FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Cortes have approved and I come to sanction the following organic law:

PREAMBLE

I

The Penal Code adopted by the Organic Law 10/1995, of 23 November, is the subject of a complete review and update, in the awareness that the passage of time and the new social demands show the the need to make certain changes to our criminal law. In general, the penalties regime and its implementation are reviewed, technical improvements are made to provide a more agile and coherent criminal system, and new criminal figures are introduced or existing criminal types are adapted, in order to provide a more appropriate response to the new forms of crime; in the same way, those other offences which, because of their low seriousness, do not merit criminal criticism. Much of the reform is also aimed at fulfilling the international commitments made by Spain.

The need to strengthen trust in the administration of justice makes it necessary to make available a legal system that guarantees predictable judicial decisions that, moreover, are perceived in society as fair. To this end, following the model of other countries in our European environment, the permanent prison can be reviewable for those crimes of extreme gravity, in which the citizens demanded a proportional penalty to the fact committed. In this same sense, the crimes of homicide, murder and illegal detention or kidnapping with disappearance are reviewed, and the criminal frameworks within which the courts will be able to set the penalty more closely in the circumstances are reviewed. of the specific case.

Together with this, two reforms are being faced that are aimed at increasing the effectiveness of criminal justice: on the one hand, the regulation of the suspension and the substitution of the custodial sentences are modified, and the introduces a new system, characterised by the existence of a single suspension regime which offers various alternatives, which introduces greater flexibility and efficiency.

On the other hand, the faults that were historically regulated in Book III of the Penal Code are suppressed, although some of them are incorporated into the Code II of the Code of Law as minor offenses. The reduction in the number of faults-minor offences in the new regulation introduced-is guided by the principle of minimum intervention, and should facilitate a significant reduction in the number of minor cases which, to a large extent, may finding a response through the system of administrative and civil penalties.

A technical review of the regulation of the confiscation and some aspects of the special part of the Penal Code, in particular, crimes against property, of the catalogue of aggravants of the scam, administration, is undertaken unfair, crimes against intellectual and industrial property, punishable insolvencies, private corruption, embezzlement, corruption of foreign public agents, crimes of attack and disobedience, disturbances of public order, fires, arrest illegal, and intrusive. And new crimes of forced marriage, harassment or stalking, unauthorized disclosure of images or intimate recordings obtained with the consent of the affected person, and manipulation of the functioning of the control devices are typified. used to monitor compliance with penalties and precautionary or safety measures.

The punishment of the so-called crimes of corruption in the field of public administration is reinforced. As a general rule, the penalties for such offences are raised, and the imposition of special disablement penalties is added for the exercise of the right to stand as a candidate. In addition, new criminal figures related to the illegal financing of political parties are introduced.

Finally, much of the modifications made are justified by the need to meet international commitments. The reform deals with the transposition of Framework Decision 2008 /913/JHA on the fight against certain forms and manifestations of racism and xenophobia by means of criminal law; Directive 2009 /52/EC laying down rules minimum on the penalties and measures applicable to employers of illegally staying third-country nationals; Directive 2011 /93/EU on the fight against sexual abuse and the sexual exploitation of minors and pornography Directive 2011 /36/EU on the prevention and control of trafficking in human beings human and victim protection; Directive 2013 /40/EU on attacks on information systems and the interception of electronic data when it is not a personal communication; and Directive 2014 /42/EU of 3 April, on the embargo and confiscation of the instruments and proceeds of crime in the European Union. The current regulation of the crime of illegal immigration is also amended, clearly separating this criminal figure from the crime of trafficking in human beings and adjusting rates and penalties to the requirements of Directive 2002/90/EC and the Decision Framework 2002 /946/JHA. It also introduces the possibility of including profiles of convicts in the DNA database, in order to comply with the requirements of the Council of Europe Convention for the Protection of Children from Sexual Exploitation and Abuse, Lanzarote on 25 October 2007. And the conduct described in the Council of Europe Convention of 28 April 2014 on counterfeiting of medical products and other similar offences posing a threat to public health are incorporated in our criminal legislation.

II

The reform introduces a new permanent prison term for review, which can be imposed only in exceptional cases of exceptional gravity-particularly serious murders, the killing of the Head of State or his heir, Foreign State and in the most serious cases of genocide or crimes against humanity-in which an extraordinary response is justified by the imposition of a prison term of indefinite duration (permanent prison), although subject to a review regime: after full compliance with a relevant part of the (a) the term of office of a person who is a member of the national court or a person who is a member of the European Union, or who is a member of the European Union, or who is a member of the European Parliament; Criminal facts.

The permanent reviewable prison, whose regulation is announced, in no way renounces the reinsertion of the penalty: once a minimum part of the sentence has been fulfilled, a collegiate court must again assess the circumstances of the sentence. criminal offence and the offence committed and may review your personal situation. The provision of this periodic judicial review of the personal situation of the penalty, which is ideal in order to be able to verify in each case the necessary favorable prognosis of social reinsertion, takes away all doubt of inhumanity from this penalty, in guaranteeing a horizon of freedom for the convicted person.

In the permanent reviewable prison, served that first minimum part of the sentence, if the court considers that the necessary requirements are not met so that the penalty can recover the freedom, a period will be set for carrying out a further review of their situation; and if, on the contrary, the court finds that it fulfils the necessary conditions to be released, a period of probation will be set in which conditions and control measures will be imposed. both to ensure the security of society and to assist the pension in this final phase of its social reinsertion.

The permanent prison sentence for a permanent prison sentence does not constitute a sort of "definitive penalty" in which the State disunderstands the penalty. On the contrary, it is an institution that makes the existence of a penal response adjusted to the seriousness of guilt, with the aim of reeducation to which the execution of prison sentences should be oriented.

This is, in fact, an extended model in European comparative law that the European Court of Human Rights has considered to be in line with the European Convention on Human Rights, as it has stated that when national law provides for the possibility of review of the sentence of indefinite duration with a view to its commutation, remission, termination or probation of the penalty, this is sufficient to satisfy Article 3 of the Convention (cfr. SSTEDH 12-2-2008, case Kafkaris vs. Cyprus; 3-11-2009, Meixner v. Germany case; 13-11-2014, Bodein case vs. France; 3-2-2015, Hutchinson v. United Kingdom case).

The State Council has also had the opportunity to decide on the constitutionality of the indefinite-but revisable-duration of the sentences, when reporting on the ratification by Spain of the Statute of the Court of Justice. International Criminal Court, in which the possible imposition of a permanent prison sentence is foreseen.

III

The reform carries out a technical improvement in the regulation of the criminal liability of legal persons, introduced in our legal order by the Organic Law 5/2010, of June 22, in order to delimit properly the content of the "due control", whose violation allows to substantiate its criminal responsibility.

This puts an end to the interpretative doubts raised by the previous regulation, which had been interpreted as a vicarial liability regime in some sectors, and certain recommendations are assumed in this regard. had been carried out by some international organizations. In any event, the scope of the obligations arising from this duty of control is generally conditional on the size of the legal person.

Likewise, the regime of criminal liability extends to state mercantile societies that execute public policies or provide services of general economic interest, to which sanctions can be imposed at present. referred to in points (a) and (g) of Article 33 (7) of the Criminal Code.

IV

The reform also incorporates a review of the regulation of the suspension of the execution of the penalty, which is essential to give it greater flexibility and to facilitate faster processing of this initial phase. of the execution of prison sentences.

The experience had shown that the existence of a criminal record did not justify in all cases the refusal of the suspension, and that it was therefore preferable to introduce a regime that would allow the judges and courts to assess whether the criminal record of the sentenced person has, by his nature and circumstances, relevance to assess his possible danger and, consequently, whether or not he can be granted the benefit of the suspension; and criterion should be applied in the regulation of the revocation of the suspension. The desirability of introducing greater flexibility and judicial discretion in the suspension regime was reinforced by the fact that, now, fully transposed Framework Decision 2008 /675/JHA, full equivalence is established between the a background corresponding to convictions imposed by the Spanish courts, and those imposed by any other courts of Member States of the European Union.

In time, the current situation is brought to an end in which the existence of a triple regulation of suspension (ordinary suspension, suspension for the case of drug-dependent offenders and substitution of the penalty) gives rise, in many occasions, three successive decisions which are the subject of repeated appeals. The various scenarios of suspension and substitution of the penalty are maintained, but as alternatives or possible options offered by the single suspension regime. This ensures that judges and courts will decide whether or not the prison sentence should be executed once, which should lead to greater speed and effectiveness in the execution of the sentences.

For this same purpose, the system of assessment of compliance with civil liability is modified. The current system of prior checking is ineffective and weak, and it makes it difficult for decisions on the suspension of the penalty to be taken at the same time as the judgment is delivered. A reverse system is therefore introduced to the present one: the payment of civil liability (and also, that the confiscation agreed by the judges or courts has been made effective) remains a budget for the suspension of enforcement; but it is the the concealment of goods or the fact that they do not provide information on the available or not to facilitate the agreed confiscation, which determines the revocation of the suspension already agreed.

As possible alternatives, within the single regime of suspension of conviction established, the cases of criminals who commit the crime are maintained because of their serious addiction to drugs or toxic substances; and replacement of the prison term by fine or work for the benefit of the community. But some modifications are introduced that try to make the system more effective and offer judges and courts greater flexibility for the fair resolution of the various situations that may arise.

In the case of suspension, the judges and courts are given the freedom to decide on the checks to be carried out to prove compliance with the legal requirements. In the suspension of the execution of the penalties imposed on drug-dependent offenders, subject to the fact that they do not abandon the treatment of the situation until the end of the day, it is established as a novelty that they will not be considered to be abandoned. during treatment if they do not show their final abandonment.

On the other hand, the traditional penalty substitution regime becomes regulated as a mode of suspension in which the judge or tribunal can agree to the imposition (as a substitute) of a penalty of fine or work in benefit of the community. However, conversion does not occur automatically, but judges or courts are offered the possibility of moderating their amount within certain limits. It is also introduced as a possible condition of suspension of compliance with what has been agreed between the parties following a mediation process, in cases where legally possible. The system is also more agile in the case of non-payment of the replacement fine imposed and, as in the case before, it will be the concealment of goods or the lack of input of information truthful to the penalty that will determine the revocation of the suspension.

The regulation of the substitution of the execution of the prison sentence for the expulsion of the national territory is also modified. Again, the reform combines the search for effectiveness with a scrupulous respect for individual rights: the penalty limit is adjusted from which the expulsion to the regulation contained in the legislation of foreigners can be agreed; the Judges and courts must in any case establish that part of the penalty imposed must be effectively served in prison, where penalties of more than three years have been imposed; and the substitution is, in all cases, conditional on proportionality. of the measure. The replacement of prison sentences by the measure of expulsion from the national territory in the case of offences committed by a European citizen is provided with exceptional character, reserved for those cases in which the author represents a serious threat to public policy or public security, in the light of the criteria laid down in Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and of the European Union to members of their families to move and reside freely within the territory of the Member States, as well as in the Case-law of the Court of Justice of the European Union, which must be taken into account by judges and courts in the interpretation and application of the relevant provision.

Finally, some technical improvements in regulation should be highlighted. Thus, it is necessary to specify the moment of the start of the suspension periods. It is also necessary for judges and courts to decide in judgment on the possible suspension of enforcement where this is possible. Where the decision cannot be taken in judgment, a hearing procedure is organised for the parties. This same procedure is incorporated before resolving the modification of the conditions or its revocation, although in the latter case the possibility of the judge immediately revoking in cases of risk of escape, danger is safeguarded for the victim or criminal reiteration.

V

The new regulation maintains, without modification, the assumptions of conditional release of the previous legislation. However, three modifications of extraordinary relevance are introduced.

First, a new privileged position of access to probation is included, which will be applicable to the primary criminal, that is, those who serve their first term in prison, who have been sentenced to a short sentence of imprisonment. In these cases, the possibility of obtaining parole for compliance with half of the sentence is advanced. This amendment reflects the general sense of the reform in the system of penalties: mechanisms and institutions are introduced which aim to provide a strong response to multi-repeat offenders; and, in a coherent manner, new possibilities of obtaining the freedom to the primary penados who have a favorable prognosis of reinsertion.

Second, probation becomes regulated as a means of suspending the execution of the rest of the sentence. Contrary to what was going on so far, the time on probation will not count as time of conviction, but the granting of probation will determine the suspension of the execution of the rest of the sentence. for a given period of time: if, during that time, the penalty does not reoffend and meets the conditions imposed, the pending penalty for compliance shall be declared extinct; on the contrary, if during that period of probation (or suspension of the execution of the rest of the sentence) commits a new offence or seriously breaches the The conditions imposed, the freedom will be revoked and must serve the entire sentence. For this reason, the regime of probation becomes regulated, in large part, by reference to the regulation of the suspension of the execution of the sentence.

And finally, the regulation of the review regime of the permanent prison review is introduced as an assumption of probation or suspension of the execution of the sentence. If the court grants the freedom, it sets a period of "suspension" of the execution during which the penalty is subject to conditions: the failure of the same or the commission of new crimes determines-during this period of suspension-the revocation of the same and the reentry of the penalty in prison. For the prison review a double regime is established. If a part of the sentence ranging from twenty-five to thirty-five years of conviction is fulfilled, the court must review ex officio whether the prison should be maintained every two years; and it shall also do so whenever the penalty so requests, but after the The rejection of a request may set a maximum period of one year within which no new applications will be made.

VI

The new regulation equates the Spanish criminal record to those corresponding to convictions imposed by courts of other EU Member States, for the purposes of resolving the concurrency of the aggravating (a) the suspension of the execution of the sentence, in accordance with Framework Decision 2008 /675/JHA, or its possible revocation.

In time, this consideration of the criminal records of other Member States in national proceedings, as well as the sending to other Member States of the convictions imposed in Spain, based on the exchange of records criminal law between the Member States of the European Union-prompted by Framework Decision 2008 /315/JHA on the organisation and content of the exchange of information from criminal records between Member States and the Council Decision 2009 /316/JHA of 6 April 2009 establishing the European System In the case of the Court of Justice (ECRIS), the Court of Justice held that the procedure for cancelling the criminal record was to be simplified and that the time limits laid down in Article 136 of the Criminal Code were not in the Central Register of Penados convictions that should be cancelled.

With the reform, article 136 of the Penal Code is amended to facilitate the procedure for the cancellation of criminal records, removing the requirement of the judge's report or court of judgment and the requirement of the proof of payment of the liability or the insolvency of the penalty. At the same time, the deadlines for the cancellation of the most serious crimes, which are up to ten years old, are reviewed.

Finally, a regulation of cancellation is included for the background of legal persons who may be criminally liable and the ancillary consequences imposed.

VII

It is excluded from the calculation of the time limit of the penalties the time of execution of another penalty of the same nature and the time of suspension of the sentence already imposed.

The penalties of the same nature-in particular, the custodial sentences-are fulfilled in a succession in order of gravity (Article 75 of the Penal Code), and it is therefore appropriate to exclude expressly, in the regulation of the limitation period of the penalty pending compliance, the time during which the penalty is serving another penalty of the same nature that must be enforced in the first place.

Similarly, it seems convenient that the usual interpretation according to which the period of time of suspension of the sentence is not computed as the limitation period of the sentence has an express reflection in the law.

Some technical corrections are introduced in Article 130 of the Penal Code in order to properly regulate the regime of extinction of criminal liability in cases of suspension of the execution of the sentence and of regulate the effectiveness of the pardon in cases of minor crimes that can only be prosecuted at the request of the aggrieved party.

VIII

The confiscation regulation is the subject of an ambitious revision that introduces important changes that aim to facilitate legal instruments that are more effective in the recovery of assets from crime. and in the economic management of the same.

The reform takes into account European Directive 2014 /42/EU of 3 April on the embargo and confiscation of the instruments and proceeds of crime in the European Union.

New developments affect, in particular, three issues: forfeiture without a sentence; extended confiscation; and confiscation of third-party assets.

Traditionally the seizure of the proceeds of crime has been linked to the existence of a previous (criminal) conviction for the crime committed. With this starting point, it had been stated that a confiscation without conviction is necessarily contrary to the right to presumption of innocence, since it authorizes the confiscation of effects from a crime that has not been proven and by which tax no conviction. However, such an interpretation is only determined by an analysis of the seizure attached to the traditional regulation of the confiscation, and it is not known that, as the European Court of Human Rights has stated, the confiscation without conviction does not have a In the case of the Court of Law, the Court held that the Court held that the Court held that the Court held that the Court held that the Court held that the Court held that the Court of " since the confiscation is limited to the actual (illicit) enrichment of the benefit by the commission of a This does not show that it is a sanction regime " (Decision 696/2005, Dassa Foundation v. Liechtenstein).

The seizure without a sentence was already regulated in Article 127 (4), although it was appropriate to take advantage of the reform to introduce some technical improvements in its regulation and to introduce the procedural rules. required to make your application possible.

In the face of direct forfeiture and confiscation by substitution, the extended seizure is characterized precisely because the seized goods or effects come from other illicit activities of the condemned subject, other than the facts. for which he is condemned and who have not been fully tested. For that reason, the extended confiscation is not based on the full accreditation of the causal link between the criminal activity and the enrichment, but on the finding by the judge, on the basis of sound and objective evidence, that they have other criminal activities, other than those for which the subject is condemned, from which the assets to be seized are derived. See that the requirement of a full test would determine not the confiscation of the goods or effects, but the conviction for those other criminal activities that they reasonably come from.

The expanded seizure is not a criminal sanction, but it is an institution by means of which the illegal patrimonial situation to which the criminal activity has taken place is put to an end. Its foundation therefore has a rather civil and patrimonial nature, close to that of figures such as unjust enrichment. The fact that the European Union rules expressly refer to the possibility that the courts may decide on the extended confiscation on the basis of indicia, in particular the disproportion between the lawful income of the subject and the Available assets, and even through non-criminal procedures, confirm the previous interpretation.

Expanded confiscation has already been introduced into our Law by the Organic Law 5/2010 for terrorist offences and those committed by criminal groups or organisations, and now extends to other cases where it is common a sustained criminal activity in the time of which they can derive significant economic benefits (money laundering and reception, trafficking in human beings, prostitution, exploitation and abuse of minors, counterfeiting of currency, insolvencies crimes against public finances and social security, corruption in the sector private, computer-related crimes, bribery, misappropriation or property offences in cases of criminal continuity or multi-reoffending). The expanded seizure will allow judges and courts, in the case of convictions for crimes that normally generate a permanent source of income, such as drug trafficking, terrorism or money laundering, to order the seizure of property and effects of the offender from other criminal activities, provided that there are clear objective indications of the unlawful origin of the seized effects. The regulation thus provides for a figure which is already collected by comparative law and which will be widely applied in the field of the European Union as a result of that Directive.

In order to facilitate the application of this figure, it is chosen to include an open catalogue of indicia that-among other possible-must be valued by the judges and courts to resolve the seizure: the (a) the proportion of the assets of the person responsible for any of the offences contained in the catalogue, and their lawful means of life; the intentional concealment of their assets by the use of natural or legal persons; or (a) without legal personality interposed, or by recourse to tax havens; or transfer by means of operations which make it difficult to locate or follow up, and which lack economic justification.

The regulation, moreover, is, as has been stated in the comparative constitutional case law, adjusted to the principles of guilt and presumption of innocence, since it does not seek to reproach the condemned the realization of a fact illegal, which would be the case for a penalty, but to obtain the purpose of authorising the assets and correcting an illegal assets arising from unjust enrichment of criminal origin; and the extended confiscation does not imply or entail a a guilty plea for the criminal activity carried out by the subject, as the It is not a pity, nor is it a pity. The regulation therefore provides that, if the sentenced person is subsequently convicted of similar criminal offences, the judge or tribunal must assess the extent of the previous seizure agreed upon in the confiscation of the new seizure. procedure.

On a number of occasions, the goods and effects from criminal activities are transferred by their authors to third parties. Regulation of the confiscation of goods held by third parties was already provided for in our legislation, although the reform introduces some technical improvements aimed at increasing the effectiveness and legal certainty in the application of this regulation.

In order to increase the effectiveness of the new regulation, it is expressly stated that, in all cases where the confiscation of property or effects from crime is not possible in the all or in part (because it is not possible to locate them, they are outside the scope of the courts, they have been destroyed, their value has been diminished in relation to what they had when they were incorporated into the patrimony of the subject, or by any other circumstances), the judge or tribunal may, by means of the estimation and valuation of the activity (a) to determine an amount up to the amount of which the confiscation of property is authorised. Also, to improve the management of the assets involved, the regulation contained in the Law on Criminal Procedure is reviewed and an Office of Recovery and Asset Management is created to which the necessary actions will be carried out. to manage, in the most economically efficient way, the conservation, performance or use of the goods involved. The reform puts an end to the double confiscation regime (according to public health or other crimes of a different nature) that existed so far.

IX

In order to incorporate the provisions of the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Abuse, made in Lanzarote on 25 October 2007, ratified by Spain on 22 December 2007. July 2010 and the case law of the European Court of Human Rights, the regulation of the inclusion of profiles of condemned in the DNA database must be incorporated.

Organic Law 10/2007, of October 8, regulating the police database on identifiers obtained from the DNA, provides that the identification data extracted from the database will be entered in the police database. the DNA of samples or fluids which, in the context of a criminal investigation, have been found or obtained from the analysis of the biological samples of the suspect, detained or imputed.

