance they do not deserve any punitive reaction. The remaining faults against public order are a major reduction.

Title II, initialled "From the faults against the general interests and the regime of the populations", and composed so far of twenty-eight infractions, is only made up of six faults. It was this a title of heterogeneous content, where they lived the celebration of shows without a license and the bathing indecently, for example. The infringements that are decriminalized are, therefore, of very different nature. Some, as is the case taken as an example of the celebration of shows without the necessary permits, has sufficient treatment in the sanctioning activity of the Administrations; others, like the case of the offensive bathroom of the rules of decency, they are exponents of the confusion between morality and right embodied in valuative elements incompatible with legal certainty; and, in general, the set of behaviors that are decriminalized have no other character than the technically known as Police offences. The possibility that such conduct, or other of the same entity, will be sanctioned by means of an order or Bandos is perfectly adjustable to the constitutional guarantees, in terms of personal rights, and to the powers of the administrative authorities, from central government to local authorities.

The traditional lack of refusal to receive in payment of legitimate currency, the lack of communication to the authority by an optional of signs of poisoning or other crime in person or in person or The body that will examine, the desecration of corpses, and the dangerous release of ferocious animals, conduct all that is estimated to continue in the criminal field because of the degree of condition that, even potentially, represent for certain goods legal.

The changes introduced in Title III of the Book III cannot simply be assessed as reductions or decriminalisation-even if almost half of the current infringements disappear-as their scope is very much greater, to the point that it has forced the present Law to address the modification of certain precepts of Book II with which these faults have to keep concordance. This is the case with injuries: up to now, the infringements against physical integrity in our positive law have been tabulated and penalized, essentially, with the criteria for the result of impairment and duration of time. In need of medical care, a technique that makes it difficult to apply and integrate the dolo whose concurrency is imposed by article 1 of our Code, in addition to offering all the disadvantages of the criminal cases based on data arithmetic. All this has shown that it is appropriate to take advantage of the obligation to amend the failure to carry out a complete restructuring of criminal offences in respect of physical integrity. Although we will then draw attention to this amendment of the Book II, we note that the new Article 582 remains as a residual type not conditioned by the duration of the effects of the injury, in addition to collecting in its scope, by its clear Morphological affinity, the ill-treatment so far punishable in Articles 583 and 585.1º.

Many are the faults currently dedicated to the protection of minors and to the protection of minors. Its clearly excessive number is significantly reduced, without undermining any of the penal protection that is considered essential, which is why the punishment of the dropouts, minor omissions of relief or assistance, profit making is maintained. -with the exception of the use for begging, which goes on to the condition of crime-and non-compliance with the duties of custody.

In another order of conduct, it is worth noting that the lack of threats and coactions or unfair vexations are maintained, since it is important that criminal figures, threats and coactions, with a certain character value, understandable in attention to the different personal and circumstantial elements that contribute to making it difficult a legal concreteness of the exact gravity, because it is impossible to construct semajente idea with priority criteria, it seems prudent keep open a range of possibilities that can give the right answer to so many imaginable situations. Similar reasons, although in relation to legal goods of other nature they explain the subsistence of the faults of minor injuries and denial of aid.

singular importance offers the modification of the current article 586.3º, which disappears as such, being replaced by the 586 bis. As we know, our legal system regulates the guilt or recklessness, which is declared a subjective form of criminal behavior in Article 1 of the Code, through Articles 565, 586.3. º (so far) and 600, which generate, in turn, the concepts of Reckless recklessness, simple recklessness with infringement of regulations and the same kind of simple recklessness without such a regulatory infringement. This very special system to disappear in its day when a new and complete Penal Code can establish the system of singularized incrimination of the culpous forms of certain crimes, presents different defects in both the Article 565 (crimes) as regards the current articles 586.3º and 600 (faults), which have motivated the modifications that this Law wants to introduce. The new Article 586 bis part of the consideration that the so-called "infringement of regulations", because it is practically all culpable, could not be used as a differentiating criterion between crime and lack, as it now happens; before On the contrary, even for the absence of such a statutory infringement, it is still possible to admit the possibility of a minimum rate of absence in which this element does not exist or in which the result is not the same as a crime.

Holding the special sanction for the assumption that these imprudences are committed with motor vehicle must be emphasized, even though it is not the only case in which this decision is made in the Law that is presented, the alteration essential to the pursuit of these offences, abandoning the prosecution and demanding at least the prior denunciation of the offence. This is not intended to limit access to the Courts of Justice, but to avoid a performance of these unnecessary ones for not being required, not giving sufficient general interest to advise the system until now in force.

Great is also the reduction that occurs in Title IV, dedicated to faults against property, which happen to be nine instead of the twenty-four so far existing. Many of those that disappear only made sense in an eminently agricultural and economically backward society, because only in this way can we explain, for example, the criminal character of the theft of brozas and ramages or the passage through vineyards, or the measurement of the fine according to the species of livestock, as provided for in the current Article 592. All of it disappears. The new lack of theft of use, whose absence is required to refer to the sphere of the crime all the modalities of temporary use, as well as the incorporation of the lack of defraud of electric fluid. Maintaining the lack of entry into an alien is conditioned on private persecution.

Articles 597 and 600 deal with the problem of damage, which alone is currently made up of the most clear exponent of infringement of the principle of minimum intervention, enabling the use of criminal law to to solve a very high number of issues of low economic value. The articles referred to above must in turn agree with those relating to damage offences, together with a single criminal figure. Our current legal system offers, in sum, a punitive spectrum of damages from the fault of the fault of the things provided for in Article 600 up to the dolous modalities provided for in Chapter IX of Title XIII of Book II. The extent of the seriousness of the attacks punishable in this area shows that the intervention of criminal law is practically beginning at the same time as the non-contractual fault, the complaint of which can be found in Article 1.902 of the Treaty. Civil Code, which in fact contemplates, among others, the same situations that are submissibles in the Penal Code as guilty faults of damages within the meaning of Article 600 of it. Such overlap shows the excess presence in this matter of the punitive apparatus, agreeing to add that by this route they enter in the necessary knowledge of the criminal courts a high number of matters lacking of political-criminal reasons to advise their submission to criminal jurisdiction, for the already pointed limitations imposed by the principle of minimum intervention.

Therefore, it is not strange that both the doctrine and the criterion of the professional groups of Judges and Magistrates, as well as the same proposal of the Anteproject of the new Penal Code of 1983, have been shown supporters of reduce criminal intervention or, which is the same, decriminalize some behaviors. The criteria followed to fulfill that purpose are to exclude the milder forms of culpous attacks against the property as damages, preserving, of course, the criminal intervention for when personal injury occurs, and demand the particular impetus for the pursuit of these facts, since the persecution of its own office which hitherto dominated them in the proceedings contributed to an unnecessary accumulation of criminal causes. Of course, the punitive system must preserve a certain plot of fact under criminal law: those facts, of course, are those that appear, for objective and subjective reasons, as the most serious destructive attacks of property, repudiating as such the damages, remitted to the condition of crime or lack according to the amount of the same, and the damage caused by reckless or simple recklessness by amount exceeding the amount of the compulsory insurance, conditioning These latter modes of private prosecution.

The limited decriminalization of recklessness with a result of damages advises the addition of certain precepts to speed up any claims that may be filed in the civil order for damages caused by the movement of motor vehicles.

The amendments introduced in Book III conclude with the replacement of the content of Article 602 on the other hand, which is intended to regulate the replacement capacity in order to pursue the faults whose punishment is subject to the upon denunciation of the offense, recognizing that in its absence, or when it is an invalid person, the corresponding action may be exercised by his or her heirs or by the legal representative, as well as by the prosecution of the Prosecutor's Office.

The reforms that with this Law are incorporated into the Penal Code are not limited to Book III, but they reach other provisions, many of which must be modified as a result of the changes that have been made. This is the case, in particular, of the crime of injury: the modification of the correlative fault would be inconsistent while maintaining the fundamental part of this criminal figure; for this reason it is decided to put an end to the aging and defective technical system of This is the case for a number of cases, which is a result of any political and criminal assessment. This is why it is substituted for those types by others in which the determining factor is not so much the injury healing time as the modes and forms of its causation, preserving, as is logical, the greatest severity of castration, mutilation and sterilisation.

Because of its frontal incompatibility with legal certainty and the very principle of guilt, the so-called homicide in the tumult of a single type of crime (article 424) is suppressed, and the participation in the fight as an infringement of mere activity.

The need for a reform of the so-called "crimes against honesty" of the Penal Code is a requirement that every day is profiled with greater sharpness and is claimed from wide layers of society.

A first change is imposed: Respect the idea that the rubrics should tend to express the legal good protected in the different precepts, which means to replace the expression "honesty" with "sexual freedom", since This is the real legal good attacked.

The modification introduced in the First Chapter of Title IX of Book II, involves including in the offence of rape, in addition to the vaginal intercourse the rectal and oral; also with the new wording the taxable persons can be men as women. In this way, the criminal type is intended to respond to the reality of the current criminal dynamics.

Furthermore, the proposed amendment would not fully achieve its purpose if, in coherence with all of the above, Chapter VIII of Title VII is not also amended.

Responding to the efficient protection of the physically weaker members of the family group in the face of systematically aggressive conduct by other members of the family, the abuse of the family members is a crime. minors or incapable, as well as those exercised over the spouse when, despite not integrating individually considered more than a succession of faults, they occur in a normal way.

On the other hand, for the protection of the economically weaker members of the family unit in the face of the non-compliance with the care duties for the obliged to lend them, a new modality of family abandonment, consisting of the non-payment of economic benefits established by convention or judicial decision, in cases of matrimonial proceedings, thus attempting to grant maximum protection to those in the marriage crisis consequences of the insolidarity of the obligation to benefits of that class.

Finally, a new modality of family abandonment is the subject of special sanction, which encompasses the behaviors consistent with the use of less than sixteen years in the practice of begging, of such regrettable actuality.

Recent experiences have highlighted the political-criminal need to increase criminal sanctions for reckless driving assumptions, some of which, among those that have caused special social alarm the so-called homicidal drivers, it reaches an intermediate position between the crime of risk and the attempt of homicide, valuation that explains its particular typification and the penalty that is established. In addition, the preventive function and the corrective capacity of severely anti-social behaviour which occur in the course of the movement of motor vehicles are reinforced. Similar reasons, although in another area of problems, have advised the introduction of a special type of risk offence.

This set of amendments to the Code II of the Code clearly proves that the scope of the reform is not limited to the decriminalisation of behaviour, but also involves a new formulation of interests worthy of protection and a strengthening of the protection of other existing ones.

Alterations in the number of provisions force small modifications to certain items.

Finally, there is a general review of the amounts of the fines.

Article first.

Titles I to IV of Book III of the Penal Code are left with the following content:

TITLE FIRST

From faults against public order

Article 566.

Left without content.

Article 567.

Left without content.

Article 568.

They will be punished with the penalties of one to five days of minor arrest and fine of 5,000 to 50,000 pesetas who, within the population or in public place or frequented, shoot guns, compressed air or gas.

Article 569.

Those who will slightly peruse the order in the hearing of a Court or Court, in public acts, in shows, solemnities or numerous meetings, will be punished with the penalties of one to fifteen days of minor arrest and fine from 5,000 to 50,000 pesetas.

Item 570.

They will be punished with a fine of 5,000 to 25,000 pesetas:

1. No. Those who fail to respect and regard due to authority, or disobey them slightly, ceasing to comply with the particular orders I will dictate to them.

2. º. Those who offend the agents of the authority in a mild way, when they perform their functions, and those who, in the same case, disobey them.