Therefore, currently only the genetic profiles of the suspects, arrested or charged for certain crimes, are registered in Spain, and this does not guarantee that the profiles of those who result will be accessed in the database. convicted of crimes of special gravity.

What is proposed is to provide for, in the case of serious crimes against life, physical integrity, liberty or freedom or sexual indemnity, when in addition the existence of a relevant risk is confirmed by the court Criminal repetition, the annotation of the genetic profiles of convicts in the police database. The proposed regulation includes that double requirement (commission of a serious crime against life, physical integrity or sexual freedom, and risk of criminal reiteration), in accordance with the requirements arising from the case-law of the European Court of Justice. Human rights in this field.

Therefore, through the incorporation into Title VI which regulates the ancillary consequences of a new Article 129a, compliance with the provisions of the Lanzarote Convention is fulfilled, and our legislation is approximated to that of the countries in our environment.

X

The reform provides for the imposition of a permanent prison sentence for particularly serious murders, which are now defined in Article 140 of the Criminal Code: the murder of children under sixteen years of age or of persons particularly vulnerable; murders following an offence against sexual freedom; murders committed within a criminal organisation; and repeated or serial killings.

The definition of murder (not aggravated) is reviewed, which happens to include the assumptions in which the death of another is caused to facilitate the commission of another crime or to prevent its discovery. And the criminal framework within which the courts are to set the right penalty is extended, although the imposition of the penalty is maintained in its upper half in the case of several of the circumstances that qualify the murder.

These same circumstances, for consistency, also become circumstances that qualify the crime of homicide. At the same time, the murder of authorities, officials and officials of the authority-when they are victims of this crime in the exercise of their duties or at the time of their duties-has also been foreseen, in particular to strengthen the the protection of the agents of the Security Forces and Corps.

XI

It is reviewed the penalty with which the crime of illegal arrest or kidnapping is punishable with disappearance, in order to guarantee, in these cases of extraordinary gravity, a penal response adjusted to the gravity of the guilt for the fact. In addition, two additional cases are added to the case where the victim is a minor or a person with a disability in need of special protection, or where the offence has been committed for a sexual purpose, or author would have subsequently acted for that purpose.

XII

Changes in crimes against sexual freedom are introduced in order to implement the transposition of Directive 2011 /93/EU on the fight against sexual abuse and sexual exploitation of minors and the child pornography and the replacement of Council Framework Decision 2004 /68/JHA. The Directive requires Member States to tighten criminal sanctions in the fight against sexual abuse, sexual exploitation of children and child pornography, which are undoubtedly serious violations of human rights. fundamental and, in particular, the rights of the child to the protection and care necessary for their welfare, as laid down in the 1989 United Nations Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union.

As the most important novelty, the age of sexual consent is raised at the age of sixteen. The Directive defines the "age of sexual consent" as the "age below which, in accordance with national law, it is prohibited to perform acts of a sexual character with a minor." At present, the age provided for in the Penal Code was thirteen years, and it was much lower than that of the other European countries-where the minimum age is around fifteen or sixteen-and one of the lowest in the world. For this reason, the Committee of the United Nations Organization on the Rights of the Child suggested a reform of the Spanish penal code to raise the age of sexual consent, adapting to the provisions of the Convention on the Rights of the Child. Childhood, and thus improve the protection that Spain offers to minors, especially in the fight against child prostitution.

In this way, the conduct of acts of a sexual character with children under sixteen years will be considered, in any case, as a criminal act, except in the case of consensual relations with a person close to the child by age and degree of development or maturity. And aggravations are established if, in addition, violence or intimidation is involved, or if the abuse consists of carnal access via vaginal, anal or oral route, or introduction of body members or objects by some of the first two ways. In the case of minors-less than 18 years of age-but over 16 years of age, sexual abuse will be sexual abuse by involving deception or abuse of a recognised position of trust, authority or influence over the years. the victim.

Moreover, the conduct of witnessing to a child of sixteen years acts or sexual abuse on other persons is expressly typified and the imposition, in these cases, of penalties of up to three years imprisonment.

In crimes against prostitution, a more clear separation is established between the behaviors whose victim is an adult person, those who affect minors or those with disabilities in need of special protection. In this second case, the penalties provided for in order to harmonise European legislation are raised, and new aggravations are introduced to combat the most harmful cases of child prostitution.

Article 187 is amended with the aim of more effectively pursuing those who profit from the exploitation of foreign prostitution. To this end, the profit of prostitution is separately sanctioned when certain conduct which is evidence of an operating situation is present, since the case-law of the Supreme Court had required requirements for the assessment of the demand for this situation similar to those applied in the field of regulated labour activities, which in practice made it impossible for them to pursue criminal proceedings.

Special attention is paid to the punishment of child pornography. First of all, a legal definition of child pornography taken from Directive 2011 /93/EU is offered, covering not only the material representing a minor or disabled person engaging in sexual conduct, but also the images realists of minors engaging in sexually explicit behaviors, even if they do not reflect a reality that has occurred.

In relation to child pornography, acts of production and dissemination are punished, and even the knowingly attendance of exhibitionist or pornographic shows involving minors or persons with Disabled persons in need of special protection. It is also punishable by the mere use or acquisition of child pornography, and a new paragraph is included in order to punish anyone who knowingly access this type of pornography by means of information and communication technologies, in the awareness of the fact that new technologies are a major path of access to pornography media. For the same reason, judges and courts are expressly empowered to order the adoption of measures necessary for the withdrawal of internet websites containing or disseminating child pornography or, where appropriate, to block access to those pages.

The protection of minors against abuses committed through the Internet or other means of telecommunication, due to the ease of access and anonymity they provide, is supplemented by a new paragraph in Article 183 (b) the criminal code intended to punish the person who, through technological means, contacts a child under the age of 15 and acts as a means of enabling him to provide pornographic material to him or to show him pornographic images.

XIII

The crimes related to the intrusion into the privacy of the citizens are modified, in order to solve the problems of lack of typicality of some behaviors. The current Article 197 provides for a crime, on the one hand, for the seizure of letters, papers, e-mails or any other documents of a personal nature of the victim, and, on the other hand, the interception of any type of communication of the victim, regardless of the nature and route of such intercepted communication. Both behaviors require the victim's lack of consent.

The assumptions that are now being answered are those in which other person's images or recordings are obtained with their consent, but are then released against their will, when the image or recording is has produced in a personal field and its dissemination, without the consent of the person concerned, seriously injures their privacy.

The reform carries out the transposition of Directive 2013 /40/EU of 12 August concerning attacks on information systems and the interception of electronic data when it is not a communication personnel.

The proposed amendments seek to overcome the limitations of the current regulation to provide a response to computer crime within the meaning of European legislation.

According to the approach set out in the Directive, a clear separation is introduced between the data disclosure scenarios that directly affect personal privacy, and access to other data or information that can affect privacy but are not directly related to personal privacy: it is not the same access to the personal contact list, which collect data regarding the version of software used or the situation of the ports of entry to a system. This is why a separate and differentiated classification of mere access to computer systems is chosen.

With the same approach, and in accordance with the requirements of the Directive, the classification of intersystem transmission interception is included, when it is not a matter of personal transmissions: the interception of Personal communications were already typified in the Penal Code; now it is a matter of typing automatic-not personal-transmissions between teams.

The facilitation or production of computer programs or equipment specifically designed or adapted for the commission of these crimes is typified.

They are regulated separately, in a way that allows you to offer different levels of response to the different gravity of the facts, the assumptions of computer damage and the interference in the information systems.

Finally, in these crimes the responsibility of legal persons is foreseen.

XIV

The review of the regulation of property and heritage crimes is an essential objective to provide a response to the problems posed by multidrug incidence and serious crime.

With this purpose the lack of theft is suppressed, and an aggravated case is introduced for habitual crime. The cases of lesser seriousness, which were previously sanctioned as a fault, are now regulated as minor offences; but consideration is excluded as a minor of all those offences in which there is a circumstance of aggravation-in The Committee on the Commission's proposal for a Council Directive on the protection of the environment In this way, the problems posed by the multidrug incidence are solved: the habitual offenders were previously convicted of mere faults, but with this modification they can be condemned as authors of an aggravated type punished with sentences of one to three years in prison.

In any case, for reasons of legal certainty and as much precision as possible in the criminal description, the quantitative limit is maintained for a clear delimitation between the new petty crime of theft and the basic type.

The catalogue of aggravated aggravations of the theft, also applicable to the crimes of theft with force in things, is modified, and they include the alleged use of the situation of distress of the victim, Criminal offence, use of children under sixteen years and commission of the offence by a member of an organisation or criminal group, dedicated to the commission of offences of the same nature. There is also a response to the serious problem currently posed by crimes committed in agricultural or livestock farms with a cause for harm to their owners; these are offences committed in holdings where the It is difficult to adopt effective protective measures, which is taken advantage of for the commission of these offences, and which leads to the cause of the damage to their owners, which is extremely high, corresponds to the mere valuation of the products they have taken, and are the cause of a serious sensation of Lack of protection and insecurity for those who suffer.

In addition, due to the serious problem generated by the use of copper cable from public service networks and general interest, it has also been considered appropriate to incorporate an aggravation when theft or theft affect electrical or telecommunications supply pipelines. This same aggravation is foreseen for oil pipelines or infrastructure.

And, in the same way, an aggravated type has been included in the offence of reception, in the case of goods or effects of special protection or whose subtraction gives rise to a crime against the most serious patrimony. This is intended to discourage both the subtraction of such goods and their sale or illicit trafficking.

The definition of theft with force is modified, which goes on to include the assumptions in which the force is used to leave the place with the loot (the usual problem was raised in the cases of deactivation of the systems of the alarm from inside the place). And it includes a new alleged aggravated theft with force determined by the mode of commission (butrons, alunizajes) or the severity of the damage caused.

It is regulated as an alleged aggravated robbery with violence committed in open establishment to the public, which previously did not exist.

The catalogue of aggravated fraud cases regulated in Article 250 of the Penal Code is revised to incorporate, as well as the theft, a reference to the alleged cases of multidrug incidence. In addition, a reference is added to the assumptions in which the offence is committed in a way that affects a high number of people.

XV

The heading of Section 2 of Chapter VI of Title XIII of Book II is referred to as "Unfair Administration", with a Section 2. bis in the same Chapter being created to integrate misappropriation offences under the rubric "From misappropriation".

The Criminal Code of 1995 had chosen to criminalize unfair administration as a corporate crime, even though it is actually a patrimonial crime that can be held by a taxable person to any person.

The reform introduces a modern regulation of unfair administration, which is not only societarian, among the property crimes, close to the one existing in the various European legislations. Their displacement from social crimes to property crimes, which is where the unfair administration of foreign assets must be located, is demanded by the nature of that crime, a crime against the patrimony, in which, by It can be a victim, not just a society. The reason why they were systematically demanding such a decision. Through this crime we try to protect the patrimony in general, the patrimony of all that, whether it is an individual person or a society, which confers on another the administration of his or her patrimony, or of that whose patrimony has been placed under the administration of another, by legal decision or by the authority, sanctioning the extractions in the exercise of the faculties of disposition on that foreign patrimony, thus safeguarding the administrator to carry out his position with the diligence of an orderly businessman and with the loyalty of a faithful representative, in the interests of his/her administration.

The reform also takes advantage of the more clearly defined criminal types of unfair administration and misappropriation. Anyone who incorporates his or her patrimony, or in any way exercises Sunday power over a piece of furniture that he has received with an obligation to return it, commits an offence of misappropriation. But who receives as an administrator powers of disposal over money, values or other consumables, it is not obliged to return the same things received, but another of the same quality and species; therefore, who receives from another money or securities with powers to administer them, and performs actions for which it had not been authorised, thereby damaging the managed heritage, committing an offence of unfair administration.

This new regulation of unfair management in turn motivates the review of the regulation of misappropriation and misappropriation.

The misappropriation is still regulated in a different section, leaving the unfair administration for the distraction of money, which becomes part of the autonomous penal type of the administration. This is a matter of course, and it is necessary to review the regulation, which is used to simplify the previous rules: it is now clearly different from the point of view of an alleged appropriation with a breach of the relationship of trust with the owner of the thing, of course he continues to be punished with the penalty equivalent to that of the unfair administration and the scam; or of alleged appropriation of other items of furniture without violation of the duty of custody, as is the case of the appropriation of thing lost not susceptible of occupation, where the current aggravation is maintained of the penalty applicable in cases of appropriation of things of artistic, historical, cultural or scientific value, and the case of the appropriation of things received in error.

Embezzlement actually constitutes a form of unfair administration that, however, was historically maintained in our law basically to assumptions of subtraction of public funds and, in much less measure, to the possible deviation of the destination of the same.

The reform introduces a new criminalization of embezzlement as an alleged unfair administration of public funds. In this way they are included within the scope of the rule, along with the conduct of diversion and subtraction of public funds, other alleged unfair management with prejudice to the public patrimony. As in the case of individuals, the official misappropriation of assets by the official is sanctioned with a penalty equivalent to that of unfair management.

Includes an aggravated assumption that is applicable in all cases of causation of a loss to the public patrimony of more than 50,000 euros, and a greater aggravation of the penalty is foreseen (that allows to reach sentences of up to twelve years in the case of special gravity.

For cases of lower severity, in which the entity of the property damage does not exceed EUR 4 000, an attenuated rate is maintained for which a broad criminal framework is foreseen that will allow the courts to adjust the penalty to the circumstances of the case and, in any event, the imposition of penalties higher than those currently provided for.

XVI

A technical review of punishable insolvency offences is carried out as part of the need to establish a clear separation between the conduct of obstruction or the frustration of execution, to which traditionally It has been understood as referring to the offence of the raising of property, and the offences of insolvency or bankruptcy. These crime groups become regulated in separate chapters.

Within the crimes of frustration of execution are included, along with the rise of property, two new criminal figures who are called to complete the penal protection of the procedures of execution and, with it, of the credit, and which are customary in comparative law: on the one hand, the concealment of goods in a judicial or administrative procedure of execution is typified; and on the other, the use not authorized by the depositary of goods seized by the authority.

The new regulation of crimes of punishable or insolvency contest is a double necessity: to facilitate a proper criminal response to the alleged conduct of actions contrary to the duty of diligence in the management of economic matters which arise in the context of a situation of economic crisis of the subject or undertaking and which endanger the interests of the creditors and the socio-economic order, or are directly causal to the situation of contest; and to offer sufficient certainty and certainty in the determination of the punishable conduct, is to say, those contrary to the duty of diligence in the management of economic matters which constitute an illegal risk.

The new offence of punishable or bankruptcy competition is configured as a crime of danger, albeit linked to the crisis situation (the current or imminent insolvency of the debtor) and is only to be pursued when it is declared effectively the contest or a payment overment is produced; and the express typing of the cause of the insolvency by the debtor is maintained.

The rule delimits, in order to guarantee a degree of safety and certainty adjusted to the requirements arising from the principle of legality, the prohibited conduct by means of which the crime can be committed. To this end, it typifies a set of actions contrary to the duty of care in the management of economic affairs by which the assets which guarantee the fulfilment of the obligations are unduly reduced, or impermits knowledge by the creditor of the true economic situation of the debtor.

The new regulation is supplemented by the provision of an aggravated rate applicable in cases where economic damage of particular gravity is caused or where the majority of the credit defrauded is due to debts. in the face of public finances and social security. Similarly, the protection of creditors is extended by the classification of non-justified actions for the benefit of certain creditors carried out before the declaration of the competition, but when the debtor was already in a current or imminent insolvency situation.

XVII

The crimes against intellectual property, which were modified during the reform operated by the Organic Law 15/2003, of 25 November, for which the Organic Law 10/1995, of 23 November, of the Code was amended Criminal law, then introducing an important technical improvement of its classification, according to the social reality, the configuration of the criminal types and their impact on the economic and social life, are also subject to review in this reform, to the purpose of providing adequate legal and criminal protection, while not forgetting that the Law on Property Intellectual is the instrument of natural protection in this field and that it is absolutely necessary to achieve a certain balance between that protection of intellectual property and that which also derives from the legitimate use of the new technologies of the information and communication.

First of all, it is necessary to adjust the criminal response to the assessment of the seriousness of the offence committed and, for that purpose, a comprehensive criminal framework is established which provides the judge with an adequate margin to adjust the penalty to the severity of the conduct. In any case, the imposition of a lesser penalty is foreseen in the cases of street distribution or merely occasional; and the imposition of prison sentences in the cases of low severity is excluded, in consideration of the characteristics of the and the small amount of the benefit. The storage, import and export scenarios are punishable, in their respective cases, with the same penalties.

Secondly, to the current typical behavior of reproducing, plagiarizing, distributing or communicating publicly, it is added, in order to reinforce the protection that is to be provided, to exploit economically any other a protected work or provision without the authorisation of the rightholders of the intellectual property rights, in addition, the subjective element 'profit-making' for the purpose of 'obtaining a direct or indirect economic benefit', with which it is intended to cover conduct in which there is no direct profit, but if an indirect benefit. It is expressly established that conduct by means of which infringements of the intellectual property rights of those who derive serious harm are carried out: the facilitation of the conduct of the previous conduct by the abolition or neutralisation of the technological measures used to prevent it; the circumvention or facilitation of circumvention of technological measures for the protection of intellectual property carried out in order to provide third parties with access to authorized to the same, when this conduct is executed with intent to obtain a profit direct or indirect economic activity; and finally, the facilitation of access or location of protected works or services offered on the Internet in an unauthorised manner. In such cases, the order for the removal of the works or services covered by the offence provided by the judicial authority shall be such as to cover the files containing the protected works or services as well as the links or other means of location of the same.

The above does not affect those who develop activities of mere technical intermediation, such as, among others, a neutral activity of a content search engine or that merely occasionally link to such content of third parties.

The revision of the current regulation also contains the technical improvement of the classification of the manufacture and putting into circulation of the means to facilitate the neutralization of the measures of protection of the property intellectual property, or its possession for commercial purposes, by adjusting the terminology used to the widest reflected in Directive 2001 /29/EC, as well as the regulation of aggravated assumptions.

This same scheme of regulation, which provides for a tiered regime of criminal liability according to the seriousness of the conduct, is also transferred to crimes against industrial property.

XVIII

In Chapter XI of Title XIII of Book II of the Penal Code, a new section is created concerning the "Crimes of corruption in business", which includes the crimes of payment of bribes to obtain advantages competitive (be it corruption in the private sector or corruption of a foreign public agent).

This amendment is also used to introduce some technical improvements in the regulation of these offences which aim to ensure the application of these precepts in all cases where, by means of payment of In the case of the Commission, the Commission has taken the view that the Commission is not in a position to take any advantage. In the case of the regulation of transnational cooperation, the penal framework is modified, and the difficulties that the concurrency of this norm with those that regulate the co-fact in the Penal Code can be solved. To this end, it is stated that the rule will only cease to be applied when the facts can be punished with a more serious penalty in another precept of the Code, although it is available that, in any case, the penalty of the prohibition of hiring will be imposed with the public sector and receive grants or public aid, tax benefits or incentives, or to intervene in commercial transactions of public importance.

The regulation is complete with the inclusion of an aggravated type applicable in cases of special importance and, in the case of the co-fact, the reference to the new functional definition of public official introduced in the new Article 427.

XIX

Certain amendments are introduced to strengthen the punishment of so-called crimes against corruption in the field of public administration.

On the one hand, a special provision is made for parole: it may be refused where the penalty has been circumvented by the fulfilment of the pecuniary responsibilities or the repair of the economic damage caused to the Administration to which he was convicted. It is intended that those sentenced to imprisonment for crimes against the public administration, when a public money theft has been credited or for economic damage to the administration, cannot be granted access to the benefit of probation if they have not carried out the relevant economic repair.

On the other hand, the penalties provided for all crimes related to corruption in the public administration are reviewed, in order to raise the sentences currently scheduled. First, the reform carries out the widespread increase in the penalties for special disablement for employment or public office. This is the case in the crimes of administrative prevarication, infidelity in the custody of documents and disclosure of secrets, bribery, influence peddling, improper appropriation and unfair administration committed by public officials, fraud and fraud. Illegal levies, among others. And secondly, in the most serious offences where the possible imposition of a special penalty for charge or public employment is already foreseen, the additional (non-alternative) imposition of another special disablement penalty is added for the exercise of the right to vote. The special disablement for public office only reaches the one who holds the crime. In this way, it is prevented that the convicted person for the crime of corruption can opt during the time of the conviction to an elective office. This has been established, among others, in the crimes of code, prevarication of public official or influence peddling.

In addition, the limitation periods for the most serious cases in which the disablement is expected to have a maximum duration of at least ten years are extended. For these purposes, the rule of Article 131 is amended, and the limitation period for the following offences is raised: administrative prevarication, illegal fraud and charges, negotiations and prohibited activities of officials and abuses in the exercise of their function, and judicial prevarication.

Finally, the reform introduces a new Title XIII bis with the heading "Of the crimes of illegal financing of political parties", consisting of the two new articles 304 bis and 304 ter, which gives a penal answer to the need to define a specific criminal type for these criminal acts, since in the current Spanish legislation there is no specific crime that is classified as a crime of illegal financing of political parties. This amendment will punish those persons who accept and receive illegal donations or who participate in structures or organisations whose main object is to illegally finance a political party.