Article 571.

They will be punished with a fine of 5,000 to 25,000 pesetas who will hide their true name, neighborhood, state or address to the public authority or official who will ask him in the exercise of their duties.

Article 572.

You will be punished with a fine of 10,000 to 100,000 pesetas entitled or entitled to exercise your profession without being enrolled in the respective college, corporation or official association, provided that you are required to regulate this requirement.

TITLE II

Of the faults against the general interests and the regime of the populations

Article 573.

They will be punished with the penalty of one to ten days of minor arrest or fine of 5,000 to 50,000 pesetas:

1. º Those who refuse to receive in payment legitimate currency.

2. º. Those who have received counterfeit currency, banknotes or titles in good faith may issue them in a quantity not exceeding 30,000 pesetas, after they have been found to be untruthful.

Article 574.

Left without content.

Article 576.

The doctors who, appreciating signs of poisoning or other crime in a person to whom they are attending or in a dead body, do not immediately give up to the authority, will be punished with the penalties of five to fifteen days of A lower and fine of 5,000 to 50,000 pesetas, provided that the circumstances do not incur greater responsibility.

Item 577.

Those who will desecrate the corpses, cemeteries or burial sites with facts or acts of a mild character, will be punished with a fine of 5,000 to 25,000 pesetas.

Article 578.

Left without content.

Article 579.

Those that stoned or mancharen statues or paintings or cause any damage to the streets, parks, gardens or walks, in the lighting or in objects of ornate or public utility or recreation, even if they belong to private individuals, will be punished with lesser sentences and fines of 5,000 to 50,000 pesetas.

Item 580.

The owners or custodians of ferocious or harmful animals that will let them loose or in disposition to cause evil, will be punished with fines of 5,000 to 25,000 pesetas.

Article 581.

Left without content.

TITLE III

From faults against people

Article 582.

He who by any means or procedure will cause another injury that will not require medical or surgical treatment or will only require the first medical assistance, will be punished with the lesser sentence of arrest, except that treat any of the injuries to article 421.

The one who will beat or mistreat another without injury, will be punished with one to fifteen days of minor arrest or fine of 25,000 to 100,000 pesetas. When the offends are the ascendants, the spouse or person to whom it is permanently linked by analogous relationship of affectivity, or the minor children, the penalty will be the lesser arrest in all its extension.

Article 583.

Left without content.

Article 584.

They will be punished with the lesser arrest penalty or with the fine of 25,000 to 75,000 pesetas, at the discretion of the Tribunal:

1. The parents who will cease to fulfill the duties of guardian or assistance inherent in the parental authority for reasons other than the malicious abandonment of the family home or their disorderly conduct.

2. º The guardians or managers of a child under eighteen years of age who will cease to perform the duties of guardianship or keep for the reasons expressed in the previous number.

3. The managers of a person who will cease to perform their duties of guardianship or guardianship or those who will leave to attend to the elderly who are dependent on their care.

4. No. Those who, without having had any involvement in property violations committed by children under the age of sixteen, are in any form with the products of the same.

5. º Those who, finding abandoned to a child of less than seven years, do not present to the authority or to their family, or do not lend them, in their case, the help that circumstances require.

6. º The parents, guardians or guarantors of the guardian or guarantors in the exercise of the guardian and education of a child who, without incurring the offence of disobedience, shall break the decision taken by the Judge in the exercise of his or her protective powers, taking over the child, removing him from the guardian established in the judicial decision, and the parents, guardians or guarantors who, likewise, without reaching the offence of disobedience, fail to comply with a judicial decision in the exercise of their training faculty, removing the minor from the establishment, family or institution of the who would have been entrusted with his observation or treatment.

Third persons who perform acts of taking or unduly receiving or cooperating with the child shall also be subject to such penalty.

7. The representatives of associations or tutelary institutions or directors of establishments or other persons who, in breach of the resolutions referred to in the preceding number, unduly surrender their parents or guardians, or third persons, the child who has been entrusted to them, unless the fact constitutes a crime.

The parents or guardians mentioned in the numbers 1. and 2. of this article may be suspended in the exercise of the rights inherent in the parental rights or the guardianship over the child.

Article 585.

They will be punished with the penalty of one to five days of minor arrest or fine of 5,000 to 25,000 pesetas:

1. The ones that, in a mild way, threaten another with weapons or sacchars in quarrel, as it is not in fair defense.

2. The ones that speak and in the heat of anger threaten another with causing a bad thing that constitutes a crime, and with their subsequent acts they will show that they did not persist in the idea that they meant with their threat.

3. The words that threaten another to cause him some evil that does not constitute a crime.

4. The ones that will cause another unfair coercion or abuse of a mild character.

The facts described in this article will only be pursued by complaint of the offended.

Article 586.

They will be punished with a fine of 25,000 to 100,000 pesetas:

1. The one who would lightly insult another word or deed, if I claim the offended, whose forgiveness will extinguish the penalty.

2. º Those who, required by another to avoid a greater evil, will cease to render aid requested, provided that there is no harm to them and if I claim the offended.

Article 586 bis.

Those who, by simple recklessness or negligence, will cause a harm to the people who, if they mediate it, will constitute a crime, will be punished with the lesser arrest penalty and fine of 50,000 to 100,000 pesetas, provided that it concurs infringement of regulations, and where it is not present, with one to fifteen days of minor arrest or fine of 50,000 to 100,000 pesetas.

If the event is committed with a motor vehicle, it may also be subject to the deprivation of the driving licence for one to three months.

The violations punishable in this article will only be pursued upon complaint of the offended.

TITLE IV

From faults against property

Item 587.

They will be punished with lesser arrest:

1. Those who have committed or unlawfully used an alien motor vehicle, if the value of the subtracted or used does not exceed 30,000 pesetas.

2. No. Those who commit fraud, misappropriation, or defrauding of electricity, gas, water, or other element, energy or fluid, in amounts not exceeding 30,000 pesetas.

Article 588.

Left without content.

Article 589.

The person who will execute the acts referred to in Article 518 shall be punished with a fine of 5,000 to 50,000 pesetas, if the utility does not exceed 30,000 pesetas or is not estimable, provided that I measure the injury of the injured person.

Article 590.

I will be punished with a fine of 5,000 to 25,000 pesetas, provided I will mediate the injury of the injured person.

Article 591.

Left without content.

Article 592.

Left without content.

Article 593.

Left without content.

Article 594.

The person in charge of the custody of cattle who will enter into an alien age without causing harm, not having the right or permission to do so, will be punished with the fine of 5,000 to 25,000 pesetas, provided that I mediate the injured person's complaint.

Article 595.

They will be punished with the lesser arrest penalty or fine of 25,000 to 100,000 pesetas who will execute fire of the thing referred to in Article 552, when the damage caused does not exceed 30,000 pesetas.

Article 596.

Those who violate the regulations or sides of good government on the burning of stubble or other forest products will be punished with a fine of 5,000 to 50,000 pesetas.

Article 597.

They will be punished with the penalty of two to ten days of minor arrest or fine of 50,000 to 100,000 pesetas who willfully cause damages the amount of which does not exceed 30,000 pesetas.

Article 598.

Left without content.

Article 599.

Left without content.

Article 600.

They will be punished with a fine of 25,000 to 100,000 pesetas who, by simple recklessness, with infraction of the regulations, cause damages in matters whose amount exceeds the amount of the Mandatory Insurance.

If the event has been committed with a motor vehicle, it may also be subject to the deprivation of the driving licence for up to three months.

The infringements provided for in this Article shall only be pursued through the complaint of the injured party.

Article 2.

In Title V of Book III of the Criminal Code, Article 602 is worded as follows:

" In the absence of any offence following the complaint of the offended or injured person, in the absence of such offence they may also request the opening of the procedure by their heirs or their legal representative.

The Prosecutor's Office may report in the cases it deems appropriate, in defense of the person who is wronged if it is at any rate invalid.

The absence of denunciation will not prevent the practice of prosecution for prevention. "

Third item.

Article 243 of the Penal Code is without content.

Article 4.

One. The first section of Chapter II of Title V of Book II of the Criminal Code, with the heading 'traffic safety offences' is worded as follows:

" Article 340 bis a).

You will be punished with the maximum arrest penalties or fine of 100,000 to 1,000,000 pesetas and deprivation, in any case, of the driving licence for three months and one day to five years:

1. The one that drove a motor vehicle under the influence of alcoholic beverages, toxic drugs, narcotic drugs or psychotropic substances.

2. The one that drove a motor vehicle with manifest foolness and put in concrete danger the life or integrity of the people.

Article 340 bis (b).

You will be punished with the maximum arrest penalties or fine of 100,000 to 1,000,000 pesetas that causes a serious risk to the circulation of any of the following forms:

First. Altering traffic safety by placing on the path of unpredictable obstacles, shedding of sliding or flammable substances, mutation or damage of signalling or by any other means.

Second. Do not restore track security when there is an obligation to do so.

Article 340 bis (c).

When the acts sanctioned in the previous two articles will result, in addition to the risk prevented, a result of injury, whatever their gravity, the Courts will appreciate only the most serious infringement. penalty.

In the application of the penalties laid down in the aforementioned articles, the Courts shall proceed according to their prudent arbitration, without being subject to the rules prescribed in Article 61.

Article 340 bis d).

He will be punished with lesser prison sentences, a fine of 150,000 to 3,000,000 pesetas and deprivation of the driving licence for two to ten years, which, with a conscious disregard for the lives of others, will make the conduct described in Article 340 (a) (2) (a)

When the life or integrity of the persons has not been put in concrete danger, the custodial sentence shall be that of the highest degree of arrest in the minimum degree of imprisonment to the minimum degree.

The motor vehicle used shall be considered an instrument of the offence for the purposes of Article 48 of this Code. "

Two. Chapter II of Title V of Book II of the Penal Code is incorporated into a new fourth section with the following heading and content:

"OF OTHER RISK CRIMES"

Article 348 bis (b).

" Those in the manufacture, handling, transport or possession of explosives, flammable or corrosive substances, radioactive, toxic and suffocating, or any other materials, apparatus or devices which may cause havoc, In violation of the established security rules, putting in concrete danger the life, integrity or health of the persons, they will be punished with the penalty of greater arrest and fine of 150,000 to 3,000,000 pesetas.

Incur the same penalties as in the opening of wells or excavations, in the construction of buildings, dams, canalisations or similar works or in the preservation, conditioning or maintenance of the same infringes established security rules whose failure to comply could result in catastrophic results, and in particular endanger the lives, integrity or health of persons. "

Article 5.

Chapter IV of Title VIII of Book II of the Criminal Code is worded as follows:

CHAPTER IV

From Injuries

Article 418.

The purpose of which is to make or use another organ or a principal member, the privare of the hearing or hearing, shall cause the cancellation or a serious limitation of his/her fitness, a serious somatic or mental illness or an incurable mental disability, will be punished with the lesser sentence.

Article 419.

The one that of purpose will cause another the mutilation or futility of an organ or non-principal member, sterility or deformity, will be punished with the penalty of greater imprisonment.

Article 420.

He who, by any means or procedure, will cause another injury that damages his bodily integrity or his physical or mental health, will be punished with the lesser imprisonment, provided that the injuries require for his healing, in addition to a first optional assistance, medical or surgical treatment.

However, the fact described in the preceding paragraph may be punishable by the maximum arrest or fine of 100,000 to 500,000 pesetas, addressed to the nature of the injury and the other circumstances of the injury.

Article 421.

The injuries to the previous article will be punished with lesser prison sentences in their mid-to-maximum degrees:

1. º If in the aggression weapons, instruments, objects, means, methods or forms likely to cause serious damage to the integrity of the injured or revealing of accused brutality in the action have been used.