XX

Wildfires continue to be one of the most important problems affecting our mountains. According to data from the Ministry of Agriculture, Food and the Environment, the most serious forest fires have an intentional cause, and in many cases cause significant damage to natural heritage and public or private property, or generate danger situations for the physical integrity of people who can lead to loss of life, becoming extremely serious crimes. For this reason, in September 2009, the European Parliament drew up a resolution calling on the Member States to tighten and apply criminal sanctions against criminal acts that damage the environment and impose them, in particular, on the to those who cause forest fires.

For such reasons, within the crimes against collective security are modified those relating to forest fires to offer a more adequate penal response to the fires of greater gravity. The basic rate is maintained, but in the aggravated assumptions of Article 353, an autonomous and disengaged sanction of the concept of penalty in its superior half is foreseen, rising up to six years in prison. And new aggravations are found in particularly harmful cases for the environment or generators of high danger. In addition, when fires affect protected natural spaces, they will be punished in the same way as environmental crimes, which means that their authors can be punished with the highest penalty in grade. Finally, a referral to Articles 338 to 340 of the Criminal Code is contained in order to solve the problems of repairing the damage caused by the fire, and to allow the imposition of measures aimed at restoring the damaged forest ecosystem and the protection of natural spaces.

On the other hand, in the light of the inherent complexity of this type of crime, and the need to carry out an investigation as agile as possible, it has been deemed appropriate that the investigation and prosecution of the fires They are entrusted to professional courts, leaving without effect the jurisdiction of the tribunal of the jury that establishes the Organic Law 5/1995, of 22 May, of the tribunal of the jury.

XXI

Article 637 of the Penal Code in force until now has collected conduct that should be classified as a crime, and not as a simple fault, as there is no doubt that it is necessary to protect the trust that certain symbols, Uniforms or badges generate, and their misuse should be punished criminally. For this reason, the lack of and criminalization of this conduct as a crime within the criminal types of usurpation of public functions and of intrusive is being criminalized.

At the same time, the regulation of professional intrusive is modified: the penalty penalties provided for in the basic rate are increased; and the current wording of these crimes is improved, including in the case of aggravated cases. that the guilty party exercises his or her own acts of a particular profession, not only when the condition of the professional is publicly attributed, but also when he carries out such acts in a premises or establishment open to the public in which the provision of own services of that profession. This is intended to deal with cases of intrusive which are not expressly provided for in the current legislation, but which are frequent in practice and represent a clear fraud to be sanctioned.

XXII

In the field of gender and domestic violence, some modifications are made to reinforce the special protection currently provided by the Penal Code for victims of this type of crime.

In the first place, gender is incorporated as a reason for discrimination in the aggravating 4. The reason for this is that gender, understood in accordance with Convention No 210 of the Council of Europe on the prevention and control of violence against women and domestic violence, adopted in Istanbul by the Committee of Ministers of the European Council of Europe on 7 April 2011, such as 'the roles, behaviours or activities and socially constructed tasks which a particular society considers to be women's or men's own', may constitute a basis for action discriminatory different from the one covering the reference to sex.

In addition, the scope of the probation measure is extended. This measure, which was introduced in the Penal Code through the reform operated by the Organic Law 5/2010, of June 22, will also be imposed on all crimes against life, and on the crimes of ill-treatment and injury when it comes to victims of gender and domestic violence.

On the other hand, the disappearance of the faults, and the adequacy of the criminal types that this entails, does not prevent the differentiation in the treatment of crimes related to domestic and gender-based violence, with the aim of to maintain a higher level of protection. In this way, even if the new category of minor offences requires, in general terms, the prior complaint of the injured party, this requirement of continued pursuit is not to be required in the offences related to domestic and gender-based violence. No complaint will be required in these cases for the prosecution of the new offence of harassment.

Another notable forecast in this area is the correction that is introduced in the area of imposing fines, in order not to generate negative consequences in the family sphere. In general, it will only be possible to impose fines on this type of crime when it is established that there are no economic relations between the aggressor and the victim resulting from a conjugal, co-existence or affiliation relationship, or existence of a common offspring.

Finally, in relation to the telematic devices to control the precautionary measures and the penalties for estrangement in the field of gender-based violence, problems are being raised about the criminal qualification of certain behaviors of the imputed or penalized to render them ineffective, to which reference is made in Circular 6/2011, of the Attorney General of the State, on criteria for the unit of specialized action of the Ministry of Public Prosecutor in relation to the violence on the woman. It is therefore considered appropriate to expressly criminalise such conduct within the offences of breach, in order to prevent any act of tampering with or preventing the proper functioning of such devices from being unpunished.

XXIII

A new definition of the attack is introduced that includes all cases of assault, aggression, use of violence or serious threats of violence against the agent, but in which the use of violence is not equated. the agent with the action of merely passive resistance, which continues to be punished with the penalty corresponding to the alleged serious disobedience. The assumptions of mild disobedience cease to be criminally sanctioned and will be administratively corrected.

In relation to the lack of consideration and respect for the authority, in the exercise of its functions, they move to the second paragraph of Article 556 of the Penal Code, as a minor offence.

As a novelty, it is explicitly reflected that in any case acts of attack are considered to be committed against officials of health and education in the exercise of their functions or in the exercise of their functions, giving visibility to what, on the other hand, was already being collected by the majority case-law.

The crimes of attack can be committed by means of very different behaviors whose severity can be very unequal. For this reason, it is chosen to modify the penalties with which these crimes are punished by reducing the lower limit of the penalty that can be imposed. And, on the other hand, there is a strong response to all those suspected of attacks in which circumstances arise from which their special reproach derives: the use of weapons or dangerous objects; the launching of objects strong, flammable or corrosive liquids; connection with a motor vehicle, or when the facts are carried out on the occasion of a riot, plant or collective incident inside a prison.

They are included as protected subjects, along with the citizens who come to the aid of the agents of the authority, the members of the assistance and rescue teams who come to provide help to another in an accident or in a Public calamity. In these cases, the imposition of the same penalty is now foreseen as when the facts are committed on an authority, agent or official. This aggravation of the criminal framework has a double justification: the reduction of the minimum penalty with which these crimes are punished; and the consideration that those who come to the aid of an authority, agent or official, or assume in certain conditions for the performance of public functions or of great social relevance, should be protected equivalent to that of those who intervene on an official basis.

XXIV

The previous regulation of the alteration of public order-of a nineteenth-century origin-did not define the crime, but juxtaposed a series of punishable conduct, which generated problems of typicality, in some cases, and others. These problems are solved by the definition of "alteration of the public order" from the reference to the plural subject and the realization of acts of violence on things and persons. The conduct of those who are not directly involved in acts of violence is also expressly sanctioned, but they incite the others, or strengthen their readiness to carry them out. A bankruptcy rule is included which provides for the joint imposition of the penalties corresponding to the alteration, and of those corresponding to the specific acts of violence or causation of damages that would have been executed.

They are typified, as alleged aggravated, the carrying of weapons, the display of simulated firearms, the carrying out of violent actions especially dangerous for the life or the integrity of the persons, or the commission of acts of pillage. And it is regulated as a supposed attenuation of the entrance in premises and establishments in a way that alters their normal activity, when they have not been produced to produce acts of violence or threats, behavior that the previous regulation equated to the disorders violent.

A new penal type is also introduced, that is, the dissemination of messages that incite the commission of any of the aggravated crimes of public order alteration. In this way, the general ban on the mere conduct of comments which may incite in a more or less indirect way to public disorders is avoided, and only acts of incitement to particularly serious disorders are sanctioned. delimitation does not pose difficulties.

In addition, the wording of the current Article 561 (fake bomb notice) is reviewed to include the activation assumptions by means of fake news from the health or emergency services.

XXV

The reform operated in the Criminal Code by the Organic Law 5/2010, of June 22, introduced the crime of trafficking in human beings in the current article 177 bis. This offence was established in advance of Directive 2011 /36/EU of 5 April 2011 on the prevention and control of trafficking in human beings and on the protection of victims and on the replacement of the Framework Decision 2002 /629/JHA of the European Parliament and of the Council of 5 April 2011 on the Council. Although the reform of the year 2010 took into account the project that finally materialized in the aforementioned Directive, there are several issues that were not reflected in the current wording and that it is necessary to include for a complete transposition of the European regulations.

In particular, in the forms of commission of the crime, the delivery or receipt of payments is included to obtain the consent of the person who controls the victims, or the trafficking in order to arrange forced marriages. The exploitation is also typified in order for victims to commit criminal acts for the exploiters. The concept of vulnerability is defined in accordance with the text of the European Directive. And it's compounded by the penalty for creating hazard-creating serious injury causation.

On the other hand, it is also necessary to review the regulation of illegal immigration offences as defined in Article 318 a. These offences were introduced before the trafficking of human beings for their exploitation was classified separately, in such a way as to provide a criminal response to the most serious conduct currently sanctioned by Article 177 bis. However, following the separate classification of the crime of trafficking in human beings, the same extraordinarily aggravated penalty and, in many cases, disproportionate, were maintained for all cases of illegal immigration offences. It was therefore necessary to review the regulation of Article 318 bis with a dual purpose: on the one hand, in order to clearly define the conduct of illegal immigration in accordance with the criteria of European Union legislation, it is necessary to to state, in a differentiated manner, to the trafficking in human beings, as provided for in Directive 2002 /90/EC; and, on the other hand, to adjust the penalties in accordance with the provisions of Framework Decision 2002/946/JHA, which only provides for basic assumptions of maximum sentences of a minimum duration of one year of imprisonment, reserving the most serious penalties for the (a) alleged organized crime and endangering the life or integrity of the immigrant. In this way, the scope of punishable conduct is precisely defined, and the mandatory imposition of prison sentences is reserved for particularly serious cases. In any case, criminal sanctions are excluded in cases of actions directed at humanitarian grounds.

The reform also culminates the effective transposition of Directive 2009 /52/EC laying down minimum rules on penalties and measures applicable to employers of third-country nationals in a situation in which they are irregular.

XXVI

The regulation of conduct of incitement to hatred and violence is modified for a double reason: on the one hand, the judgment of the Constitutional Court 235/2007, of 7 November, imposes an interpretation of the crime of denial of the genocide which limits its application to cases where this conduct constitutes an incitement to hatred or hostility against minorities; and of another, it is conduct which must be the subject of a new regulation adjusted to the Decision Framework 2008 /913/JHA, which should be transposed into our legal order.

They are regulated jointly, and in a way that is in line with the requirements of Framework Decision 2008 /913/JHA, which is broader than the current one, the old articles 510 and 607 of the Penal Code. The change of location of Article 607 is justified by the text of the Framework Decision itself and by the fact that the Constitutional Court has imposed that the denial of genocide can only be criminal as a form of incitement to hatred. or the hostility. Similarly, the Framework Decision imposes the classification of the denial of genocide to the extent that it is a form of incitement to hatred against minorities.

The new regulation typifies two groups of conduct: on the one hand, and with a major penalty, the actions of incitement to hatred or violence against groups or individuals for racist, anti-Semitic or other reasons related to their ideology, religion, ethnicity or belonging to other minority groups, as well as acts of negation or altment of crimes of genocide, humanity or against persons or property protected in the event of armed conflict that would have been committed against these groups, when it promotes or promotes a climate of violence, hostility or hatred against them; and on the other hand, acts of humiliation or contempt against them and the establishment or justification of the offences committed against them or their members with a discriminatory motivation, without prejudice to their further punishment serious in the case of acts of incitement to hatred or hostility against them, or of suitable conduct to promote a climate of violence.

Likewise, it provides for an aggravation of the penalty for the alleged commission of these crimes through the Internet or other means of social communication, as well as for the cases in which it is a conduct that, for its circumstances, or in the context in which they occur, are suitable for altering public peace or seriously undermining the feeling of safety of the members of the groups concerned.

Measures are included for the destruction of documents, files, or materials by which the offense would have been committed, or to prevent access to them.

Finally, the penalties in the case of the existence of criminal organizations are foreseen, and the regulation of the criminal liability of legal persons is included.

XXVII

Persons with disabilities should be subject to enhanced criminal protection in the face of their special vulnerability. The rules of the Penal Code that serve this purpose must be appropriate to the International Convention on the Rights of Persons with Disabilities, made in New York on December 13, 2006, which aims to prevent discriminatory conduct. which may prevent them from enjoying their rights on an equal footing. It is necessary to implement the Convention's compliance with our Penal Code, and this requires an update of the terms used to refer to persons with disabilities. The original text of the Penal Code refers to "disability" or "incapable", a terminology already passed in our legal order prior to the Convention, since the approval of Law 51/2003, of December 2, of equal opportunities, non-discrimination and universal accessibility for persons with disabilities, and should be replaced by the most appropriate terms of "disability" and "person with disabilities in need of special protection".

To this end, Article 25 is amended to update such terms and to provide a more precise definition of persons who are the subject of special criminal protection. This amendment is fully in line with the provisions of Law 39/2006 of 14 December for the Promotion of Personal Autonomy and Care for Persons in a Situation of Dependence, which provides for an additional eighth that the References to "disabled persons" and "persons with disabilities" in the normative texts shall be understood as "persons with disabilities". And for the sake of clarity and reinforcement of this provision, it is decided, with the reform, to incorporate a paragraph so that all references made in the Penal Code to the term "disability" are replaced by the term "disability", and that the term "incapable" is replaced by the "person with disabilities in need of special protection".

Similarly, better treatment is given to the sterilization agreed upon by the judicial body, which is limited to exceptional cases in which there is a serious conflict of protected legal goods. The new article 156 refers to the civil procedural laws, which will regulate the alleged sterilization in the most appropriate and guaranteed way for the rights of the affected persons. As long as this new regulation is issued, the current regulation that the Code provides will remain in force.

XXVIII

The forced marriage is typified in order to comply with the international commitments made by Spain regarding the pursuit of crimes that threaten human rights.

Thus, Directive 2011 /36/EU of the European Parliament and of the Council of 5 April 2011 on the prevention and control of trafficking in human beings and the protection of victims includes the forced marriage between the conduct which may result in the exploitation of persons. Similarly, the Convention on the Elimination of All Forms of Discrimination against Women of the United Nations, ratified by Spain, states in Article 16 that " States Parties shall take all appropriate measures to eliminate the discrimination against women in all matters relating to marriage and family relations and, in particular, to ensure equal conditions for men and women: a) The same right to marry; b) The same right to freely choose spouse and marry only for their free will and their full consent. "

The specific classification of this crime, which is already regulated in other countries in our environment such as France, Denmark, the United Kingdom, Germany or Norway, was timely. In the case of co-active behaviour, it has been considered appropriate to make it a course of action when another person is involved in marriage. And it also punishes those who use active means to force another to leave the Spanish territory or not to return to it, with the same purpose of forcing him to marry.

XXIX

Also within the crimes against freedom, a new criminal type of harassment is introduced that is intended to offer a response to undoubted behavior that, on many occasions, could not be qualified as coactions. or threats. It is all those cases in which, without necessarily the explicit announcement or not of the intention to cause any evil (threats) or the direct use of violence to coartar the freedom of the victim (coactions), they produce repeated conduct through which the victim's freedom and feeling of safety is seriously undermined, to which he is subjected to constant persecution or surveillance, repeated calls, or other continuous acts of harassment.

XXX

The reform is used to make certain corrections to the current text.

Nuclear and radiological weapons are included within the criminal classification of the offenses of possession and deposition of weapons, ammunition or explosives contained in Chapter V of Title XXII.

The reference in pesetas that still remained in the wording of the current article 265, which is updated to the amount of 1,000 euros, is eliminated.

The omission, in Article 306, of the imposition-as provided for in the rest of the crimes against the public finances-is corrected, of the penalty of loss of the possibility of obtaining grants or public aid and of the right to benefit from tax or social security benefits or incentives.

And, finally, references to the taxable persons of the crimes relating to the Crown are corrected.

XXXI

At present, the rationalisation of the use of the public service of justice must take precedence, in order to reduce the high level of litigation that falls on courts and tribunals, with measures aimed at promoting an effective judicial response and Agile to the conflicts that may arise. In time, criminal law should be reserved for the resolution of conflicts of particular gravity.

A good number of legal operators have been calling for the removal of criminal offences that constitute a fault: for the notorious disproportion between the legal assets they protect and investment in time and This means that it is necessary for them to be prosecuted, but also because of the dubious need for behaviour in many cases of serious gravity to be the subject of a criminal complaint. In this sense, the State Attorney General's Office is being pronounced, which advocates that the current violations considered as criminal offenses should be excluded from the Penal Code because of its low severity. And also the General Council of the Judicial Branch, which has recently proposed decriminalizing certain types of behavior that are classified as criminal offenses as an appropriate measure to reduce the high levels of litigation, which are especially high. in the criminal court order.

In our law there is no qualitative difference between crimes and faults. The differences are purely formal, because of the character that the law grants to one or another infraction, or quantitative in attention to the type of penalty imposed on them. The criminalization of certain behaviors as criminal offenses is due to simple reasons of criminal policy, which at present lack sufficient justification. And there is a certain distortion in comparison with the administrative law sanctioning, which in many cases offers a more forceful sanctioning response than the one provided for in the Penal Code for theoretically more serious conduct. Hence the reform will carry out a definitive suppression of the catalogue of faults regulated in Book III of the Penal Code, making it a minor offence to those offences which it is deemed necessary to maintain.

The removal of the infringement constitutes a lack of coherence in the system of penalties as a whole, as a good part of them describe more serious criminal conduct in the administrative field; in other occasions, these are offences that are more adequately corrected in other areas, such as offences against family relationships that have a more appropriate response in family law; and, in some cases, regulate conduct which are, in reality, constituting a crime or should be expressly regulated as crime.

This modification does not necessarily imply an aggravation of the conduct or the penalties currently applicable to the faults. Some of the behaviors that have been identified up to now as missing from the Penal Code are being redirected to the administrative route or the civil road, and to be punished in the criminal field. Only those offences worthy of sufficient punitive reproach are maintained to be able to include them in the catalogue of offences, most of which are being treated as minor offences punishable by fines. The aim is clear: to reserve the treatment of the most serious behaviour of society in the criminal field, which must therefore be treated in accordance with its consideration.

The new category of minor crimes allows to subsume those constitutive behaviors of lack that are deemed necessary to maintain. But a differentiated treatment of these infractions is also achieved to prevent unwanted negative consequences. Unlike what is established for serious and less serious crimes, the condition of a minor offence is attributed when the expected penalty, by its extension, can be considered as mild and as less serious. This prevents the large margin established for the penalty in any case from being able to give rise to its consideration as a less serious crime. In addition, the limitation period for such infringements is established in one year, equating to the injury and slander as offences traditionally considered to be of lesser value for these purposes. And it is expressly stated that the existence of a criminal record by the commission of minor crimes will not allow to appreciate the aggravating of recidivism.

In general, the imposition of penalty penalties is used, which are considered to be more appropriate to sanction infractions of a small entity, and also with a wide margin of discretion for the judge or tribunal to assess the seriousness of the the conduct. However, the imposition of work penalties for the benefit of the community and permanent location is used when it comes to crimes of domestic and gender-based violence, in order to avoid negative effects on the victim itself. can lead to the imposition of a penalty penalty.

The reform involves the complete repeal of the Criminal Code's Book III, so that the criminal offence is missing. This requires adapting a large number of articles that refer to the duality of crime or lack, simply to eliminate this mention of criminal offenses. Hence the extension of the reform to be undertaken, which in many cases consists of a mere adaptation of the regulation to the abolition of the dualistic system, as is the case with a good part of the articles of the general part of the Penal Code, or with others the provisions of the special part such as those relating to unlawful associations, judicial prevarication or the charging of offences, or also the punishment of the reception in faults, which with the reform is repealed.

As for the suppression of faults against persons who collected Title I of Book III of the Penal Code, most of them are classified as crimes, which can be included in each of them as a subtype. (a) to the extent applicable to cases where the circumstances of the event are less serious.

Thus, the injuries of injuries, which are incorporated in the catalogue of minor crimes, disappear. Minor injuries, which do not require medical or surgical treatment, shall be punished in the attenuated type of Article 147 (2). It is also a matter of a minor offence 'that I will either beat or mistreat work without injury', that is, the lack of the current Article 617 (2), which is aggravated by the case of victims vulnerable to Article 153, as well as the minor injuries to Article 147 (2).

In the light of the low severity of the injuries and the abuse of work, they are only to be pursued through the complaint of the person who has been wronged or his legal representative. This avoids the current situation, in which a mere medical part of minor injuries requires the investigating judge to initiate a judicial process and to summon the injured person to go to the court to make the case. offer of actions as impaired, with the disadvantages that it causes. It seems more appropriate that only action is taken when the injured person makes a complaint. However, in cases of gender-based violence, no prior complaint will be required to prosecute minor injuries and ill-treatment.