2. ' If as a result of the injury the offence has been rendered impotent, sterile, deformed or with a somatic or incurable mental illness, or has suffered the loss of a member, organ or sense, or the.

3. º If torture was used.

Article 422.

The person who will be mutilated or who will give his consent to be mutilated, in order to exempt himself from the military service or from a public service of inexcusable compliance and is declared exempt from this service by the effect of the Mutilation, will incur the lesser prison term.

The same penalty shall be imposed on the person who, with the intended purpose and result, shall be liable to himself for any other unutility in the case of a person other than his consent.

Article 423.

If the conduct punishable in the previous article has been by price, the penalty shall be immediately greater than that indicated in that article.

If the inmate of this offence is a spouse or a person to whom he is permanently linked by a similar relationship of affectivity, ascendant, descendant or brother by nature, adopted or affended in the same degrees of the mutilated, the penalty will be the highest arrest.

Article 424.

Those who give up on each other, engaging in confusion and tumultuarily and using means or instruments that are dangers to the life or integrity of the people, will be punished for their participation in the fight with the death penalty. in his maximum degree to a lesser prison in his/her middle grade.

Article 425.

He who habitually, and for any purpose, exercises physical violence on his or her spouse or person to whom he is united by analogous relationship of affectivity, as well as on the children subject to the parental authority, or pupil, minor or Unable to submit to his or her guardianship or in fact, he will be punished with the greatest penalty.

Article 426.

Left without content.

Article 427.

The penalties referred to in Articles 420 and 421, in their respective cases, shall be applicable to those who, for serious infringements of the laws or regulations on safety and hygiene and for work, cause appreciable health or in the physical integrity of the workers.

Article 6.

Article 428 of the Penal Code is worded as follows:

" The penalties mentioned in the previous chapter will be imposed in their respective cases even if I measure the consent of the injured person.

By way of derogation from the foregoing paragraph, the free and expressly issued consent exempts from criminal liability in the cases of organ transplantation performed in accordance with the provisions of the Law, sterilizations and transsexual surgery performed by optional, unless the consent has been obtained viciously, or by price or reward, or the grantor is less or incapable, in which case it will not be valid the one provided by these or their representatives legal. However, the sterilisation of a person unable to suffer from a serious psychological deficiency shall not be punishable where the person has been authorised by the Judge at the request of the legal representative of the incapable person, having heard the opinion of two specialists, the Fiscal Ministry and previous exploration of the incapable.

The consent referred to in the second paragraph of this article shall not exempt from criminal liability in the assumptions of Article 422 of this Code. "

Item seventh.

One. Article 487 of the Criminal Code is worded as follows:

" I will be punished with the highest arrest and fine of 30,000 to 150,000 pesetas that I will cease to fulfill the duties of assistance inherent in the parental authority, the guardianship or the marriage, in the following cases:

1. º If I mischievously leave the family home.

2. º If the abandonment of their legal duties of assistance is caused by their disorderly conduct.

He who will cease to provide the indispensable assistance for the sustenance to his minor descendants and unable to work, or to his ancestors or spouse who are in need, unless, in respect of the latter, they are separated by cause imputable to the referred spouse, will be punished with the maximum arrest penalty in its maximum degree and fine of 30,000 to 300,000 pesetas.

In any case, the Tribunal may agree to the deprivation of the right of parental authority or of protection that the inmate has.

The offense provided for in this article will be pursued upon the complaint of the person who has been wronged or, where appropriate, of the Prosecutor's Office.

The express or alleged forgiveness of the offended, extinguishes the criminal action. Such forgiveness will need, heard by the Prosecutor, to be approved by the competent court. "

Two. A new Article 487 is incorporated into Chapter III of Title XII of Book II of the Criminal Code, with the following content:

" I shall cease to pay for three consecutive months or six consecutive months any kind of economic benefit in favour of your spouse or your children, established in a judicially approved convention or judicial resolution, in the alleged legal separation, divorce or declaration of nullity of the marriage, will be punished with the penalty of greater arrest and fine of 100,000 to 500,000 pesetas. "

Article 8.

One. Chapter III of Title XII of Book II of the Criminal Code is incorporated in a new Article 489 a with the following content:

" Those who will use or lend to under sixteen years for the practice of begging will be punished with the greater penalty of arrest.

If for the purposes of the preceding paragraph you will be trafficked under sixteen years of age, violence or intimidation will be employed, or you will be provided with harmful substances for your health, the higher penalty will be imposed in grade.

The Court, if it deems it appropriate in the circumstances of the child, may deprive the parents, guardians or guarders responsible for these facts from the parental rights or the rights of guardian or guardianship.

In any event, the Fiscal Ministry shall require the competent judicial authority to take appropriate measures for the proper custody and protection of the child. "

Two. The current Article 489 bis of the Criminal Code is renumbered Article 489 b.

Article ninth.

Articles 563 and 563 a, b) of the Criminal Code are worded as follows:

" Article 563.

The damages intentionally caused not included in the above articles, the amount of which exceeds 30,000 pesetas, will be punished with the penalty of a fine of 100,000 to 700,000 pesetas.

Where the damages referred to in the preceding paragraph are caused by reckless recklessness, Article 565 of this Code shall apply only where the amount of such damages exceeds the amount of insurance Mandatory. The offences referred to in this paragraph shall only be liable to the detriment of the injured party and, failing that, his heirs or legal representative. The Prosecutor's Office may, in the cases it considers appropriate, denounce the case in defence of the person who has been wronged, if this is anything but invalid.

Article 563 a, b).

Will be punished with the highest arrest penalty or fine of 100,000 to 1,000,000 pesetas:

1. The one I will deliver, with any purpose, check or checking account heel without the date stated in the document being available to you for sufficient funds available to the free to make it effective.

2. º The one who, having delivered a check or heel with provision, withdrew the funds or part of them, preventing their payment.

3. The taker of the effect that I will deliver to another at any end, knowing your lack of coverage.

By way of derogation from the foregoing numbers, the bookseller of the check or heel which shall make the amount effective within a period of five days from the date of its filing shall be exempt from criminal liability. to the collection.

The provisions of this article are without prejudice to punishing the event as appropriate if it constitutes another more serious crime. "

Article 10.

Article 565 of the Penal Code is worded as follows:

" He who, by reckless recklessness, will execute a fact that, if I measure it, will constitute a crime, he will be punished with the lesser prison sentence.

Where death or injury is caused with the results provided for in Articles 418, 419 or 421.2., as a result of unpericiousness or professional negligence, the penalties set out in this Article shall be imposed to their maximum degree. Such penalties may be increased by one or two degrees, in the judgment of the Court, where the damage caused is extremely serious.

The offences punishable in this article, committed with motor vehicles, will lead to the deprivation of the driving licence for three months and one day to ten years.

The provisions of the first two paragraphs of this article shall not take place where the penalties provided for in this article are equal to or greater than those of the corresponding criminal offence, in which case the Courts shall apply the immediate penalty. less than the latter to the extent that they deem appropriate.

In the application of these penalties the Courts shall proceed to their prudent arbitration, without being subject to the rules prescribed in Article 61. "

Item 11th.

Article 48 of the Penal Code is worded as follows:

" Any penalty that is imposed for a crime or a crime will lead to the loss of the effects that they have caused and the instruments with which they have been executed. The ones and the others will be seized, unless they belong to a third party not responsible for the crime. Those that are seized shall be sold, if they are lawful, their product shall be applied to cover the liabilities of the penalty, and, if they are not, they shall be given the destination that the regulations have, or, failing that, they shall be inused.

Where such effects and instruments are not of illicit trade and their value is not proportionate to the nature and gravity of the criminal offence, the Judge or the Court may not decree or partially decree it. "

Article twelfth.

Article 408 of the Criminal Code is without content.

Item 13th.

Articles 509 and 546 a, b) of the Criminal Code are worded as follows:

" Article 509.

The one who has in his power gains or other instruments specially designed to execute the crime of theft, will be punished with the penalty of greater arrest.

In the same way, they will be the ones that manufacture these instruments. If they are closed they will be subject to the lesser prison sentence.

Article 546 a, b).

The maximum prison sentence and fine of 250,000 to 5,000,000 pesetas will be imposed on the owners, managers or managers of the store, warehouse, industry or public establishment that will carry out the crime provided for in the article. above and at whose service the establishments concerned are to be provided. "

Article 14.

One. Deleted:

1. The penalty of private reproof on the general scale of penalties of Article 27 of the Criminal Code, and

2. The second paragraph of Article 89 of the Penal Code.

Two. The following articles of the Penal Code will be worded as follows:

" Article 69a, second paragraph.

The offences of eminently personal legal goods shall be exempt from the provisions of the preceding paragraph, except for the constitutive of offences against honour and sexual freedom, in which case the nature of the act and the infringement to apply or not to pursue criminal activity.

Article 338 a, first paragraph.

The word "honesty" is replaced with "sexual freedom".

Article 452a, a), 2. º

The expression "rogue desires" is replaced by "sexual desires".

The expression "person greater than twenty-three years" is replaced by "person over eighteen".

Article 452a, b).

The expression "dishonest desires" is replaced by "sexual desires" in section 2. of the article.

The reference to twenty-three years by reference to eighteen years

replaced in paragraphs 1, 2, 2, 3 and 4.

Item 15th.

The articles of the Penal Code listed below are worded as follows:

" Article 57a, b), 2.

The reference to 'injuries to Articles 418, 419 and 420, numbers 1 and 2 of the Penal Code', contained at the end of the second paragraph of that number, is replaced by the 'injuries to Articles 418, 419 and 421 of the Code'. Penalty ''.

Article 139, 2. º

Whenever the offence is accompanied by murder or murder or any of the injuries referred to in Articles 418, 419 and 421.

Article 204a, second paragraph.

If, for the same purpose, you will execute any of the acts punishable in the second paragraph of Article 582, the fact shall be deemed to be a crime and shall be punishable by lesser imprisonment in its minimum degree in the middle and the special disablement. Where the acts performed are some of those provided for in Article 585, the fact shall be deemed to be a crime and shall be punishable by the maximum arrest and suspension.

Article 233, first paragraph.

The person who is against a Minister in the performance of his or her duties or at the time of his/her duties, even if he has ceased to do so, shall be subject to the maximum sentence of imprisonment if, as a result of the fact, he is death or injury of those referred to in Articles 418, 419 or 421, and in the case of major seclusion in other cases.

Article 411, last paragraph.

When as a result of abortion or abortion practices performed on a non-pregnant woman, believing her pregnant, or by employing inadequate means to produce abortion, she will result in the death of the woman or be caused by any of the injuries referred to in Article 421, number 2, shall be subject to the lesser sentence of imprisonment, and if any other serious injury, that of a major prison, is caused.

Item 501, numbers 2. º, 3. º and 4. º

2. The same penalty shall be imposed where the theft is accompanied by a violation or any of the injuries provided for in Article 418.

3. º With the penalty of minor seclusion, where the theft is accompanied by any of the injuries provided for in Articles 419 or 421, 2. º, although in the latter cases the penalty shall not exceed the average degree.

4. With the sentence of imprisonment, when for the purpose or occasion of robbery, culpable homicide is caused, torture is inferred, hostages are taken to facilitate the execution of the crime or the escape of the culprit or when the theft is accompanied by the injuries referred to in Article 420. '

Article sixteenth.

The economic limits and amounts of fines entered in the following articles are thus amended:

" (a) The economic limit of 30 000 pesetas referred to in Article 28 shall be increased to 100 000 pesetas.