In the case of homicide and reckless injuries, it is considered appropriate to reconduct the current misconduct and injury by minor recklessness to the civil court, so that only the crime is homicide and serious injury by serious negligence (Article 142 (1) and Article 152 (1)), as well as the offence of manslaughter and serious injury by less serious recklessness, which will become part of the catalogue of minor offences (Article 142 (2) and Article 152 (2) of the Criminal Code). This includes a modulation of the criminal recklessness between serious and less serious, which will lead to a better graduation of criminal responsibility in the light of the conduct of reproach, but at the same time it will make it possible to recognise of minor recklessness which must be outside the Criminal Code. Not every fault with which a harmful outcome is derived must result in criminal responsibility, but the principle of minimum intervention and the consideration of the punitive system as the last ratio determine that in the criminal sphere they must (i) to take the necessary steps to ensure that, in accordance with the rules of procedure laid down in Article 1 (2) of Regulation (EU) No 205/2000, the Commission shall, in accordance with Article 3 (2) of Regulation (EU) No 202/2002, provide the following information: there will be a person seeking liability for the fault of such an entity.

The failures of abandonment provided for in Article 618 (1) and in Article 619 of the Penal Code are deleted. Serious cases of abandonment to a homeless child or to a person with disabilities in need of special protection may be subsumed in the offence of omission of the duty of relief. And the same applies to the conduct of Article 619-a refusal to provide assistance to the elderly-which is either an alleged omission of the duty of relief or a crime of result, when it is committed by whom, as guarantor, is obliged to ensure assistance to the elderly person.

Article 618 (2) and Article 622 of the Criminal Code are also repealed without the inclusion of new criminal sanctions, as the most serious conduct of non-compliance with family duties is already classified as a crime in the Articles 226 et seq. And serious breaches of conventions or sentences can lead to accountability for disobedience. Cases of mere obstruction, defective compliance, or non-compliance without sufficient gravity have a sanctioning regime in Article 776 of the Civil Procedure Act.

The threats and coactions of a mild character are sanctioned as a subtype attenuated in each of the respective crimes, maintaining the demand of their persecution only at the instance of the party. On the other hand, minor injuries and unfair abuse, except where they are committed in respect of one of the persons referred to in Article 173 (2), are outside the scope of the criminal law, as they are offences of a private nature whose reparation may be required in the civil court or through the acts of conciliation. The intention, therefore, is that only those behaviors that have a true entity and relevance are derived from the penal path, when there are no alternative means for the solution of the conflict.

In the case of offences against the property, the repeal of the offences involves the incorporation of new attenuated types into the corresponding reference offences, maintaining the quantitative criterion for sanctioning the minor violations.

The faults consistent with the disluence of movable and immovable property of Article 626, as well as the causation of damages of scarce entity in goods of cultural value, which can be traced to the crime of damages or other criminal figures when they are in a certain entity, or come to civil redress; in the case of public domain goods, the administrative penalty may also be used.

As for faults against the general interests, the alleged use of false currency (article 386) or the distribution or use of false or false effects is being redirected to attenuated crime figures. (Article 389). And the shortcomings currently defined in Article 630 (1) and Article 632 (1) of the Treaty are deleted, as they are already the subject of a sufficient and appropriate correction under administrative law. sanctioning and that they can in any case be the subject of criminal sanctions in the most serious cases in which damages are caused.

There are insufficient reasons to justify the maintenance of the criminal offences provided for in Article 630 and Article 631 (1), and may be used for administrative punishment or for other offences if Finally, damage is caused. On the other hand, it would seem appropriate to maintain as a criminal offence the abandonment of domestic animals, which is punishable by Article 631 (2), which becomes an attenuated type of animal abuse under Article 337 a of the Criminal Code. The reform takes advantage of, at this point, to strengthen the protection of animals through a definition of those that are the object of the crime that increases security in the application of the norm, and a review of the punishable conduct, including the sexual exploitation of animals and the penalties applicable to them. As an important novelty, in addition to the corresponding prison sentences or fines in the light of gravity, the possibility of imposing special disablement penalties for the exercise of profession, trade or trade which is related to the animals and for the holding of animals.

With regard to the lack of public order, the alleged alterations are already punishable as a crime, as well as the alleged acts of attack, resistance and disobedience. It is the administrative route to carry out activities without compulsory insurance. However, the criminal punishment for which it was held in a registered office or place of residence outside the opening hours, as a sub-type of Article 203; or the use of a uniform or the public attribution of the status of a professional, is maintained. typifies in a new article 402 bis within the improvement of the criminal types of usurpation of public functions and of intrusive.

The reform is completed with a review of the regulation of the fault judgment that contains the Criminal Procedure Act, which will continue to apply to minor crimes. In the case of minor offences (minor offences) there are usually conduct which is typical but which do not have a serious nature to justify the opening of proceedings and the imposition of a penalty of a criminal nature, and in whose criminal sanction does not exist in any real public interest. For these cases it is introduced, with an orientation that is customary in the comparative law, an opportunity criterion that will allow the judges, at the request of the Fiscal Ministry, valued the scarce entity of the fact and the lack of public interest, excel in these procedures.

With this amendment, an instrument is introduced that allows judges and courts to dispense with the criminal sanction of the conduct of very serious seriousness, thus achieving an effective realization of the principle of minimum intervention, which guides the reform of the Penal Code at this point; and, at the same time, it is possible to discharge to the courts of the handling of minor matters devoid of real relevance that manage their activity and reduce the resources available for the clarification, prosecution and sanction of the actual serious conduct.

Finally, in order to avoid the problems of transience arising from the immediate application of new minor crimes, rules have been included to adapt the current Criminal Procedure Law. In this way, the minor crimes will be substantiated according to the procedure laid down in the Book VI of the current Law of Criminal Procedure, which is adapted to the new criminal category, maintaining the courts of instruction and the courts of gender-based violence the competence for the knowledge and failure of these crimes. The transitional situation of the judgments of faults initiated prior to the entry into force of this Law is also regulated.

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

One. Article 1 (1) is amended as follows:

" 1. No action or omission shall be punished that is not intended as a crime by law prior to its perpetration. "

Two. Article 2 (1) is amended as follows:

" 1. It shall not be punishable by any offence which is not provided for by law prior to its perpetration. Laws laying down safety measures shall also be subject to retroactive effect. '

Three. Article 7 is amended to read as follows:

"For the purposes of determining the criminal law applicable in time, the offences are considered to be committed at the time the subject executes the action or omits the act he was obliged to perform."

Four. Article 9 is amended as follows:

" The provisions of this Title shall apply to offences punishable by special laws. The other provisions of this Code shall be applied as a supplement to the provisions expressly not provided for by those provisions. "

Five. The heading of Book I, which is renamed:

, is amended:

"General provisions on crimes, persons responsible, penalties, security measures and other consequences of criminal offences."

Six. The heading of Chapter I of Title I of Book I, which is renamed:

"From Crimes"

Seven. Article 10 is amended as follows:

"These crimes are the actions and omissions that are painful or imprudent by the law."

Eight. Article 11 is amended as follows:

" The offences that consist of the production of a result will only be understood to be committed by omission when the non-avoidance of the result, in violation of a special legal duty of the author, is equivalent, according to the meaning of the text of the law, to its causation. To this end the action will be equated with the action:

(a) Where there is a specific legal or contractual obligation to act.

(b) When the omitent has created a risk opportunity for the legally protected property through a previous action or omission. "

Nine. Article 13 (3) and (4) are amended as follows:

" 3. Minor offenses are the offenses that the law punishes with a slight penalty.

4. Where the penalty for its extension may be included in the first two numbers of this article, the offence shall in any case be considered to be a serious offence. Where the penalty, by extension, can be considered as minor and as less serious, the offence shall in any event be considered as minor. "

Ten. Article 15 is amended as follows:

"The consummate crime and the attempted crime are punishable."

Once. Article 16 (2) and (3) are amended as follows:

" 2. It shall be exempt from criminal liability for the offence attempted by the person who voluntarily avoids the consummation of the offence, either giving up the execution already initiated or preventing the production of the result, without prejudice to the responsibility of the he may have incurred the acts executed, if they are already a constituent of another offence.

3. Where a number of subjects are involved, the person or those who desist from the implementation which has already started, and who prevent or attempt to prevent, be, firmly and resolutely, the consummation, without prejudice to the law, shall be exempt from criminal liability. liability in that they may have incurred the acts executed, if they already constitute another offence. "

Twelve. Article 17 is amended as follows:

" 1. The conspiracy exists when two or more people are aware of the execution of a crime and resolve to execute it.

2. The proposition exists when the one who has resolved to commit a crime invites another person or other persons to participate in it.

3. The conspiracy and the proposition for the inquiry will only be punished in the cases specially provided for in the law. "

Thirteen. The first point of Article 20 (4) is amended, which is worded as follows:

" First. Illegitimate aggression. In the case of the defence of the property, the attack on the property shall be deemed to be unlawful and shall place them in serious danger of imminent deterioration or loss. In the case of defense of the dwelling place or its dependencies, the undue aggression shall be rejected as the undue entry into that or these. "

Fourteen. The circumstances 4. and 8. of Article 22 are amended, which are worded as follows:

" 4. Ceter the offence for racist, anti-Semitic or other discrimination relating to the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which they belong, their sex, orientation or identity sexual, gender, disease or disability. "

" 8. th Be Reincident.

There is a recidivism when, in the case, the culprit has been convicted and executed for a crime within the same title of this Code, provided that it is of the same nature.

The effects of this number will not be counted against or should be the criminal records that are canceled or those that correspond to minor crimes.

Strong convictions of judges or courts imposed in other EU states will produce the effects of recidivism unless the criminal antecedent has been cancelled or could be cancelled under Spanish law. "

Fifteen. Article 25 is amended as follows:

" For the purposes of this Code, disability is understood to be the situation in which a person with a permanent physical, mental, intellectual or sensory impairment is found who, when interacting with various barriers, may limit or prevent their full and effective participation in society, on an equal footing with others.

In addition to the effects of this Code, a person with a disability shall be deemed to be in need of special protection for that person with disabilities who, whether or not he is judicially modified, requires assistance or support for the exercise of its legal capacity and for the taking of decisions in respect of its person, of his rights or interests because of his intellectual or mental deficiencies of a permanent nature. "

Sixteen. The heading of Title II of Book I, which is renamed:

"Of people criminally responsible for crimes"

seventeen. Article 27 is amended as follows:

"perpetrators and accomplices are criminally responsible for the crimes."

Eighteen. Article 30 (1) is amended as follows:

" 1. In crimes committed using mechanical means or media, neither the accomplices nor those who have been personally or really favored will respond criminally. "

nineteen. Article 31 is amended as follows:

" He who acts as an administrator in fact or in the law of a legal person, or in the name or legal or voluntary representation of another person, will respond personally, even if the conditions, qualities or relationships do not exist in him. the corresponding crime figure requires to be able to be an active subject of the offence, if such circumstances occur in the entity or person in whose name or representation it is heard. "

Twenty. Article 31a is amended and read as follows:

" 1. In the cases provided for in this Code, legal persons shall be criminally liable:

(a) of the offences committed in the name or on behalf of them, and for their direct or indirect benefit, by their legal representatives or by those acting individually or as members of an organ of the person legal persons, are authorized to take decisions on behalf of the legal person or have powers of organization and control within it.

(b) The offences committed, in the exercise of social activities and on behalf of and for the direct or indirect benefit thereof, by those who are subject to the authority of the natural persons referred to in the paragraph above, they have been able to do the facts because they have been seriously violated by those duties of supervision, surveillance and control of their activity, which are met with the specific circumstances of the case.

2. If the offence is committed by the persons referred to in point (a) of the previous paragraph, the legal person shall be exempt from liability if the following conditions are met:

1. the administrative body has effectively adopted and implemented, before the commission of the offence, models of organisation and management which include the appropriate surveillance and control measures to prevent crimes of the same nature or to significantly reduce the risk of its commission;

2. The supervision of the operation and the implementation of the model of prevention implemented has been entrusted to an organ of the legal person with autonomous powers of initiative and of control or that is legally entrusted to the function of monitoring the effectiveness of the internal controls of the legal person;

3. The individual authors have committed the crime by fraudulently circumventing the models of organization and prevention and

4. No omission or insufficient exercise of its monitoring, surveillance and control functions by the organ referred to in the condition

.

In cases where the above circumstances can only be subject to partial accreditation, this circumstance will be valued for the purposes of mitigating the penalty.

3. In the case of legal persons of small size, the supervisory tasks referred to in Article 2 (2) may be taken directly by the administrative body. For these purposes, they are legal persons of small size who, according to the applicable law, are authorised to present an abbreviated profit and loss account.

4. If the offence is committed by the persons referred to in paragraph 1 (b), the legal person shall be exempt from liability if, prior to the commission of the offence, he has effectively adopted and implemented a model of organisation and management which is appropriate to prevent crimes of the nature of which it was committed or to significantly reduce the risk of its commission.

In this case, the attenuation provided for in the second subparagraph of paragraph 2 of this Article shall also apply.

5. The models of organisation and management referred to in the first subparagraph of paragraph 2 and the preceding paragraph shall meet the following requirements:

1. º will identify the activities in whose scope the crimes that must be prevented can be committed.

2. The protocols or procedures will be established that will concretize the process of forming the will of the legal person, decision-making and execution of the same in relation to those.

3. Dispose of models for the management of adequate financial resources to prevent the commission of the crimes that must be prevented.

4. º Impose the obligation to report possible risks and defaults to the body responsible for monitoring the operation and observance of the prevention model.

5. You will establish a disciplinary system that properly sanctions the failure to comply with the measures that the model establishes.

6. º A periodic verification of the model and its eventual modification when relevant violations of its provisions are revealed, or when changes in the organization occur, in the structure of control or in the developed activity that make them necessary. "

Twenty-one. A new Article 31b is introduced, with the following content:

" 1. The criminal liability of legal persons shall be enforceable provided that the commission of a crime has been found to have had to commit the charges or duties referred to in the previous article, even if the specific person concerned (a) the person responsible has not been individualized or has not been able to conduct the proceedings against her. Where, as a result of the same facts, both the penalty penalty is imposed, the judges or courts shall modulate the respective amounts, so that the resulting sum is not disproportionate in relation to the severity of those amounts.

2. The concurrency, in persons who materially have made the facts or in which they have made them possible for not having exercised due control, of circumstances that affect the guilt of the accused or aggravating their responsibility, or the the fact that such persons are deceased or have been brought to the action of justice, shall not exclude or modify the criminal liability of legal persons, without prejudice to the provisions of the following Article. '

Twenty-two. A new Article 31c is introduced, with the following content:

" Only mitigating circumstances of the criminal liability of legal persons may be considered to have made, after the commission of the offence and through its legal representatives, the following activities:

(a) Haber proceeded, before knowing that the judicial proceedings are directed against her, to confess the offence to the authorities.

b) Haber collaborated in the investigation of the fact by providing evidence, at any point in the process, that were new and decisive in order to clarify the criminal responsibilities of the facts.

c) Haber proceeded at any time in the procedure and prior to the oral judgment to repair or lessen the damage caused by the crime.

d) To have established, prior to the commencement of the oral trial, effective measures to prevent and uncover crimes that may in the future be committed with the media or under the cover of the legal person. "

Twenty-three. A new Article 31d is introduced with the following content:

" 1. The provisions relating to the criminal liability of legal persons shall not apply to the State, to the territorial and institutional public authorities, to the Regulatory Bodies, the Agencies and Public Entities. Business, international organizations governed by public law, and others exercising public powers of sovereignty or administrative power.

2. In the case of public commercial companies implementing public policies or providing services of general economic interest, only the penalties provided for in Article 33 (7) (a) and (g) may be imposed. This limitation shall not apply where the judge or tribunal appreciates that it is a legal form created by its promoters, founders, administrators or representatives for the purpose of avoiding any criminal liability. "

Twenty-four. Article 33 (2), (3) and (4) are amended as follows:

" 2. These are serious penalties:

a) The permanent reviewable prison.

b) Prison for more than five years.

c) The absolute disable.

d) Special disablement for longer than five years.

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

f) Deprivation of the right to drive motor vehicles and mopeds for longer than eight years.

g) Deprivation of the right to hold and carry weapons for longer than eight years.

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

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

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

k) Deprivation of the homeland power.

3. These are less severe penalties:

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

b) Special disqualifications up to five years.

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

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

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

(f) Special disablement for the exercise of profession, trade or trade which relates to animals and for the holding of animals for one year and one day to five years.

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

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

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

j) The fine of more than three months.

k) The proportional fine, whatever the amount, except as provided for in paragraph 7 of this Article.

l) Jobs for the benefit of the community of thirty-one days to one year.

4. They are mild penalties:

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

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

(c) Special disablement for the exercise of a profession, trade or trade which relates to animals and for the holding of animals from three months to one year.

d) The deprivation of the right to reside in certain places or to go to them, for a period of less than six months.

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

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

g) The fine of up to three months.

h) The permanent location from one day to three months.

i) Jobs for the benefit of the community of one to thirty days. "

Twenty-five. Article 35 is amended as follows:

" It is custodial sentences for the permanent reviewable prison, prison, permanent location and subsidiary personal liability for non-payment of fine. Their compliance, as well as the penitentiary benefits that they assume shortening the sentence, will conform to the provisions of the laws and this Code. "

Twenty-six. Paragraphs 1 and 2 are amended and a new paragraph 3 is inserted in Article 36, which is read as follows:

" 1. The permanent prison term shall be reviewed in accordance with the provisions of Article 92.

The classification of the sentenced person in the third degree must be authorized by the court prior to the individualized and favorable prognosis of social reinsertion, the Prosecutor's Office and the Penitentiary Institutions, and will not be able to be performed:

(a) Up to twenty years of effective imprisonment, in the event that the penalty would have been for a crime in Chapter VII of Title XXII of Book II of this Code.

b) Until the completion of fifteen years of effective imprisonment, in the rest of the cases.

In these cases, the penalty may not be allowed to leave until he has served a minimum of twelve years in prison, in the case provided for in (a), and eight years in prison, as provided for in point (b).

2. The term of imprisonment shall be at least three months and a maximum of 20 years, unless otherwise provided for in this Code.

Where the duration of the sentence imposed is greater than five years, the judge or tribunal may order that the classification of the sentenced person in the third degree of prison treatment shall not be carried out until the time of the half of the penalty imposed.

In any case, where the duration of the sentence imposed is greater than five years and the offences listed below, the classification of the sentenced person in the third degree of prison treatment is not may be performed until the completion of half of the same:

(a) Crimes concerning terrorist organizations and groups and terrorist offences of Chapter VII of Title XXII of Book II of this Code.

b) Crimes committed within an organization or criminal group.

c) Offences of Article 183.

d) Chapter V of Title VIII of Book II of this Code, where the victim is less than thirteen years old.

The judge of surveillance, prior to the individualized and favorable prognosis of social reinsertion and valuing, where appropriate, the personal circumstances of the inmate and the evolution of the reeducator treatment, may agree with reason, ears the Prosecutor's Office, Penitentiary Institutions and other parties, the application of the general compliance regime, except in the cases contained in the preceding paragraph.

3. In any event, the court or judge of penitentiary surveillance, as appropriate, may agree, after a report by the Prosecutor's Office, Penitentiary Institutions and the other parties, the progression to third degree for humanitarian and dignity reasons. staff of severely ill patients with incurable conditions and septuagenarians assessing, especially their low danger. "

Twenty-seven. Article 39 is amended, as follows:

" These are proprietary penalties:

a) The absolute disable.

(b) Special disablement for employment or public office, profession, trade, industry or commerce, or other activities determined in this Code, or of the rights of the country, authority, guardianship, guardianship or curatelle, animals, the right to stand as a candidate or any other right.

c) Suspension of employment or public office.

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

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

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

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

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

i) Jobs for the benefit of the community.

j) Deprivation of the homeland power. "

Twenty-eight. Article 48 (1) is amended, which is worded as follows:

" 1. The deprivation of the right to reside in certain places or to go to them prevents the criminal from residing or going to the place where he has committed the crime, or to the place where the victim or his family resides, if they are different. In cases where there is an intellectual disability or disability which has its origin in a mental disorder, the specific case shall be considered in order to resolve the legal assets to be protected and the higher interest of the the person with disabilities who, where appropriate, shall have the necessary means of support and support for the performance of the measure. '

Twenty-nine. Article 53 (1) is amended, which is read as follows:

" 1. If the sentenced person does not satisfy, voluntarily or by way of award, the fine imposed, he shall be subject to a personal responsibility subsidiary of one day of deprivation of liberty for every two unsatisfied daily quotas, which, in the case of crimes Minor, may be fulfilled by permanent location. In this case, it shall not govern the limitation of the duration laid down in Article 37 (1

.

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

Thirty. Article 57 is amended as follows:

" 1. Judges or courts, in crimes of homicide, abortion, injury, freedom, torture and moral integrity, trafficking in human beings, sexual freedom and compensation, privacy, the right to the image itself and the inviolability of the domicile, honour, heritage and socio-economic order, taking into account the seriousness of the facts or the danger that the offender represents, may agree in their judgments to the imposition of one or more of the prohibitions referred to in Article 48, for a period not exceeding 10 years if the offence is serious, or five years is less severe.

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

2. In the cases of the offences referred to in the first subparagraph of paragraph 1 of this Article, committed against whomever the spouse is or has been, or has been linked to the person convicted by a similar affectivity relationship, living together, or on the descendants, ascendants or siblings by nature, adoption or affinity, of their own or of the spouse or living person, or of minors or persons with disabilities in need of special protection who, with their co-existence, or who found in the custody, conservatorship, conservatorship, reception or guardian in fact of the spouse or survivor; or on a person covered by any other relationship that is integrated into the core of their family life, as well as the persons who, due to their special vulnerability, are subject to their custody or guard in public centers In any event, the application of the penalty provided for in Article 48 (2) shall be agreed for a period not exceeding 10 years if the offence is serious, or five years if it is less serious, without prejudice to the provisions of the paragraph the second part of the previous section.

3. The prohibitions laid down in Article 48 may also be imposed for a period of time not exceeding six months by the commission of the offences referred to in the first subparagraph of paragraph 1 of this Article having regard to the of minor offences. "

Thirty-one. Article 66 (2) is amended and read as follows:

" 2. In minor offences and reckless offences, the judges or courts shall apply the penalties to their prudent arbitration, without being subject to the rules prescribed in the previous paragraph. "

Thirty-two. Rule 2 (a) of Article 66a is amended, which is worded as follows:

" 2. Where the penalties provided for in Article 33 (7) (c) to (g) are imposed with a limited duration, the duration of the sentence may not exceed the maximum duration of the custodial sentence provided for in the case of the crime was committed by a natural person.

For the imposition of the penalties provided for in points (c) to (g) for a period exceeding two years, it shall be necessary to take either of the following two circumstances:

a) That the legal person is a repeat offender.

b) That the legal person be used instrumentally for the commission of criminal offences. It shall be understood that the latter is the case where the legal activity of the legal person is less relevant than its illegal activity.

Where the liability of the legal person, in the cases provided for in Article 31a (1) (b), derives from a breach of the duties of supervision, supervision and control which is not of a serious nature, These penalties shall in any case have a maximum duration of two years.

For the permanent imposition of the penalties provided for in points (b) and (e), and for the imposition of a period exceeding five years from those provided for in Article 33 (7) (e) and (f), it shall be necessary to that you have any of the following two circumstances:

(a) That the case be referred to in the case referred to in Rule 5 (1), Rule 66 (1).

b) That the legal person be used instrumentally for the commission of criminal offences. It shall be understood that the latter is the case where the legal activity of the legal person is less relevant than its illegal activity. '

Thirty-three. A paragraph 4 is added to Article 70 with the following wording:

" 4. The lower penalty to the permanent prison sentence is the prison sentence of twenty to thirty years. "

Thirty-four. Article 71 is amended as follows:

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

2. However, where, by application of the above rules, it is necessary to impose a prison term of less than three months, that sentence shall in any case be replaced by a fine, work for the benefit of the community, or permanent location, even if the law does not provide for these penalties for the offence in question, replacing each day in prison with two fine fees or for a working day or for a permanent day of localisation. "

Thirty-five. A new point (e) is inserted in paragraph 1 and Article 76 (2) is amended, with the following wording:

"(e) Where the subject has been convicted of two or more offences and at least one of them is punishable by the law with a permanent review, the provisions of Articles 92 and 78a shall apply."

" 2. The limitation shall apply even if the penalties have been imposed in different processes where they have been imposed by facts committed before the date on which they were prosecuted which, being the subject of cumulation, would have been in the first place. "

Thirty-six. Article 77 is amended as follows:

" 1. The provisions of the two preceding articles are not applicable in the case of a single act constituting two or more offences, or where one of them is necessary to commit the other.

2. In the first case, the penalty provided for the most serious infringement shall be applied in its upper half, without exceeding the sum of the sum of which it would be applied if the infringements were to be imposed separately. Where the penalty so computed exceeds this limit, the infringements shall be punished separately.

3. In the second, a higher penalty will be imposed than would have been the case, in the case in particular, for the most serious infringement, and which cannot exceed the sum of the specific penalties that would have been imposed separately for each of the offences. Within these limits, the judge or tribunal shall determine the penalty in accordance with the criteria laid down in Article 66. In any event, the penalty imposed may not exceed the limit of duration provided for in the previous Article. "

Thirty-seven. Article 78 (3) shall be deleted and paragraph 2 shall be amended as follows:

" 2. In these cases, the surveillance judge, prior to the individualized and favorable prognosis of social reinsertion and assessing, where appropriate, the personal circumstances of the inmate and the evolution of the reeducator treatment, may agree in a reasoned manner, the Fiscal Ministry, Penitentiary Institutions and other parties, the application of the general compliance regime.

If these were offences relating to terrorist organisations and groups and terrorist offences under Chapter VII of Title XXII of Book II of this Code, or committed within criminal organisations, and taking into account the total sum of the penalties imposed, the above possibility shall apply only:

(a) To the third degree of imprisonment, when one fifth of the maximum limit for compliance with the sentence remains to be met.

b) To probation, when one-eighth of the maximum limit for compliance with the sentence remains to be met. "

Thirty-eight. A new Article 78a is inserted, with the following wording:

" 1. When the subject has been convicted of two or more crimes and at least one of them is punishable by the law with a permanent review, the progression to the third degree will require compliance:

(a) of a minimum of eighteen years in prison, where the penalty has been for a number of offences, one of them being punished with a permanent review and the rest of the penalties imposed in addition to a total of more than five years.

b) of a minimum of twenty years in prison, where the penalty has been for several offences, one of them being punished with a permanent custodial sentence and the rest of the penalties imposed in addition to a total of more than fifteen years.

c) of a minimum of twenty-two years in prison, when the penalty has been for several crimes and two or more of them are punished with a permanent custodial sentence, or one of them is punished with a penalty of reviewable permanent prison and the rest of the penalties imposed for a total of twenty-five years or more.

2. In such cases, the suspension of the execution of the rest of the penalty will require the penalty to be extinguished:

(a) A minimum of twenty-five years in prison, in the cases referred to in points (a) and (b) of the previous paragraph.

(b) A minimum of thirty years ' imprisonment as referred to in point (c) of the previous paragraph.

3. If it were offences relating to terrorist organisations and groups and terrorist offences of Chapter VII of Title XXII of Book II of this Code, or committed within criminal organisations, the minimum compliance limits for access to the third degree of classification shall be twenty-four years in prison, in the cases referred to in points (a) and (b) of the first subparagraph, and of thirty-two years ' imprisonment in the case of point (c) of the first subparagraph.

In such cases, the suspension of the execution of the rest of the sentence will require that the penalty has extinguished a minimum of twenty-eight years in prison, in the cases referred to in points (a) and (b) of the first subparagraph, and Thirty-five years 'imprisonment in the case of point (b) of the first paragraph.'

Thirty-nine. Article 80 is amended as follows:

" 1. The judges or courts may, by means of a reasoned decision, suspend the execution of the custodial sentences of not more than two years where it is reasonable to expect that the execution of the sentence is not necessary to avoid the commission for the future of new crimes.

To adopt this resolution the judge or tribunal shall assess the circumstances of the offence committed, the personal circumstances of the penalty, his or her background, his conduct subsequent to the fact, in particular his effort to repair the offence. damage caused, their family and social circumstances, and the effects to be expected of the suspension itself of the enforcement and enforcement of the measures imposed.

2. They will be necessary to put the execution of the penalty on hold, the following:

1. The convicted person has first committed a crime. To this end, no account shall be taken of previous convictions for imprudent offences or of minor offences, or of any criminal record which has been cancelled or should have been cancelled in accordance with the provisions of Article 136. The criminal records for offences which, by their nature or circumstances, are not relevant in order to assess the likelihood of the commission of future offences shall also be taken into account.

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

3. That the civil liability that originated and the seizure agreed upon in judgment pursuant to Article 127 has been satisfied.

This requirement will be understood when the penalty assumes the commitment to satisfy the civil liability according to its economic capacity and to facilitate the seizure agreed upon, and it is reasonable to expect that it will be served within the reasonable period of time the judge or tribunal determines. The judge or tribunal, in consideration of the extent of the civil liability and the social impact of the crime, may request the guarantees it deems appropriate to ensure compliance.

3. Exceptionally, even if the conditions 1. and 2. of the previous paragraph are not met, and provided that they are not normal prisoners, the suspension of the prison sentences of two years may be agreed upon when the personal circumstances of the inmate, the nature of the event, his or her conduct and, in particular, the effort to repair the damage caused, as advised.

In such cases, the suspension will always be conditional on the effective repair of the damage or compensation of the damage caused in accordance with its physical and economic possibilities, or on the fulfilment of the agreement referred to in the Article 84, measure 1. In addition, one of the measures referred to in the numerals 2 or 3 shall always be imposed, with an extension which may not be less than that which results from the application of the conversion criteria laid down in the same to a fifth of the penalty imposed.

4. Judges and courts may grant the suspension of any penalty imposed without any requirement in the event that the penalty is suffering from a very serious illness with incurable conditions, except that at the time of the Another penalty was suspended for the same reason.

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

The judge or tribunal may order the conduct of the checks necessary to verify compliance with the above requirements.

In the event that the sentenced person is subject to treatment of the situation, the suspension of the execution of the sentence will also be conditional upon him not abandoning the treatment until his completion. It will not be understood that they are abandoned in the treatment if they do not show a definitive cessation of treatment.

6. In crimes which can only be pursued upon complaint or complaint by the offence, the judges and courts shall hear from him and, where appropriate, who represents him, before granting the benefits of the suspension of the execution of the sentence. "

Forty. Article 81 is amended as follows:

" The period of suspension shall be two to five years for the custodial sentences of no more than two years, and three months to one year for the minor penalties, and shall be fixed by the judge or tribunal, served by the criteria expressed in the second subparagraph of Article 80 (1).

In the event that the suspension has been agreed in accordance with the provisions of paragraph 5 of the previous article, the period of suspension shall be three to five years. "

Forty-one. Article 82 is amended as follows:

" 1. The judge or tribunal shall decide in judgment on the suspension of the execution of the sentence provided that this is possible. In other cases, once the determination of the judgment has been declared, it shall be delivered with the utmost urgency, after hearing the parties, on whether or not to suspend the execution of the sentence.

2. The period of suspension shall be computed from the date of the decision which agrees. If the suspension has been agreed in judgment, the period of suspension shall be counted from the date on which the suspension was signed.

It shall not be counted as a period of suspension in which the penalty would have been held in absentia. "

Forty-two. Article 83 is amended as follows:

" 1. The judge or tribunal may make the suspension conditional on compliance with the following prohibitions and duties where this is necessary to avoid the danger of the commission of new offences, without the possibility of imposing any duties and obligations arising from it. excessive and disproportionate:

1. Prohibition of approaching the victim or those of his or her family members or other persons determined by the judge or tribunal, their homes, their workplaces or other places habitually frequented by them, or to communicate with them by any means. The imposition of this prohibition shall always be communicated to the persons in respect of which it is agreed.

2. A prohibition to establish contact with certain persons or members of a given group, where there are indications that they can reasonably be assumed that such subjects may provide the opportunity to commit new crimes or encourage you to do so.

3. Keep your place of residence in a given place with a prohibition to leave or temporarily absent without the authorization of the judge or tribunal.

4. A prohibition to reside in a particular place or to go to it, when in them you can find the occasion or motive to commit new crimes.

5. Appear Personally with the periodicity to be determined before the judge or tribunal, law enforcement agencies or administration service to be determined, to report on their activities and to justify them.

6. Take part in training, employment, cultural, road education, sexual, environmental protection, animal protection, animal protection, equal treatment and non-discrimination, and other similar programmes.

7. Participate In Programs of Dishabituation to the Consumption of Alcohol, Toxic Drugs or Narcotic Drugs, or to treat other addictive behaviors.

8. Prohibition of driving motor vehicles which do not have technological devices which condition their ignition or operation to the prior checking of the physical conditions of the driver, when the subject has been convicted of a crime against road safety and the measure is necessary to prevent the possible commission of new offences.

9. Fulfill the other duties that the judge or tribunal deems appropriate for the social rehabilitation of the penado, on the basis of its conformity, provided that they do not attack his dignity as a person.

2. In the case of crimes committed against women by whom they are or have been their spouse, or by whom they are or have been linked to it by a similar relationship of affectivity, even without coexistence, the prohibitions and duties will always be imposed indicated in Rules 1., 4. and 6. of the previous paragraph.

3. The imposition of any of the prohibitions or duties of the rules 1. ª, 2. ª, 3. or 4. of paragraph 1 of this article shall be communicated to the State Security Forces and Corps, which shall ensure their compliance. Any possible violation or circumstance relevant to the assessment of the danger of the penalty and the possibility of future commission of new crimes, will be immediately communicated to the Prosecutor's Office and to the judge or court of execution.

4. The control of the performance of the duties referred to in the rules 6., 7. and 8. of paragraph 1 of this article shall correspond to the services of management of penalties and alternative measures of the prison administration. These services shall inform the judge or court of execution of the performance at least quarterly, in the case of rules 6. and 8. and six-monthly, in the case of the 7th and, in any case, its conclusion.

Also, they shall immediately inform any relevant circumstances to assess the danger of the penalty and the possibility of future commission of new crimes, as well as the breaches of the obligation imposed or its effective compliance. "

Forty-three. Article 84 is amended as follows:

" 1. The judge or tribunal may also condition the suspension of the execution of the penalty for the performance of any or some of the following benefits or measures:

1. The fulfillment of the agreement reached by the parties under mediation.

2. The payment of a fine, the extent of which shall be determined by the judge or tribunal in the light of the circumstances of the case, which may not exceed that which resulted from the application of two fine fees for each day of imprisonment on a limit maximum of two-thirds of its duration.

3. The performance of works for the benefit of the community, especially when it is appropriate as a form of symbolic repair in the light of the circumstances of the event and the author. The duration of such work shall be determined by the judge or tribunal in the light of the circumstances of the case, without exceeding that which results from a day of work for each day of imprisonment on a maximum limit of two years. thirds of its duration.

2. If it has been a crime committed on the woman by whom it is or has been her spouse, or by whom it is or has been linked to it by a similar relationship of affectivity, even without coexistence, or about the descendants, ascendants or brothers by nature, adoption or affinity of his own or spouse or living person, or of minors or persons with disabilities in need of special protection who, with their living, are subject to the right, guardianship, conservatorship, reception or guardian in the case of the spouse or survivor, the payment of the fine referred to in measure 2. may be imposed only when it is established that there are no economic relations between them arising from a conjugal relationship, co-existence or affiliation, or the existence of a common offspring. '

Forty-four. Article 85 is amended as follows:

" During the time of suspension of the penalty, and in view of the possible modification of the circumstances assessed, the judge or tribunal may amend the decision which it had previously taken pursuant to Articles 83 and 84, and agree to the lifting of all or any of the prohibitions, duties or benefits that would have been agreed upon, modified or replaced by others that are less burdensome. "

Forty-five. Article 86 is amended, with the following content:

" 1. The judge or tribunal will revoke the suspension and order the execution of the penalty when the penalty:

(a) Be convicted of a crime committed during the period of suspension, and this would show that the expectation on which the decision of suspension was founded cannot be maintained.

(b) Seriously Or Repeatedly Fails to comply with the prohibitions and duties imposed on it under Article 83, or to be subtracted from the control of the Administration of Penalties and Alternative Measures of the Administration penitentiary.

(c) In a serious or repeated manner the conditions which, for the suspension, would have been imposed in accordance with Article 84.

(d) Facilitate inaccurate or insufficient information on the whereabouts of goods or objects whose seizure would have been agreed; failure to comply with the commitment to pay civil liabilities to which he would have been convicted, except it lacked economic capacity to do so; or provides inaccurate or insufficient information on its assets, in breach of the obligation imposed in Article 589 of the Civil Procedure Act.

2. If the failure to comply with the prohibitions, duties or conditions has not been serious or repeated, the judge or tribunal may:

a) Impose new bans, duties or conditions, or modify those already imposed.

(b) to extend the period of suspension, without in any event exceeding half the duration of the period originally fixed.

3. In the case of revocation of the suspension, the costs incurred by the penalty to repair the damage caused by the offence under Article 84 (1) shall not be restored. However, the judge or tribunal shall pay the penalty payments and the provision of works which would have been carried out or completed in accordance with the measures 2. 3 and

.

4. In all of the above cases, the judge or tribunal shall decide after hearing the Prosecutor and the other parties. However, it may revoke the suspension of the execution of the sentence and order the immediate entry of the penalty in prison when it is essential to avoid the risk of criminal repetition, the risk of flight from the penalty or to ensure protection of the victim.

The judge or tribunal may agree to perform the necessary investigations and agree to the holding of an oral hearing where it considers it necessary to resolve. "

Forty-six. Article 87 is amended as follows:

" 1. On the expiry of the period of suspension fixed without the subject of a crime, which shows that the expectation on which the decision of suspension was founded cannot be maintained, and that the rules of conduct set by the judge or tribunal, the judge or tribunal shall agree to the remission of the sentence.

2. However, in order to agree on the remission of the penalty which has been suspended pursuant to Article 80 (5), the subject or continuity of treatment must be credited. Otherwise, the judge or tribunal shall order its compliance, unless, in the case of the reports concerned, it considers that the continuation of the treatment is necessary; in such a case it may provide a reasoned extension of the period of suspension for a period of time. more than two years. "

Forty-seven. Article 88 is deleted.

Forty-eight. Article 89 is amended, which is worded as follows:

" 1. Prison sentences of more than one year imposed on a foreign national will be replaced by their expulsion from Spanish territory. Exceptionally, where it is necessary to ensure the defence of the legal order and to restore confidence in the validity of the rule infringed by the offence, the judge or tribunal may agree to the execution of a part of the sentence which may not be more than two-thirds of its extension, and the replacement of the rest by the expulsion of the penalty from the Spanish territory. In any case, the rest of the sentence shall be replaced by the expulsion of the penalty from the Spanish territory when the latter access to the third degree or is granted conditional release.

2. Where a sentence of more than five years ' imprisonment has been imposed, or a number of penalties exceeding that duration, the judge or tribunal shall agree to the execution of all or part of the sentence, in so far as it is necessary to ensure the defence of the legal order and restore confidence in the validity of the law infringed by the crime. In these cases, the execution of the rest of the sentence will be replaced by the expulsion of the penalty from the Spanish territory, when the penalty is in compliance with the part of the penalty that would have been determined, access to the third degree or be granted parole.

3. The judge or tribunal shall decide in judgment on the replacement of the execution of the sentence provided that this is possible. In other cases, once the determination of the judgment has been declared, it shall be delivered with the utmost urgency, after hearing the Prosecutor and the other parties, on whether or not to replace the execution of the sentence.

4. Substitution shall not be made where, in the light of the circumstances of the fact and the personal nature of the author, in particular his or her roots in Spain, expulsion is disproportionate.

The expulsion of a citizen of the European Union shall only proceed when it represents a serious threat to public order or public security in the light of the nature, circumstances and seriousness of the offence committed, background and personal circumstances.

If you have resided in Spain during the previous ten years, you will be expelled when in addition:

(a) He would have been convicted of one or more offences against life, liberty, physical integrity and freedom and sexual indemnity punishable by maximum imprisonment of more than five years, and a serious risk of being can commit crimes of the same nature.

b) You have been convicted of one or more terrorist offences or other crimes committed within a criminal group or organization.

In these cases, the provisions of paragraph 2 of this Article shall be applicable in any case.

5. The foreigner may not return to Spain within five to ten years, counted from the date of his expulsion, the duration of the sentence replaced and the personal circumstances of the penalty.

6. The expulsion will take with them the file of any administrative procedure that would have as object the authorization to reside or to work in Spain.

7. If the expelled foreigner returned to Spain before the end of the judicial period, he shall comply with the penalties that were replaced, except that, exceptionally, the judge or tribunal reduces its duration when its compliance it is unnecessary to ensure the defence of the legal order and to restore confidence in the legal standard infringed by the offence, in the light of the time since the expulsion and the circumstances in which it has occurred; failure.

However, if you were surprised at the border, you will be expelled directly by the governmental authority, starting to compute again the deadline for the entry ban in its entirety.

8. Where, when the expulsion is agreed upon in any of the cases provided for in this Article, the alien is not in fact or is not effectively deprived of freedom in execution of the sentence imposed, the judge or tribunal may agree, in order to ensure expulsion, entry into an internment center of foreigners, in terms and with the limits and guarantees provided for in the law for the expulsion of the native.

In any event, if the substitution of the custodial sentence for expulsion is agreed upon, it cannot be carried out, the execution of the sentence originally imposed or the period of conviction pending, or the application, if any, of the suspension of the execution of the same.

9. The penalties imposed by the commission for the offences referred to in Articles 17a, 312, 313 and 318 bis shall not be replaced. '

Forty-nine. Article 90 shall be amended as follows:

" 1. The prison surveillance judge will agree to suspend the execution of the remainder of the prison term and grant parole to the penalty that meets the following requirements:

a) That is classified in third grade.

b) That you have extinguished the three-quarters of the penalty imposed.

c) That you have observed good behavior.

To resolve the suspension of the execution of the rest of the sentence and the granting of probation, the judge will assess the personality of the criminal, his or her background, the circumstances of the crime. committed, the relevance of the legal assets that could be affected by a reiteration of the crime, its conduct during the execution of the sentence, its family and social circumstances and the effects that can be expected of the suspension itself the enforcement and enforcement of the measures that are imposed.

The suspension shall not be granted if the penalty has not satisfied the civil liability arising from the offence in the cases and in accordance with the criteria laid down in Article 72 (5) and (6) of the Organic Law 1/1979, of 26 September, General Penitentiary.

2. You may also agree to suspend the execution of the remainder of the sentence and grant conditional release to the penalties that meet the following requirements:

a) That they have extinguished two-thirds of their conviction.

b) That during the performance of their penalty they have developed work, cultural or occupational activities, either on an ongoing basis, or with a benefit from which a relevant and favourable modification has been made. those of your personal circumstances related to your prior criminal activity.