(b) The amount of the fines set out in the items referred to in the following numbers shall be read as amended:

1. º The penalty of fines of 30,000 to 300,000 pesetas, set out in article 74, from 100,000 to 1,000,000 pesetas.

2. º The penalty of fine of 30,000 to 60,000 pesetas set out in Articles 184, 191, 240, 309, 311, 322, first paragraph; 326, second paragraph; 364, number 2. º; 367, 478, second paragraph; 480, 482, 489 bis and 517, second paragraph, by from 100,000 to 200,000 pesetas.

3. The penalty of fines of 30,000 to 150,000 pesetas, set out in Articles 188, 189, 191, number 2; 192, 196, 197, 208, 210, 232, last paragraph; 235 bis, 237, 240, 246 bis, 247, 275, 277, 278, 279 bis, first paragraph; 281, 282, 292, 300, 301, 312, 320, 322, second paragraph; 323, 324, 325, 327, second paragraph; 338, 339, 340, 341, 342, 343, 343 bis, 348 a), 360, 361, 364, number 1.; 365, 366, 368, 369, 371, 372, 373, 374, 376, 377, 380, 382, 390, 404, 422, 431, 452a); 452 bis (b); 459, second paragraph; 478, first paragraph; 487 first paragraph; 488, 490, 493, 497 bis, first subparagraph; 497, second paragraph; 498 and 546 bis (c), for the 100,000 to 500,000 pesetas.

4. º The penalty of fine of 30,000 to 300,000 pesetas as set out in the first paragraph of Article 165; 165 bis, 165 bis (a), first paragraph; 166, 167, second paragraph; 168, 169, 172, 175, 177 bis, 188, 190, 195, first paragraph; 201, 202, 204, 232, first paragraph; 244, 249 bis, 266, 295, 296, 302, 303, 310, 321, 326, first paragraph; 327, first paragraph; 329, 332, 338 bis, 345, 351, 379, 415, second and third paragraphs; 431, first and second paragraphs; 432, 436, 454, 459, first paragraph; 468, 470, 486, 487, second paragraph; 489, 492 bis, 496, 499, 516a, 537, 560 and 561, per 100,000 to 1,000,000 pesetas.

5. º The penalty of fine of 30,000 to 600,000 pesetas set out in Articles 238, number 3. º; 279 bis, second paragraph; 416, 452 bis d); 460, 497 bis, second indent; 497, first paragraph; 499 bis, 534, 534 bis a), 545 and 546 bis a), First paragraph, from 100,000 to 2,000,000 pesetas.

6. º The penalty of fines of 30,000 to 1,500,000 pesetas set out in Articles 132, 198, 223, 291, 346, third paragraph; 540, 542 and 544, for the 100,000 to 5,000,000 pesetas.

7. º The penalty of fines of 30,000 to 3,000,000 pesetas set out in articles 148 bis and 200, per the one from 100,000 to 10,000,000 pesetas.

8. º The penalty of fines of 30,000 to 6,000,000 pesetas set out in article 344 ter, first paragraph, from 100,000 to 20,000,000 pesetas.

9. º The penalty of a fine of 50,000 to 1,000,000 pesetas set out in the first paragraph of Article 347 a, from 175,000 to 5,000,000 pesetas.

10. º The penalty of fine of 50,000 to 1,500,000 pesetas set out in article 534 bis (b) 1, from 175,000 to 5,000,000 pesetas.

11. º The penalty of fine of 50,000 to 3,000,000 pesetas set out in article 534 bis b) 2, from 175,000 to 10,000,000 pesetas.

12. º The penalty of fine from 75,000 to 150,000 pesetas set out in Article 242, from 250,000 to 500,000 pesetas.

13. º The penalty of fine from 75,000 to 750,000 pesetas set out in article 174, from 250,000 to 2,500,000 pesetas.

14. º The penalty of fine from 75,000 to 1,500,000 pesetas set out in article 415, first paragraph, from 250,000 to 5,000,000 pesetas.

15. º The penalty of fine of 75,000 to 3,000,000 pesetas set out in article 238, number 2. º, by the of 250,000 to 10,000,000 pesetas.

16. º The penalty of fine of 150,000 to 750,000 pesetas set out in Articles 1717a (a) and 1717a (b), for that of 500,000 to 2,500,000 pesetas.

17. º The penalty of fine of 150,000 to 6,000,000 pesetas set out in article 238, number 1. º, by the 500,000 to 20,000,000 pesetas.

18. º The penalty of fine from 500,000 to 1,000,000 pesetas set out in Article 350a, from 1,500,000 to 3,000,000 pesetas.

19. The penalty penalties provided for in Articles 180, 297, 331, 337, 375, 385, 386, 387, 392, 395, first paragraph; 397, 398, last paragraph; 401, 402, 517, first paragraph; 518, 536, 539, 546 and 562 shall be as the minimum limit for 100,000 pesetas.

Article seventeenth.

The headings of Title IX of Book II of the Criminal Code and of the First Chapter of the Title, respectively, will be: "From crimes against sexual freedom" and "from rape and sexual assault".

Article eighteenth.

The articles of the Penal Code listed below are worded as follows:

" Article 429.

The violation will be punishable by the lesser imprisonment.

It is a violation that has carnal access with another person, either vaginal, anal or oral, in any of the following cases:

1. When force or intimidation will be used.

2. When the person is deprived of meaning or when the person is abused.

3. Where it is less than 12 years of age, even if none of the circumstances expressed in the previous two numbers are present.

Article 430.

Any other sexual assault not contemplated in the previous article, carried out with the concurrence of any of the circumstances in the same expressed, will be punished with the lesser prison sentence. The penalty will be the maximum imprisonment if the aggression consists in the introduction of objects or when the use of brutal, degrading or vexatious means, modes or instruments is used.

Article 436.