(c) attesting to the fulfilment of the requirements referred to in the previous paragraph, except for having extinguished three-quarters of his sentence.

On a proposal from Penitentiary Institutions and after report of the Prosecutor's Office and the other parties, the circumstances of points (a) and (c) of the previous paragraph are fulfilled, the prison surveillance judge may bring forward, after half of the sentence has been extinguished, the granting of probation in relation to the time limit laid down in the previous paragraph, up to a maximum of 90 days for each year of effective compliance with the sentence. This measure will require that the penalty has continued to develop the activities referred to in point (b) of this paragraph and that it also provides effective and favourable participation in repair programmes for victims or programmes of treatment or detoxification, if any.

3. Exceptionally, the prison surveillance judge may agree to suspend the execution of the rest of the sentence and to grant parole to the penalties in which the following requirements are met:

(a) That they are in compliance with their first prison term and that it does not exceed three years.

b) That they have extinguished half of their sentence.

(c) certifying compliance with the requirements referred to in paragraph 1, except that he has extinguished three-quarters of his sentence, as well as the one referred to in point (b) of the previous paragraph.

This regime shall not be applicable to any penalty that has been committed by the commission for a crime against sexual freedom and indemnity.

4. The prison surveillance judge may refuse to suspend the execution of the rest of the sentence when the penalty has given inaccurate or insufficient information on the whereabouts of goods or objects whose seizure would have been agreed; not compliance with his or her ability to commit to payment of the civil liability to which he was convicted; or to provide inaccurate or insufficient information on his or her estate, in breach of the obligation imposed in Article 589 of the Law Civil Prosecution.

You may also refuse to suspend the execution of the remainder of the penalty imposed for any of the offences provided for in Title XIX of Book II of this Code, where the penalty has eluded compliance with the pecuniary responsibilities or the repair of the economic damage caused to the Administration to which it has been convicted.

5. In the case of suspension of the execution of the remainder of the sentence and the granting of probation, the rules contained in Articles 83, 86 and 87 shall apply.

The prison surveillance judge, in view of the possible modification of the circumstances, may amend the decision which he had previously taken pursuant to Article 83, and agree to the imposition of new prohibitions, duties or benefits, the modification of those which have already been agreed or the lifting of the duties.

In addition, the prison surveillance judge will revoke the suspension of the execution of the rest of the sentence and the probation granted when a change of the circumstances that would have resulted in the sentence is revealed. (a) suspension which would no longer allow the prognosis of the lack of danger in which the decision was based to be maintained.

The suspension of the execution of the rest of the sentence will be two to five years. In any event, the time limit for the suspension of execution and probation may not be lower than the length of the penalty part pending. The period of suspension and probation shall be counted from the date of release of the penalty.

6. The revocation of the suspension of the execution of the rest of the sentence and probation will result in the execution of the part of the penalty pending compliance. The time spent on probation will not be computed as time to comply with the sentence.

7. The judge of penitentiary supervision will decide on the suspension of the execution of the rest of the sentence and grant of the probation at the request of the penalty. In the event that the request is not estimated, the judge or tribunal may set a period of six months, which shall be the case for a period of one year, until such time as the claim can be resubmitted.

8. In the case of persons convicted of crimes committed within criminal organizations or for any of the crimes regulated in Chapter VII of Title XXII of Book II of this Code, the suspension of the execution of the rest of the sentence imposed and granting parole requires the penalty to show unequivocal signs of having abandoned the ends and means of terrorist activity and has actively collaborated with the authorities, or to prevent the production of other offences by the terrorist organisation or group, or to mitigate the effects of their crime, or for the identification, capture and processing of persons responsible for terrorist offences, to obtain evidence or to prevent the performance or development of the organisations or associations to which it has belonged or to which it has collaborated; may be accredited by an express declaration of repudiation of their criminal activities and abandonment of violence, and an express request for the pardon of the victims of their crime, as well as for the technical reports showing that the prisoner is effectively disengaged from the terrorist organisation and the environment and activities of associations and illegal collectives surrounding it and its collaboration with the authorities.

Paragraphs 2 and 3 shall not apply to persons convicted by the commission of any of the offences regulated in Chapter VII of Title XXII of Book II of this Code or for offences committed within organisations criminals. "

Fifty. Article 91 is amended, with the following content:

" 1. By way of derogation from the foregoing Article, the penalties which would have been the age of seventy years, or the age of 70 years of age, satisfy the conditions laid down in the previous Article, except for the termination of the sentence. three-quarters of that, the two-thirds or, where appropriate, half of the sentence, may obtain the suspension of the execution of the rest of the sentence and the granting of probation.

The same criterion will apply in the case of very serious patients with incurable conditions, and thus be accredited after the practice of medical reports which, at the discretion of the prison surveillance judge, are estimated required.

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

3. If the danger to the life of the inmate, because of his illness or of his advanced age, is patent, being so accredited by the opinion of the medical examiner and the medical services of the penitentiary establishment, the judge or tribunal may, without The need for proof of compliance with any other requirement and the lack of relevant danger of the penalty, to agree to the suspension of the execution of the rest of the sentence and to grant him the probation without further procedure than to require the the final forecast report to be able to make the assessment to be able to refers to the previous section.

In this case, the penalty will be required to provide the medical examiner, the medical examiner, or the other to be determined by the judge or tribunal, the information necessary to be able to assess the evolution of his or her disease.

Failure to comply with this obligation may result in the revocation of the suspension of execution and of probation.

4. The provisions set out in paragraphs 4, 5 and 6 of the previous Article are applicable to the case covered by this Article. "

Fifty-one. Article 92 is amended as follows:

" 1. The court will agree to the suspension of the execution of the reviewable permanent prison sentence when the following requirements are met:

(a) That the penalty has served twenty-five years of his conviction, without prejudice to the provisions of Article 78a for the cases regulated therein.

b) That is classified in third grade.

c) That the court, in the light of the personality of the penalty, its antecedents, the circumstances of the offence committed, the relevance of the legal assets which could be affected by a reiteration in the offence, its conduct during the execution of the sentence, its family and social circumstances, and the effects that can be expected of the suspension of the execution and of the enforcement of the measures that are imposed, can found, after assessment of the reports the evolution of the prison system and those of the specialists that the prison itself the existence of a favorable prognosis of social reinsertion.

In the event that the penalty has been for a number of offences, the examination of the requirements referred to in point (c) shall be carried out on the basis of all the offences committed.

The court will rule on the suspension of the permanent prison term reviewable after an oral adversarial procedure involving the Prosecutor's Office and the penalty, assisted by his lawyer.

2. In the case of offences relating to terrorist organisations and groups and terrorist offences under Chapter VII of Title XXII of Book II of this Code, it shall also be necessary for the penalty to show unequivocal signs of having abandoned the purposes and the means of terrorist activity and have actively collaborated with the authorities, either to prevent the production of other crimes by the terrorist organisation or group, or to mitigate the effects of their crime, either for the identification, capture and processing of perpetrators of terrorist offences, for obtaining evidence or for to prevent the action or development of the organisations or associations to which it has belonged or to which it has collaborated, which may be credited by means of an express declaration of repudiation of its criminal activities and of abandonment of the violence and an express request for forgiveness of victims of their crime, as well as for the technical reports that prove that the prisoner is really disengaged from the terrorist organization and the environment and activities of associations and collectives illegal ones that surround her and her collaboration with the authorities.

3. The suspension of the implementation shall be five to ten years. The period of suspension and probation shall be calculated from the date of release of the penalty. The rules contained in the second subparagraph of Article 80 (1) and Articles 83, 86, 87 and 91 are applicable.

The judge or tribunal, in view of the possible modification of the circumstances, may amend the decision which it had previously taken pursuant to Article 83, and agree to the imposition of new prohibitions, duties or benefits, the modification of those which have already been agreed, or the raising of such duties.

In addition, the prison surveillance judge will revoke the suspension of the execution of the rest of the sentence and the probation granted when a change of the circumstances that would have resulted in the sentence is revealed. (a) suspension which would no longer allow the prognosis of the lack of danger in which the decision was based to be maintained.

4. The part of the sentence referred to in point (a) of paragraph 1 of this Article or, where applicable, in Article 78a shall be extinguished, the court shall verify, at least every two years, that the other conditions of probation are met. The court shall also decide on requests for the granting of the probation of the penalty, but may fix a period of up to one year within which, after a request has been rejected, no further application shall be made. '

Fifty-two. Article 93 is deleted.

Fifty-three. A new Article 94 bis is added, with the following wording:

" For the purposes set out in this Chapter, the final convictions of judges or courts imposed in other States of the European Union shall have the same value as those imposed by the Spanish judges or courts unless their have been cancelled or may be cancelled in accordance with Spanish law. '

Fifty-four. The heading of Title V of Book I, which is renamed:

"TITLE V. Of civil liability arising from criminal offences and costs."

Fifty-five. Article 109 (1) is amended as follows:

" 1. The execution of a fact described by law as a crime requires that the damages and damages caused by the law be repaired in the terms provided for in the laws. "

Fifty-six. Article 111 (1) is amended and read as follows:

" 1. It shall be returned, where possible, the same good, with the result of the deterioration and damage which the judge or tribunal shall determine. The refund shall take place even if the property is held by the third party and has acquired it legally and in good faith, leaving the right of repetition to the person concerned and, where appropriate, the right to be compensated by the civil liability of the crime. "

Fifty-seven. Article 116 (1) is amended and read as follows:

" 1. Every person criminally responsible for a crime is also civilly if the fact is caused by damages. If it is two or more those who are responsible for a crime, the judges or courts will point out the fee for each one to answer. "

Fifty-eight. Article 120 is amended, which is worded as follows:

" They are also civilly responsible, in default of those who are criminally responsible:

1. The parents or guardians, for the damages caused by the crimes committed by those over eighteen years of age who are subject to their parental rights or guardianship and who live in their company, provided that they are at fault or negligence.

2. º Natural or legal persons holding editorials, newspapers, magazines, radio or television stations or any other means of broadcast, spoken or visual, for crimes committed using the media of which they are the holders, leaving the provisions of Article 212 to the contrary.

3. The natural or legal persons, in cases of crimes committed in the establishments of which they are the holders, when, by those who direct or administer them, or their dependents or employees, have been infringed the police regulations or the provisions of the authority which are related to the punishable act, in such a way that it would not have occurred without such an infringement.

4. The natural or legal persons engaged in any kind of industry or commerce, for the crimes committed by their employees or dependents, representatives or managers in the performance of their duties or services.

5. The natural or legal persons holding vehicles liable to create risks for third parties, for crimes committed in the use of those by their dependents or authorised representatives or persons. "

Fifty-nine. Article 122 is amended and read as follows:

"He who, by a profit, has participated in the effects of a crime, is obliged to return the matter or to compensate for the damage up to the amount of his participation."

Sixty. Article 123 is amended as follows:

"Procedural costs are understood by law to be criminally responsible for any crime."

Sixty-one. Article 127 is amended, which is worded as follows:

" 1. Any penalty imposed for a criminal offence shall bear with it the loss of the effects of it and of the goods, means or instruments with which it has been prepared or executed, as well as the proceeds from the crime, are the transformations that you might have experienced.

2. In cases where the law provides for the imposition of a custodial sentence of more than one year by the commission of an imprudent offence, the judge or tribunal may agree to the loss of the effects arising therefrom and the goods, means or instruments that have been prepared or executed, as well as proceeds from the offense, whatever transformations they might have experienced.

3. If, in any event, the confiscation of the goods referred to in the preceding paragraphs of this Article is not possible, the confiscation of other goods shall be agreed upon for an amount corresponding to the economic value of the goods, and earnings that would have been obtained from them. Similarly, the confiscation of certain goods, effects or profits will be agreed upon, but their value is lower than they were at the time of their acquisition. "

Sixty-two. An article 127a is introduced, which shall be as follows:

" 1. The judge or tribunal shall also order the confiscation of the property, effects and profits belonging to a person convicted of any of the following offences when he or she resolves, on the basis of objective evidence, that the goods or effects come from a criminal activity, and its lawful origin is not credited:

a) Crimes of trafficking in human beings.

b) Crimes relating to prostitution and sexual exploitation and corruption of minors and offences of sexual abuse and sexual assault of children under sixteen years of age.

(c) Computer crimes in Article 197 (2) and (3) and Article 264.

d) Crimes against heritage and against the socio-economic order in cases of criminal continuity and recidivism.

e) Crimes relating to the insolvencies punishable.

f) Crimes against intellectual or industrial property.

g) Crimes of corruption in business.

(h) Offences for the reception of Article 298 (2).

i) Money laundering crimes.

j) Crimes against Public Finance and Social Security.

k) Crimes against workers ' rights from Articles 311 to 313.

l) Crimes against the rights of foreign citizens.

m) Public health crimes of articles 368 to 373.

n) Currency counterfeit offenses.

o) Co-made offenses.

p) Misuse offenses.

q) Crimes of terrorism.

r) Crimes committed within an organization or criminal group.

2. For the purposes of paragraph 1 of this Article, the following indicia shall be assessed in particular:

1. º The disproportion between the value of the goods and effects in question and the lawful income of the sentenced person.

2. The concealment of the ownership or any power of disposition on the goods or effects by the use of natural or legal persons or entities without legal personality interposed, or tax havens or territories of zero taxation that conceal or hinder the determination of the true ownership of the goods.

3. The transfer of goods or effects by means of operations that hinder or impede their location or destination and which lack a valid legal or economic justification.

3. In these cases, the provisions of paragraph 3 of the previous Article shall also apply.

4. If subsequently convicted by similar criminal acts committed before, the judge or tribunal shall assess the extent of the previous seizure agreed upon in the confiscation in the new proceeding.

5. The confiscation referred to in this Article shall not be agreed upon where the criminal activities of which the goods or effects come from have been prescribed or have already been the subject of a criminal proceedings settled by an absolute judgment or judgment of overment with the effects of res judicata. '

Sixty-three. An Article 127b is added, which is worded as follows:

" 1. The judge or tribunal may agree to the confiscation provided for in the foregoing articles even if it does not measure a sentence of conviction, where the unlawful assets are established in an adversarial process and are one of the following assumptions:

(a) That the subject has passed away or suffers from a chronic disease that prevents their prosecution and there is a risk that they may prescribe the facts,

b) is in absentia and this prevents the facts from being prosecuted within a reasonable time, or

c) is not liable to be exempt from criminal liability or for being extinguished.

2. The confiscation referred to in this Article may only be directed against the person who has been formally charged or against the defendant in relation to which there are rational indications of criminality where the situations referred to in paragraph 1 had prevented the continuation of the criminal procedure. "

Sixty-four. An article 127 c is added, with the following wording:

" 1. Judges and courts may also agree to the confiscation of the goods, effects and profits referred to in previous articles which have been transferred to third parties, or of a value equivalent to them, in the following cases:

(a) In the case of effects and profits, when they have acquired them with knowledge that they come from an illicit activity or when a diligent person would have had reason to suspect, in the circumstances of the case, of their illicit origin.

(b) In the case of other goods, when they had acquired them with knowledge that their seizure was in this way difficult or when a diligent person would have had grounds to suspect, in the circumstances of the case, that This method was difficult to confiscate.

2. Unless proof to the contrary, the third party is presumed to have known or has had reason to suspect that the goods were from an illicit activity or that they were transferred in order to prevent their confiscation, where the goods or effects would have been transferred to a free title or for a price lower than the actual market price. '

Sixty-five. An article 127 quinquies is added, with the following wording:

" 1. Judges and courts may also agree to the confiscation of property, effects and profits arising from the prior criminal activity of the sentenced person, where the following requirements are met, cumulatively,:

(a) That the subject is or has been convicted of any of the offences referred to in Article 127 bis.1 of the Criminal Code.

b) That the offence has been committed in the context of continued criminal activity.

(c) There are reasonable indications that a relevant part of the estate of the penalty is derived from prior criminal activity.

These are relevant hints:

1. º The disproportion between the value of the goods and effects in question and the lawful income of the sentenced person.

2. The concealment of the ownership or any power of disposition on the goods or effects by the use of natural or legal persons or entities without legal personality interposed, or tax havens or territories of zero taxation that conceal or hinder the determination of the true ownership of the goods.

3. The transfer of goods or effects by means of operations that hinder or impede their location or destination and which lack a valid legal or economic justification.

The provisions of the preceding paragraph shall apply only where they have established evidence that the subject has, on the basis of his criminal activity, obtained a benefit exceeding EUR 6,000.

2. For the purposes of the preceding paragraph, the offence shall be deemed to have been committed in the context of continued criminal activity provided that:

(a) The subject is either convicted or has been convicted in the same procedure for three or more offences for which a direct or indirect economic benefit has been derived, or for a continued offence including, less, three criminal offences for which a direct or indirect economic benefit has been derived.

b) Or in the period of six years preceding the start of the proceedings in which he has been convicted of any of the offences referred to in Article 127a of the Criminal Code, he would have been convicted of two or more crimes for which an economic benefit would have been derived, or for a continued offence involving at least two criminal offences for which an economic benefit has been derived. '

Sixty-six. An article 127 sexies is introduced, which will have the following wording:

" For the purposes of the preceding article, the following assumptions shall apply:

1. It shall be presumed that all goods acquired by the sentenced person within the period of time commencing six years before the date of the opening of the criminal proceedings, come from his criminal activity.

For these purposes, it is understood that the goods have been acquired at the earliest date on which the subject has been placed.

2. It is presumed that all expenses incurred by the penalty during the period of time referred to in the first paragraph of the preceding number were paid with funds from their criminal activity.

3. It is assumed that all the goods referred to in the number 1 were acquired free of charge.

The judge or tribunal may agree that the previous presumptions are not applied in relation to certain goods, effects or profits, where, in the specific circumstances of the case, incorrect or disproportioned. "

Sixty-seven. An article 127 septies is added, with the following wording:

" If the execution of the seizure could not have been carried out, in whole or in part, because of the nature or situation of the goods, effects or profits in question, or for any other circumstance, the judge or tribunal may, by order, agree to the confiscation of other goods, including from lawful origin, belonging to the criminally responsible for the fact of a value equivalent to that of the non-executed part of the confiscation initially agreed.

Likewise, when the seizure of certain goods, effects or profits is agreed, but their value is lower than they were at the time of their acquisition. "

Sixty-eight. An article 127 octies is added, which will have the following wording:

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

2. It shall be for the judge or tribunal to resolve, in accordance with the provisions of the Law on Criminal Procedure, the advance or provisional use of the goods and effects.

3. The goods, instruments and profits seized by final decision, unless they are intended for the payment of compensation to the victims, shall be awarded to the State, which shall give them the destination that is legally or legally available. "

Sixty-nine. Article 129 (1) and (2) are amended as follows:

" 1. In the case of offences committed within the framework, with the collaboration, through or through undertakings, organisations, groups or any other class of entities or groups of persons who, because they lack legal personality, are not included in the Article 31a, the judge or tribunal may impose on such undertakings, organisations, groups, entities or groups one or more ancillary consequences to the penalty corresponding to the author of the offence, with the content provided for in the points (c) to (g) of Article 33 (7). It may also agree to a definitive ban on carrying out any activity, even if it is lawful.

2. The ancillary consequences referred to in the preceding paragraph may be applied only to undertakings, organisations, groups or entities or groups in that referred to when this Code expressly provides for, or in the case of the offences for which he himself allows legal persons to be held liable for criminal liability. "

Seventy. A new Article 129a is added with the following wording:

" If convicted by the commission of a serious crime against life, the integrity of persons, liberty, freedom or sexual indemnity, terrorism, or any other serious crime involving a serious risk for the life, health or physical integrity of persons, where the circumstances of the event, background, assessment of their personality, or other available information may be assessed as there is a relevant danger of criminal reiteration, the judge or tribunal may agree on the taking of biological samples of his person and the execution of analysis for obtaining DNA identifiers and registering them in the police database. Only the tests necessary to obtain the identifiers that provide, exclusively, genetic information revealing the identity of the person and their sex may be carried out.

If the person concerned is opposed to the collection of the samples, his enforcement may be imposed by the use of the minimum co-active measures essential for its implementation, which must in any event be proportionate to the circumstances of the case and respectful of their dignity. "

Seventy-one. Article 130 (1) and Article 130 (1) are amended as

:

"3. º For the definitive remission of the penalty, as provided for in Article 87 (1) and (2)."

" 5. For the forgiveness of the offended, in the case of minor crimes that can be pursued at the behest of the aggrieved or the law so provides. Forgiveness must be expressly granted before a judgment has been given, to which effect the judge or court of judgment shall hear the offence for the offence before it is issued.

In crimes against minors or persons with disabilities in need of special protection, judges or courts, heard by the Prosecutor's Office, will be able to reject the effectiveness of the pardon granted by the representatives of those, ordering the continuation of the procedure, with the intervention of the Prosecutor's Office, or the enforcement of the sentence.

To reject the pardon referred to in the preceding paragraph, the judge or tribunal shall again hear the representative of the child or person with disabilities in need of special protection. "

Seventy-two. Article 131 is amended as follows:

" 1. The offences prescribe:

At the age of twenty, when the maximum penalty for the crime is 15 or more years.