It will impose the penalty of a fine of 30,000 to 300,000 pesetas to which it committed any sexual assault, concurring the same circumstances as those established in the last two precedents.

Item 443.

To proceed with the crimes of rape, sexual assaults, estupro and rapto, it will be sufficient to denounce the person aggrieved or of the ascendant, legal representative or keeper of fact, in this order, or of the Fiscal Ministry when treat minors or unable.

In these crimes the pardon of the offended or the legal representative or the keeper does not extinguish the criminal action or the responsibility of that class.

Article 446.

Those included in the preceding article and any other prisoners of corruption of minors in the interest of the third party will also be condemned to the interdiction of the right of protection. Where the Gubernativa Authority is aware of the existence of a minor who is in a state of prostitution or corruption, whether or not it is by his or her will, but with the consent of the persons who exercise family authority or (a) social or ethical, or in fact, that they have in abandonment and do not take care of their custody, will immediately inform the Public Entity that in the respective territory they have the protection of minors and the Ministry Fiscal, to act in accordance with their respective responsibilities. "

19th Item

Chapter 8 of Title VII of Book II of the Penal Code is worded as follows:

" CHAPTER VIII

From limitations to sexual freedom

Item 383.

It shall be punishable by special disqualification for a public official who will apply sexually to a person who for himself or for his spouse or person is permanently linked by a similar relationship of affectivity, ascendant, descendant, brother, or end in the same degrees, has pretensions to the resolution of that, or about which it should evacuate report or raise consultation to its superior.

Article 384.

The prison officer who will sexually request a person subject to his or her guardian will be punished with the lesser prison sentence.

In the same penalty it will incur when the requested person is ascending, descending, brother or afin in the same grades, as a person who has under his guard. It shall also be subject to this penalty where the person requested is a spouse of a person who has, or is linked to, his or her guardian on a permanent basis with a similar relationship of affectivity.

In any case, it will also incur the penalty of special disablement. "

ADDITIONAL PROVISIONS

First.

1. Civil proceedings, irrespective of the amount, relating to the compensation for damages caused by the movement of motor vehicles, shall be decided on a verbal basis.

2. In any event, the Court of First Instance shall have jurisdiction to hear the judgment of the place where the damage was caused, who shall examine its own territorial jurisdiction of its own motion.

3. The Judge may, on his own initiative or at the request of a party, request from the relevant authorities the persons who have been instructed and the reports he deems appropriate.

4. In order to bring an appeal against the decision terminating the proceedings referred to in this provision, the person sentenced for payment of the compensation must prove that he has lodged a deposit with the the effect of the amount of the sentence which has been imposed on it with the interest and surcharges payable.

Second.

1. In the proceedings referred to in the foregoing provision, where the appealed party requests the provisional execution of the judgment under the provisions of Article 385 of the Civil Procedure Act, the Judge shall accede to it even if it is not offer the lodging of a security, although in this case the execution will be limited to the part of the sentence of which the insurer must respond. However, the amount of the sentence shall not be handed over to the appeal until the appeal has been settled, while it does not provide the bank or bank guarantee referred to in Article 385 of the Civil Procedure Act, remaining in deposit in the establishment intended for this purpose.

2. The injured party may obtain the execution of the judgment of first instance where the appeal is filed by the same person.

Third.

The compensation to be paid by insurers as a result of liability insurance arising from the movement of motor vehicles shall bear an annual interest of 20 per 100 in favour of the injured party. from the date of the claim, if not satisfied or judicially entered within the three calendar months following that date.

The provisions of the preceding paragraph shall not apply to the Insurance Compensation Consortium when it responds as a guarantee fund.

Fourth.

When a criminal procedure is initiated against the injured party's complaint or complaint, the criminal procedure for constituting offences provided for in Articles 563, second paragraph, 586 bis and 600 of the Penal Code may be appear in the criminal proceedings to be initiated and to show part of all other persons involved in the same events which are considered to be harmed, even if the amount of damages claimed does not exceed the amount of the compulsory insurance.

Fifth.

The offences foreseen until the entry into force of this Law in articles 576, 2. º and 3. º; 577, 3. º, 4th, 7th and 8th, and 584, 7. º, of the Penal Code will continue in force with the character of administrative and administrative violations. the pecuniary sanction mentioned in the aforementioned Code, authorizing the Government for Royal Decree to update those sanctions, in accordance with the current economic and social circumstances and to harmonize them with those provided for in the legislation health and consumption.

The same forecast shall apply with respect to the provisions of this Law in accordance with Articles 572, 1 and 578 of the Criminal Code.

The faults that until the entry into force of this Law were included in Articles 568 and 570, 1. º, 2. º, 3. º and 4. º, of the Penal Code may be sanctioned with the fines until then provided for in the said Code according to the the procedure laid down in Articles 133 to 137 of the Law of 17 July 1958.

Sixth.

Until January 1, 1993, the members of the Judicial Race will not be required to apply the requirement referred to in Article 311.2 of the Organic Law 6/1985, of July 1, of the Judicial Branch, to have provided three years of service. effective as Judges to access the category of Magistrate in the first two cases in paragraph 1 of that provision.

TRANSIENT PROVISIONS

First.

As the District Courts subsist, they will be the competent ones to know about the processes referred to in the additional provision first.

Second.

The processing of the processes initiated before the entry into force of this Law by facts resulting from it decriminalized or subject to the regime of prior denunciation will continue until its normal termination, except that the To this end, I would expressly not wish to exercise the civil actions that will be attended to you, in which case the file of the actions will proceed, with the view of the Prosecutor's Office.

If I continue the processing, the Judge will limit the content of the ruling to the pronouncement on civil liability and costs, ordering the execution in accordance with the provisions of the Criminal Procedure Act.

FINAL DISPOSITION

The provisions of the additional first to fifth and transitional provisions are of an Ordinary Law.

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

Palacio de la Zarzuela, Madrid, 21 June 1989.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MAROUEZ