At fifteen, when the maximum penalty indicated by the law is disablement for more than ten years, or imprisonment for more than ten years and less than fifteen years.

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

At five, all other crimes, except for minor crimes and crimes of injury and slander, which they prescribe each year.

2. When the penalty indicated by the law is composed, it will be, for the application of the rules included in this article, to which it requires more time for the prescription.

3. Crimes against humanity and genocide and crimes against persons and property protected in the event of armed conflict, other than those referred to in Article 614, shall in no case be prescribed.

They will also not prescribe terrorist offences, if they have caused the death of a person.

4. In the case of a contest for infringements or related offences, the limitation period shall be that which corresponds to the most serious offence. '

Seventy-three. Article 132 is amended as follows:

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

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

2. The prescription will be interrupted, with no effect on the elapsed time, when the procedure is directed against the person who is directly responsible for the crime, starting to run again since the procedure is paralyzed or terminated without delay. conviction according to the following rules:

1. The procedure against a given person shall be understood from the moment when, when the cause or after the case is opened, a reasoned judicial decision is given in which his alleged participation in the case is attributed to him. a fact that can be a criminal offence.

2. However, the filing of the complaint or the complaint filed with a judicial body, in which a person determined his alleged participation in a fact that can be a criminal offence, is attributed to a given person, suspend the calculation of the prescription for a maximum period of six months, from the same date of filing of the complaint or the formulation of the complaint.

If within that period is issued against the complaint or denounced, or against any other person involved in the facts, any of the judicial decisions mentioned in the rule 1. It shall be retroactively understood to be, for all intents and purposes, at the date of filing of the complaint or complaint.

On the contrary, the computation of the term of limitation shall continue from the date of filing of the complaint or denunciation if, within the period of six months, a firm judicial decision of inadmission to the proceedings of the complaint is (a) the procedure against the person who has been complained of or who has been complained of is not to be addressed. The continuation of the computation shall also occur if, within that period, the judge of instruction shall not adopt any of the resolutions provided for in this article.

3. For the purposes of this Article, the person against whom the procedure is addressed must be sufficiently determined in the judgment, either by direct identification or by means of data which may subsequently be specified. such identification within the organisation or group of persons to whom the event is attributed. "

Seventy-four. The current content of Article 134 (1) shall be numbered and a paragraph 2 shall be added, with the following wording:

" 2. The time limit for the penalty is suspended:

a) During the period of suspension of the execution of the penalty.

(b) During the performance of other penalties, where the provisions of Article 75 are applicable. "

Seventy-five. Article 136 is amended as follows:

" 1. Those convicted who have extinguished their criminal liability have the right to obtain from the Ministry of Justice, on their own initiative or at the request of a party, the cancellation of their criminal records, when they have elapsed without having returned to the Following deadlines:

a) Six months for minor penalties.

(b) Two years for penalties that do not exceed twelve months and those imposed for reckless crimes.

c) Three years for the remaining less severe sentences of less than three years.

d) Five years for the remaining less severe penalties equal to or greater than three years.

e) Ten years for severe penalties.

2. The time limits referred to in the preceding paragraph shall be counted from the day following that in which the penalty is extinguished, but if this occurs by conditional remission, the time limit, after obtaining the final remission, shall be computed by rolling back the day following the day on which the penalty was paid if the benefit was not enjoyed. In this case, it will be taken as the starting date for the computation of the duration of the penalty the day following the granting of the suspension.

3. The penalties imposed on legal persons and the ancillary consequences of Article 129 shall be cancelled within the appropriate time limit, in accordance with the rule provided for in paragraph 1 of this Article, unless the dissolution or the definitive prohibition of activities. In such cases, the log shall be cancelled after fifty years from the day following the finality of the judgment.

4. The registration of criminal records in the different sections of the Central Register of Penados and Rebels will not be public. During its term, only certifications will be issued with the limitations and guarantees provided for in its specific rules and in the cases established by law. In any case, the court or tribunal shall be free to apply, whether or not to refer to cancelled registrations, expressly stating the latter circumstance.

5. In cases where, despite the requirements laid down in this article for cancellation, the latter has not been produced, the judge or tribunal, credited with such circumstances, shall not take into account such antecedents. "

Seventy-six. Article 138 is amended as follows:

" 1. He who will kill another will be punished, as a homicide inmate, with the prison sentence of ten to fifteen years.

2. The facts will be punished with the highest penalty in the following cases:

(a) where one of the circumstances of Article 140 (1) is present in its committee, or

(b) where the facts are also constitutive of an offence of attack of Article 550. "

Seventy-seven. Article 139 is amended as follows:

" 1. He will be punished with the imprisonment of fifteen to twenty-five years, as an inmate of murder, that I will kill another one of the following circumstances:

1. With Alevosia.

2. th By price, reward, or promise.

3. With ensing, deliberately and inhumanely increasing the pain of the offended.

4. To facilitate the commission of another crime or to prevent it from being discovered.

2. Where more than one of the circumstances referred to in the previous paragraph is present, the penalty shall be imposed in its upper half. '

Seventy-eight. Article 140 is amended to read as follows:

" 1. The murder shall be punishable by a permanent reviewable prison sentence when any of the following circumstances are present:

1. The victim is less than sixteen years of age, or is a particularly vulnerable person due to age, disease or disability.

2. That the fact was subsequently a crime against the sexual freedom that the author would have committed on the victim.

3. That the offence would have been committed by the person belonging to a criminal group or organisation.

2. The murder inmate who would have been convicted in the death of more than two people will be given a permanent, reviewable prison term. In this case, the provisions of Article 78a (1) (b) and point (b) of paragraph 2 of the same Article shall apply. "

Seventy-nine. A new Article 140a is inserted, with the following wording:

"To those convicted by the commission of one or more offences included in this Title, they may also be subject to a measure of probation."

Eighty. Article 142 is amended as follows:

" 1. The one who, by gross recklessness, will cause the death of another, will be punished, as an inmate of reckless homicide, with the prison sentence of one to four years.

If reckless homicide has been committed using a motor vehicle or a moped, the right to drive motor vehicles and mopeds from one to six years shall also be imposed.

If reckless homicide had been committed using a firearm, the penalty for the right to carry or hold weapons for one to six years shall also be imposed.

If the homicide has been committed for professional recklessness, the penalty of special disablement shall be imposed for the exercise of the profession, trade or office for a period of three to six years.

2. The one who for less serious recklessness will cause the death of another, will be punished with the penalty of fine of three months to eighteen months.

If the homicide has been committed using a motor vehicle or a moped, it may also be possible to impose the penalty of deprivation of the right to drive motor vehicles and mopeds from three to eighteen months.

If the homicide had been committed using a firearm, it may also be possible to impose the penalty of deprivation of the right to carry or hold weapons for three to eighteen months.

The offence provided for in this paragraph shall only be punishable by denunciation of the person concerned or his legal representative. "

Eighty-one. Article 147 is amended as follows:

" 1. The person who, by any means or procedure, will cause another injury that damages his bodily integrity or his physical or mental health, will be punished, as an inmate of the crime of injury with the imprisonment of three months to three years or fine of six to twelve months, provided that the injury objectively requires for health, in addition to a first medical or surgical treatment. Simple monitoring or optional follow-up to the injury course will not be considered as medical treatment.

2. The one who, by any means or procedure, will cause another injury not included in the previous section, will be punished with the penalty of fine of one to three months.

3. The one who will beat or mistreat another without injury will be punished with the penalty of one to two months.

4. The offences referred to in the previous two paragraphs shall only be punishable by denunciation of the person concerned or his legal representative. '

Eighty-two. Article 152 is amended as follows:

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

1. With the imprisonment of three to six months or a fine of six to eighteen months, if the injury is dealt with in Article 147 (1).

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

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

If the facts have been committed using a motor vehicle or a moped, the right to drive motor vehicles and mopeds from one to four years shall also be imposed.

If the injuries have been caused using a firearm, the right to carry or hold weapons for one to four years shall also be imposed.

If the injuries have been committed by professional recklessness, the penalty of special disablement shall be imposed for the exercise of the profession, trade or office for a period of six months to four years.

2. The less serious recklessness of any of the injuries referred to in Articles 149 and 150 shall be punishable by a penalty of fine from three months to twelve months.

If the facts have been committed using a motor vehicle or a moped, it may also be possible to impose the penalty of deprivation of the right to drive motor vehicles and mopeds from three months to one year.

If the injuries were caused by using a firearm, it may also be possible to impose the penalty of deprivation of the right to carry or hold weapons for three months to one year.

The offence provided for in this paragraph shall only be punishable by denunciation of the person concerned or his legal representative. "

Eighty-three. Article 153 (1) is amended as follows:

" 1. The person who, by any means or procedure, shall cause another mental impairment or injury of a lesser severity than those provided for in Article 147 (2), or shall strike or mistreat another person without injury, when the offence is or has been spouse, or woman who is or has been linked to it by an analogous relationship of affectivity even without coexistence, or especially vulnerable person who coexists with the author, will be punished with the imprisonment of six months to one year or of works in benefits of the community of thirty-one to eighty days and, in any case, deprivation of the right to tenure and transport of weapons of one year and one day to three years, as well as, when the judge or tribunal considers it appropriate to the interest of the minor or person with disabilities in need of special protection, disablement for the exercise of the fatherland power, guardianship, curatela, save or receive up to five years. "

Eighty-four. Article 156 is amended, which will have the following wording:

" By way of derogation from the foregoing article, the consent valid, free, conscious and expressly issued exempts from criminal responsibility in the cases of organ transplantation carried out according to the provisions of the 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 minor or has absolutely no aptitude to lend it, in whose case will not be valid by the latter or by his legal representatives.

It shall not be punishable by the sterilisation agreed by the court in the case of persons who are permanently unable to provide the consent referred to in the preceding paragraph, provided that they are supposed to be exceptional cases in which there is a serious conflict of protected legal goods, in order to safeguard the greatest interest of the affected legal goods, in accordance with the provisions of civil law. "

Eighty-five. A new Article 156 ter is added, with the following wording:

" To those convicted by the commission of one or more offences falling within this Title, where the victim is one of the persons referred to in Article 173 (2), a measure of freedom may also be imposed on them. monitored. "

Eighty-six. Article 166 is amended and read as follows:

" 1. The prisoner of illegal detention or kidnapping who does not reason for the whereabouts of the arrested person will be punished with a sentence of imprisonment of ten to fifteen years, in the case of illegal detention, and fifteen to twenty years in the kidnapping.

2. The fact will be punished with a sentence of fifteen to twenty years in prison, in the case of illegal detention, and twenty to twenty-five years in prison, in the case of kidnapping, when one of the following circumstances concurs:

a) That the victim be a minor or disabled person in need of special protection.

b) That the author has carried out the unlawful arrest or abduction with the intention of violating the victim's freedom or sexual indemnity, or has subsequently acted for that purpose. "

Eighty-seven. Article 167 is amended as follows:

" 1. The public authority or official who, outside of the cases permitted by law, and without a cause for offence, committed any of the facts described in this Chapter shall be punished with the penalties respectively provided for in these, in its half above, reaching the top to the highest degree.

2. With the same penalties they will be punished:

(a) The public official or authority who, by way of or does not cause for a crime, shall agree, practice or prolong the deprivation of liberty of any person and who does not recognise such deprivation of liberty or, in any other manner, conceal the situation or whereabouts of that person by depriving them of their constitutional or legal rights.

(b) The particular person who has carried out the events with the authorization, support or acquiescence of the State or its authorities.

3. In all cases where the facts referred to in this Article have been committed by public authority or official, they shall also be subject to the penalty of absolute disablement for eight to twelve years. "

Eighty-eight. A paragraph 7 is added to Article 171, with the following content:

" 7. Outside of the previous cases, the one who in a mild way threatens another will be punished with the penalty of fine of one to three months. This fact will only be pursued through the complaint of the person who has been wronged or his legal representative.

Where the offence is one of the persons referred to in Article 173 (2), the penalty shall be that of permanent location of five to thirty days, always at a different address and away from that of the victim; or works for the benefit of the community of five to 30 days, or a fine of one to four months, the latter only in cases where the circumstances referred to in Article 84 (2) are met. In such cases, the complaint referred to in the preceding paragraph shall not be required. "

Eighty-nine. A paragraph 3 is added to Article 172, with the following content:

" 3. Outside of the previous cases, the one that causes to another a coaction of a slight character, will be punished with the penalty of fine of one to three months. This fact will only be pursued through the complaint of the person who has been wronged or his legal representative.

Where the offence is one of the persons referred to in Article 173 (2), the penalty shall be that of permanent location of five to thirty days, always at a different address and away from that of the victim; or works for the benefit of the community of five to 30 days, or a fine of one to four months, the latter only in cases where the circumstances referred to in Article 84 (2) are met. In such cases, the complaint referred to in the preceding paragraph shall not be required. "

Ninety. An Article 172a is added, with the following content:

" 1. The person who, with serious intimidation or violence, compels another person to marry, shall be punished with a sentence of imprisonment of six months to three years and six months or with a fine of twelve to twenty-four months, depending on the seriousness of the action or the employees.

2. The same penalty shall be imposed on those who, in order to commit the facts referred to in the previous paragraph, use violence, serious intimidation or deception to force another to leave the Spanish territory or not to return to it.

3. Penalties shall be imposed in their upper half when the victim is a minor. "

Ninety-one. A new article 172 b is introduced, with the following content:

" 1. It shall be punishable by imprisonment of three months to two years or a fine of six to twenty-four months for the person who has acted insistently and repeatedly, and without being legitimately authorized, of any of the following and, of This way, seriously alters the development of your everyday life:

1. Watch her, pursue her or seek her physical closeness.

2. Set or try to contact her through any media, or by third parties.

3. Through the misuse of your personal data, purchase goods or goods, or hire services, or make third parties contact you.

4. Atente against your freedom or against your patrimony, or against the freedom or patrimony of another person close to it.

If this is a particularly vulnerable person because of his age, illness or situation, the prison term of six months to two years will be imposed.

2. Where the offence is one of the persons referred to in Article 173 (2), a prison sentence of one to two years shall be imposed, or work for the benefit of the community of sixty a hundred and twenty days. In this case, the complaint referred to in paragraph 4 of this Article shall not be required.

3. The penalties provided for in this Article shall be without prejudice to those which may correspond to the offences in which the acts of harassment have been carried out.

4. The facts described in this article shall only be pursued by denunciation of the person concerned or his legal representative. "

Ninety-two. Paragraph 2 is amended and a new paragraph 4 is inserted in Article 173, with the following wording:

" 2. The person who habitually exercises physical or mental violence on who is or has been his or her spouse or on a person who is or has been linked to him by an analogous relationship of affectivity even without coexistence, or on the descendants, ascendants or Siblings by nature, adoption or affinity, own or spouse or living, or on minors or persons with disabilities in need of special protection who with their living or who are subject to the authority, guardianship, curatela, welcoming or guardian of the spouse or living person, or on a person covered by any other relationship by which is integrated into the core of their family life, as well as people who, due to their special vulnerability, are held in custody or kept in public or private centers, will be punished with the prison term of six months three years, deprivation of the right to hold and carry weapons of three to five years and, where appropriate, when the judge or tribunal considers it appropriate to the interest of the child or person with disabilities in need of special protection, special disablement for the exercise of the fatherland power, guardianship, curatelle, guardian or reception for time of one to five years, without prejudice to any penalties that may be applicable to the offences in which the acts of physical or mental violence have been carried out.

The penalties shall be imposed in their upper half when some or some of the acts of violence are perpetrated in the presence of minors, or using weapons, or take place at the common address or at the address of the victim, or (a) carry out a breach of a penalty referred to in Article 48 or a precautionary or safety measure or a prohibition of the same nature.

In the cases referred to in this paragraph, a measure of probation may also be imposed. "

" 4. Any person who causes injury or unfair abuse of a minor nature, where the offence is one of the persons referred to in Article 173 (2), shall be punishable by a permanent location of five to thirty days, always at home different from that of the victim, or works for the benefit of the community of five to thirty days, or a fine of one to four months, the latter only in the cases in which the circumstances referred to in Article 2 (2) are met. 84.

The injuries will only be pursued through the complaint of the aggrieved person or his legal representative. "

Ninety-three. Article 177 is amended, which is worded as follows:

" If in the offences described in the preceding articles, in addition to the attack on moral integrity, injury or damage to the life, physical integrity, health, sexual freedom or property of the victim or a third party is produced, shall punish the acts separately with the penalty for the offences committed, except where the offence is already particularly punishable by law. "

Ninety-four. Article 17a (1) and (4) are amended as follows:

" 1. It shall be punishable by five to eight years in prison as a prisoner of human trafficking, whether on Spanish territory, from Spain, in transit or destined for it, using violence, intimidation or deception, or by abusing a situation of superiority or of necessity or of vulnerability of the national or foreign victim, or by the delivery or receipt of payments or benefits to obtain the consent of the person who possessed the control over the victim, the captare, transportare, transfer, receive, or receive, including the exchange or transfer of control over these persons, for any of the following purposes:

(a) The imposition of labor or forced services, slavery or practices similar to slavery, servitude or begging.

b) Sexual exploitation, including pornography.

c) Exploitation to perform criminal activities.

d) The removal of your body organs.

e) The celebration of forced marriages.

There is a situation of need or vulnerability when the person in question has no alternative, real or acceptable, to submit to abuse. "

" 4. The higher penalty shall be imposed in grade as provided for in the first paragraph of this Article when:

(a) the life or physical or mental integrity of the persons subject to the offence would have been endangered;

(b) the victim is particularly vulnerable due to illness, gestational status, disability or personal situation, or minor.

If more than one circumstance concurs, the penalty will be imposed in its upper half. "

Ninety-five. Article 182 (1) is amended and read as follows:

" 1. The fact that, by intervening deception or by abusing a recognized position of trust, authority or influence over the victim, acts of a sexual character with a person of more than sixteen years and less than eighteen years, shall be punished with the imprisonment of one to three years. "

Ninety-six. The heading of Chapter IIa of Title VIII of Book II is amended, which shall be worded as follows:

" Chapter IIa. From sexual abuse and assault to children under sixteen. "

Ninety-seven. Article 183 is amended, which will have the following wording:

" 1. The one who will perform acts of a sexual character with a child of less than sixteen years, will be punished as responsible for sexual abuse to a minor with the imprisonment of two to six years.

2. Where the facts are committed using violence or intimidation, the person responsible shall be punished for the offence of sexual assault of a child with a sentence of five to ten years in prison. The same penalties shall be imposed where, by means of violence or intimidation, a child of less than 16 years of age shall be involved in acts of a sexual nature with a third party or in respect of himself.

3. Where the attack consists of carnal, anal or oral access, or the introduction of body members or objects by one of the first two ways, the person responsible shall be punished with the imprisonment of eight to twelve years in the case of the paragraph 1, and with the penalty of 12 to 15 years, in the case of paragraph 2.

4. The conduct provided for in the previous three paragraphs shall be punishable by the corresponding imprisonment in its superior half when one of the following circumstances is present:

(a) When the victim's limited intellectual or physical development, or the fact of having a mental disorder, has placed her in a situation of total defensiveness and in any case, when she is under the age of four.

b) When the facts are committed by the joint action of two or more people.

(c) When violence or intimidation exercises a particularly degrading or vexatious character.

(d) When, for the execution of the offence, the person responsible has become invalid of a relationship of superiority or kinship, for being ascending, or brother, by nature or adoption, or related, with the victim.

e) When the culprit has been put in danger, in a painful manner or by serious recklessness, the life or health of the victim.

(f) Where the offence has been committed within an organisation or a criminal group which shall be engaged in carrying out such activities.

5. In all cases provided for in this Article, where the guilty party has become an official of his or her authority, agent or public servant, the sentence shall also be imposed for an absolute disablement of six to twelve years. "

Ninety-eight. Article 183a is amended, which will have the following wording:

" He who, for sexual purposes, determines to a child of sixteen years to participate in a behavior of a sexual nature, or to make him witness acts of a sexual character, even if the author does not participate in them, will be punished with a prison term of six months to two years.

If you had witnessed sexual abuse, even if the author had not participated in them, a prison sentence of one to three years would be imposed. "

Ninety-nine. An article 183 ter is added, with the following content:

" 1. The person who, through the Internet, the telephone or any other information and communication technology, contacts with a child of less than sixteen years and proposes to arrange a meeting with him in order to commit any of the crimes described in Articles 183 and 189, provided that such a proposal is accompanied by material acts aimed at bringing it closer together, shall be punishable by one to three years ' imprisonment or a fine of 12 to 24 months, without prejudice to the penalties applicable to the the offences in their case committed. Penalties shall be imposed in their upper half when the approach is obtained by coercion, intimidation or deception.

2. The Internet, telephone or any other information and communication technology, contact a child of sixteen years old and perform acts directed to you to give you pornographic material or show you images pornographic in which a child is represented or appears, will be punished with a prison term of six months to two years. "

Hundred. A new Article 183 c is added, with the following content:

"The free consent of the youngest of sixteen years shall exclude criminal liability for the offences provided for in this Chapter, where the author is a person close to the child by age and degree of development or maturity."

One hundred. The heading of Chapter V of Title VIII of Book II is amended as follows:

" Chapter V.

Of crimes relating to prostitution and sexual exploitation and corruption of minors. "

One hundred two. Article 187 is amended as follows:

" 1. The fact that, using violence, intimidation or deception, or abusing a situation of superiority or of necessity or vulnerability of the victim, determines to an elderly person to exercise or to remain in prostitution, will be punished with the from two to five years imprisonment and a fine of twelve to twenty-four months.

The prison sentence of two to four years will be imposed, and a fine of twelve to twenty-four months will be imposed on anyone who has exploited the prostitution of another person, even with the consent of another person. In any case, exploitation shall be understood where one of the following conditions is present:

a) That the victim is in a situation of personal or economic vulnerability.

b) That burdensome, disproportionate or abusive conditions are imposed on you for the exercise.

2. The penalties provided for in the above paragraphs shall be imposed in their upper half, in their respective cases, where one of the following conditions is met:

(a) When the culprit has become invalid of his status as an authority, agent of this or public official. In this case it will also apply the absolute disablement penalty of six to twelve years.

b) When the culprit belongs to an organization or criminal group that will be dedicated to the realization of such activities.

(c) Where the culprit has been endangered, in a dolous manner or by serious recklessness, the life or health of the victim.

3. The penalties identified shall be imposed in their respective cases, without prejudice to those which correspond to the sexual assault or abuse committed on the prostituted person. "

One hundred three. Article 188 is amended, which will have the following wording:

" 1. The one that induces, promotes, favors or facilitates the prostitution of a minor or a person with a disability in need of special protection, or is lucre with it, or explodes in some other way a minor or a person with disabilities for these ends, will be punished with prison sentences of two to five years and fine of twelve to twenty-four months.

If the victim is less than sixteen years, the prison sentence of four to eight years and a fine of twelve to twenty-four months will be imposed.

2. If the facts described in the previous paragraph were committed with violence or intimidation, in addition to the fine penalties provided for, the prison sentence of five to ten years shall be imposed if the victim is less than sixteen years, and the prison sentence of four to six years in other cases.

3. Penalties shall be imposed in excess of the penalties provided for in the preceding paragraphs, in their respective cases, where one of the following conditions is present:

a) When the victim is especially vulnerable, because of his age, illness, disability or situation.

(b) When, for the execution of the offence, the person responsible has become a victim of a relationship of superiority or kinship, as an ascending, descendant or brother, by nature or adoption, or related, with the victim.

(c) When, for the execution of the offence, the person responsible for the crime has become an official of his or her authority, agent or public official. In this case, an absolute disablement penalty of six to twelve years will also be imposed.

(d) When the culprit has been endangered, in a dolous manner or by serious recklessness, the life or health of the victim.

e) When the facts have been committed by the joint action of two or more persons.

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

4. The person requesting, accepting or obtaining, in exchange for a remuneration or promise, a sexual relationship with a minor person or a person with disabilities in need of special protection, will be punished with a sentence of one to four years in prison. If the child has not been sixteen years of age, a sentence of two to six years will be imposed.

5. The penalties referred to shall be imposed in their respective cases, without prejudice to those relating to offences against freedom or sexual indemnity committed on minors and persons with disabilities in need of special protection. "

One hundred four. Article 189 is amended with the following wording:

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

(a) The one that I will capture or use for minors or persons with disabilities in need of special protection for purposes or in exhibitionist or pornographic shows, both public and private, or to elaborate any class of pornographic material, whatever their support, or I will fund any of these activities or I will profit with them.

(b) The one that produces, sells, distributes, exhibits, offers or facilitates the production, sale, distribution or display by any means of child pornography or in whose manufacture persons with (a) a disability which is in need of special protection, or is possessed for these purposes, even if the material has its origin abroad or is unknown.

For the purposes of this Title, child pornography is considered to be child pornography or in whose preparation persons with disabilities have been used in need of special protection:

(a) Any material that visually represents a minor or a person with disabilities in need of special protection by engaging in sexually explicit, real or simulated conduct.

b) All representation of the sexual organs of a minor or person with disabilities in need of special protection for primarily sexual purposes.

c) Any material that visually represents a person who appears to be a minor engaging in sexually explicit, real or simulated conduct, or any representation of the sexual organs of a person who appears be a minor, for primarily sexual purposes, unless the person who appears to be a minor is actually eighteen years or older at the time of obtaining the images.

d) Realistic images of a minor engaging in sexually explicit conduct or realistic images of the sexual organs of a minor, for primarily sexual purposes.

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

a) When used for children under sixteen years.

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

c) When pornographic material represents minors or persons with disabilities in need of special protection who are victims of physical or sexual violence.

(d) When the culprit has been endangered, in a dolous manner or by serious recklessness, the life or health of the victim.

e) When pornographic material is of major importance.

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

g) When the person responsible is ascending, guardian, curator, keeper, teacher or any other person in charge, in fact, even if provisionally, or in law, of the minor or person with disabilities in need of special protection, or any other member of your family living with him or another person who has acted by abusing his or her recognised position of trust or authority.

h) When the recidivism aggravation is present.

3. If the facts referred to in point (a) of the first subparagraph of paragraph 1 have been committed with violence or intimidation, the higher penalty shall be imposed in respect of those provided for in the preceding paragraphs.

4. Those who knowingly attend exhibitionist or pornographic performances involving minors or persons with disabilities in need of special protection shall be punished for six months to two years in prison.

5. The person who, for his or her own use, acquires or possesses child pornography or in whose manufacture persons with disabilities in need of special protection would have been used, shall be punished with a sentence of three months to one year of imprisonment or a fine of six months. months to two years.

The same penalty will be imposed on those who knowingly access child pornography or in whose preparation persons with disabilities have been used in need of special protection, by means of information technology and communication.

6. The person who has the right, guardianship, custody or reception of a minor or a person with disabilities in need of special protection and who, with knowledge of his or her state of prostitution or corruption, does not do what is possible to prevent his or her continued in such a state, or does not come to the competent authority for the same purpose if it lacks the means for the custody of the child or person with disabilities in need of special protection, shall be punished with the imprisonment of three to six months or a fine of six to twelve months.

7. The Prosecutor's Office shall promote the relevant actions in order to deprive the person of the rights, guardianship, guardian or family, if any, of the person who incurs any of the conduct described in the previous paragraph.

8. Judges and courts shall order the adoption of the measures necessary for the removal of websites or applications from the Internet containing or disseminating child pornography or in the manufacture of which persons with disabilities have been used. in need of special protection or, where appropriate, to block access to Internet users who are in Spanish territory.

These measures may be granted on a precautionary basis at the request of the Prosecutor's Office. "

One hundred five. Article 192 (1) and (3) are amended to read as follows:

" 1. Those sentenced to imprisonment for one or more offences included in this Title shall also be charged with the measure of probation, which shall be executed after the custodial sentence. The duration of such a measure shall be five to ten years, if any of the offences are serious, and one to five years in the case of one or more less serious offences. In the latter case, in the case of a single offence committed by a primary offender, the court may or may not impose the measure of freedom monitored in the light of the author's least dangerousness. "

" 3. The judge or tribunal may, in addition, impose the penalty of deprivation of the fatherland power or the penalty of special disablement for the exercise of the rights of the fatherland power, guardianship, curatelle, guardian or reception, for the time of six six years, and the penalty of disqualification for employment or public office or exercise of the profession or office, for the period of six months to six years. Those responsible for the commission of any of the offences under Chapters II a or V shall in any event be subject to, and without prejudice to, the penalties applicable in accordance with the preceding Articles, a penalty of special disablement for any profession or trade, whether or not it is paid, involving regular and direct contact with minors for a period of more than three to five years for the duration of the penalty of deprivation of liberty imposed in his case at the judgment, or a time of two to ten years when a prison sentence has not been imposed in proportion to the gravity of the sentence of the offence, the number of offences committed and the circumstances of the offender. "

One hundred six. Article 197 is amended as follows:

" 1. The one who, in order to discover the secrets or to violate the privacy of another, without their consent, takes over their papers, letters, emails or any other documents or personal effects, intercepts their telecommunications or Use technical devices for listening, transmitting, recording or reproducing the sound or image, or any other communication signal, will be punished with prison sentences of one to four years and a fine of twelve to twenty-four months.

2. The same penalties shall be imposed on the person who, without being authorised, takes over, uses or modifies, to the detriment of the third party, data reserved for the personal or family character of another which is recorded in electronic or electronic files or media telematic, or in any other type of file or public or private register. Equal penalties shall be imposed on those who, without being authorised, access by any means to them and to whom they alter or use to the detriment of the holder of the data or of a third party.

3. The prison term of two to five years shall be imposed if the data or facts discovered or the images captured to which the earlier numbers relate are disseminated, disclosed or transferred to third parties.

He will be punished with prison sentences of one to three years and fine of twelve to twenty-four months, which, with knowledge of his illicit origin and without having taken part in his discovery, will carry out the conduct described in the paragraph previous.

4. The facts described in paragraphs 1 and 2 of this article shall be punishable by imprisonment of three to five years when:

(a) Be committed by the persons responsible for or responsible for the files, computer media, electronic or telematic media, files or records; or

b) are carried out by the unauthorized use of personal data of the victim.

If the reserved data has been released, ceded or disclosed to third parties, penalties will be imposed on its top half.

5. Similarly, where the facts described in the above paragraphs affect personal data revealing ideology, religion, belief, health, racial origin or sexual life, or the victim is a minor or a person with disabilities In need of special protection, the penalties provided for in the upper half shall be imposed.

6. If the facts are made for a profit, the penalties provided for in paragraphs 1 to 4 of this Article shall be imposed in the upper half of the year. If they also affect data from those mentioned in the previous paragraph, the penalty to be imposed shall be that of imprisonment of four to seven years.

7. It shall be punishable by imprisonment of three months to one year or a fine of six to twelve months, which, without the authorisation of the person concerned, shall disclose, disclose or give to third parties any audiovisual images or recordings of that which it has obtained with its Consent in an address or elsewhere outside the scope of the third-party look, where disclosure seriously undermines the personal privacy of that person.

The penalty will be imposed in its upper half when the facts would have been committed by the spouse or by person who is or has been united to him by analogous relationship of affectivity, even without coexistence, the victim was underage or a person with a disability in need of special protection, or the facts have been committed for a lucrative purpose. "

One hundred seven. A new Article 197 a is inserted, with the following wording:

" 1. The person who, by any means or procedure, violating the security measures established to prevent him, and without being duly authorized, access or provide another access to the set or a part of an information system or to be maintained in the Against the will of whoever has the legitimate right to exclude him, he will be punished with imprisonment of six months to two years.

2. The use of artifices or technical instruments, and without being duly authorised, intercepts non-public transmissions of computer data that are produced from, to or within an information system, including Electromagnetic emissions of the same, shall be punishable by a prison term of three months to two years or a fine of three to twelve months. "

One hundred eight. A new Article 197 b is added, with the following wording:

" It shall be punishable by imprisonment of six months to two years or a fine of three to eighteen months which, without being duly authorized, produces, acquires for use, amount or, in any way, facilitates third parties, with the the intention to facilitate the commission of any of the offences referred to in Article 197 (1) and (2) or Article 197 a:

(a) a computer program, designed or adapted primarily to commit such crimes; or

b) a computer password, access code, or similar data that allows access to all or part of an information system. "

One hundred nine. A new Article 197 c is added, with the following wording:

"If the facts described in this Chapter have been committed within an organization or criminal group, the higher penalties shall be applied respectively."

One hundred ten. A new Article 197 quinquies is added, with the following wording:

" Where, in accordance with Article 31a, a legal person is liable for the offences referred to in Articles 197, 197 (a) and 197 (b), the penalty shall be imposed for a fine of six months to two years. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g).

One hundred and eleven. Article 203 (2) becomes paragraph 3, and a new paragraph 2 is inserted with the following wording:

" 2. A fine of one to three months shall be punishable by a fine of one to three months against the wishes of the holder, outside the opening hours, at the address of a public or private legal person, professional office or office, or in establishment commercial or local open to the public. "

One hundred twelve. The second paragraph of Article 208 is amended, which is worded as follows:

"It shall only be a criminal offence for the offences which, by their nature, effects and circumstances, are to be covered by the public concept, without prejudice to the provisions of Article 173 (4)."

One hundred thirteen. Article 210 is amended as follows:

" The defendant of injury shall be exempt from liability by proving the truth of the charges when they are directed against public officials concerning facts concerning the exercise of their positions or referred to the commission of administrative violations. "

One hundred and fourteen. The heading of Section 3 of Chapter III of Title XII of Book II, which goes on to say 'Of the abandonment of the family, minors or persons with disabilities in need of special protection' is amended.

One hundred fifteen. Article 234 is amended as follows:

" 1. The one who, with a profit motive, will take the things of foreign furniture without the will of his owner will be punished, as an inmate of theft, with the prison sentence of six to eighteen months if the amount of the subtracted from 400 euros.

2. A penalty of one to three months shall be imposed if the amount of the subtracted is not exceeded EUR 400, unless any of the circumstances of Article 235 are met.

3. The penalties laid down in the preceding paragraphs shall be imposed in their upper half where the commission of the event has neutralised, eliminated or misused, by any means, the alarm or security devices installed in the subtracted. "

One hundred and sixteen. Article 235 is amended, which will have the following wording:

" 1. The larceny will be punished with the prison term of one to three years:

1. º When things are subtracted from artistic, historical, cultural or scientific value.

2. º When it comes to things of first need and a situation of supply is caused.

3. In the case of pipelines, wiring, equipment or components of electrical supply, hydrocarbon or telecommunications services, or of other things for the provision of services, general interest, and cause a serious breach to them.

4. In the case of agricultural or livestock products, or of the instruments or means used to obtain them, provided that the offence is committed in agricultural or livestock holdings and serious injury is caused to the same.

5. When a special journal is serious, taking into account the value of the effects it has taken, or any special consideration is given.

6. When you place the victim or his family in serious economic situation or have been misusing your personal circumstances or the situation of helplessness, or taking advantage of the production of an accident or the existence of a risk or general danger to the community which has weakened the defence of the offence or facilitated the commission of the offence.

7. When the offender was convicted, he would have been sentenced to at least three offences under this Title, provided they are of the same nature. No or a cancelled history will be taken into account.

8. º When using children under sixteen years for the commission of the crime.

9. º When the guilty or guilty party is involved in the facts as members of an organization or criminal group that will be dedicated to the commission of crimes included in this Title, provided they are of the same nature.

2. The penalty referred to in the preceding paragraph shall be imposed in its upper half where two or more of the circumstances provided for therein are present. '

One hundred seventeen. Article 236 is amended, as follows:

" 1. It shall be punishable by a fine of three to twelve months, which, by owning a piece of furniture or acting with the consent of the latter, shall be liable to the person who is legitimately entitled to it, to the detriment of the same or a third party.

2. If the value of the subtracted item does not exceed EUR 400, the penalty shall be imposed for one to three months. '

One hundred and eighteen. Article 237 is amended as follows:

" It is the crime of theft that, with a profit motive, will take over the things of foreign furniture using force in things to access or to leave the place where they are found or violence or intimidation in the persons, either by committing the offence, in order to protect the flight, or by those who are in distress or after the victim's assistance. "

One hundred nineteen. Article 240 is amended, which is worded as follows:

" 1. The guilty of theft with force in things will be punished with the prison term of one to three years.

2. The imprisonment of two to five years shall be imposed when one of the circumstances provided for in Article 235 is present. '

One hundred and twenty. Article 241 is amended and read as follows:

" 1. Burglary committed at home, building or premises open to the public, or in any of its premises, will be punishable by a prison term of two to five years.

If the facts have been committed in an establishment open to the public, or in any of its offices, outside the opening hours, a prison term of one to five years will be imposed.

2. It is considered a house inhabited every hostel that constitutes the dwelling place of one or more persons, even if they are accidentally absent from it when the theft takes place.

3. They are considered to be units of house inhabited or of building or local open to the public, their yards, garages and other departments or sites fenced and contiguous to the building and in internal communication with it, and with which they form a physical unit.

4. A sentence of two to six years ' imprisonment shall be imposed where the facts referred to in the preceding paragraphs are of particular gravity, taking into account the form of commission of the offence or the damage caused and, in any event, where it is any of the circumstances set out in Article 235. '

One hundred and twenty-one. Article 242 (2) is amended, which shall have the following content:

" 2. When the theft is committed at home, building or premises open to the public or any of its premises, the prison sentence of three years and six months to five years shall be imposed. "

One hundred and twenty-two. Article 244 (1) is amended as follows:

" 1. The person who is not entitled to a motor vehicle or a non-motor vehicle, without the right to appropriate it, shall be punished with the penalty of work for the benefit of the community of thirty-one to ninety days or a fine of two to twelve months, if it is returned, directly or indirectly, within a period not exceeding forty-eight hours, without, in any event, the penalty imposed may be equal to or greater than that which it would correspond to if the vehicle was definitively appropriated. '

One hundred and twenty-three. Article 246 is amended and read as follows:

" 1. The one that will alter terms or lines of peoples or herages or any kind of signs or mojones destined to fix the limits of properties or demarcations of contiguous premises, both of public and private domain, will be punished with the penalty of fine Three to eighteen months.

2. If the reported utility does not exceed 400 euros, the penalty of one to three months shall be imposed. "

One hundred and twenty-four. Article 247 is amended and read as follows:

" 1. He who, without being authorized, will distract the waters of public or private use of his course, or of his natural or artificial reservoir, will be punished with the penalty of fine of three to six months.

2. If the reported utility does not exceed 400 euros, the penalty of one to three months shall be imposed. "

One hundred and twenty-five. Article 249 is amended and read as follows:

" Scam inmates will be punished with the prison term of six months to three years. For the purposes of fixing the penalty, account shall be taken of the amount of the defraud, the economic breakdown caused to the injured party, the relations between the latter and the fraudster, the means employed by the latter and the other circumstances in which the severity of the violation.

If the amount of the defrauded does not exceed 400 euros, the penalty will be imposed for one to three months. "

One hundred and twenty-six. Article 250 is amended as follows:

" 1. The crime of fraud will be punishable by imprisonment of one to six years and fine of six to twelve months, when:

1. Recaign on things of first need, housing or other goods of recognized social utility.

2. º. It is perpetrated by abusing the signature of another, or by subtracting, concealing or inusing, in whole or in part, any process, file, protocol or public or official document of any kind.

3. Recaiga on goods that integrate artistic, historical, cultural or scientific heritage.

4. Special Journal of gravity, taking into account the entity of the injury and the economic situation in which it leaves the victim or his family.

5. º The value of the fraud exceeds 50,000 euros, or affects a large number of people.

6. Be committed to abuse of existing personal relationships between victim and fraudster, or take advantage of your business or professional credibility.

7. No procedural scam is committed. The court proceedings of any class may be held in the same way as the evidence in which they sought to establish their arguments or to employ other similar procedural fraud, causing errors in the judge or tribunal and leading to the a resolution that harms the economic interests of the other party or a third party.

8. The guilty party would have been sentenced to at least three crimes under this Chapter. No or a cancelled history will be taken into account.

2. If the circumstances included in the numerals 4. º, 5. º, 6. or 7. º with that of the numeral 1. of the previous paragraph, the prison sentences of four to eight years and fine of twelve to twenty-four months shall be imposed. The same penalty shall be imposed when the value of the fraud exceeds EUR 250,000. '

One hundred and twenty-seven. The heading of Section 2 of Chapter VI of Title XIII of Book II, which is referred to as 'The Unfair Administration', shall be amended and shall comprise Article 252.

One hundred and twenty-eight. Article 252 is amended, which will have the following wording:

" 1. They shall be punishable by the penalties provided for in Article 249 or, where appropriate, those of Article 250, which have the power to administer an alien's property, which is derived from the law, entrusted by the authority or assumed by a legal business, they are not in breach of the exercise of the same and, in that way, cause injury to the property administered.

2. If the amount of the property damage does not exceed EUR 400, a penalty of one to three months shall be imposed. '

One hundred twenty-nine. A Section 2 is added to Chapter VI of Title XIII of Book II, under the heading 'Of misappropriation', which shall comprise Articles 253 and 254.

One hundred thirty. Article 253 is amended as follows:

" 1. They shall be punished with the penalties of Article 249 or, where appropriate, Article 250, unless they are already punishable by a more serious penalty in another provision of this Code, which, to the detriment of another, shall be appropriate for themselves or for a third party, for money, effects, securities or any other piece of furniture, which they have received in deposit, commission, or custody, or have been entrusted to them under any other title which produces the obligation to deliver or return them, or to refuse them received.

2. If the amount of the appropriate amount does not exceed EUR 400, a penalty of one to three months shall be imposed. '

One hundred and thirty-one. Article 254 is amended, which is worded as follows:

" 1. Who, outside of the assumptions of the previous article, will appropriate a piece of furniture, will be punished with a penalty of fine of three to six months. If it were things of artistic, historical, cultural or scientific value, the penalty will be from six months to two years.

2. If the amount of the appropriate amount does not exceed EUR 400, a penalty of one to two months shall be imposed. '

One hundred and thirty-two. Article 255 is amended and read as follows:

" 1. It shall be punishable by a fine of three to twelve months to defraud using electrical energy, gas, water, telecommunications or other external elements, energy or fluid, by any of the following means:

1. The Valiation of mechanisms installed to perform the defraudation.

2. Maliciously Altering the counters or counters.

3. Employing any other clandestine means.

2. If the amount of the defrauded does not exceed EUR 400, a penalty of one to three months shall be imposed. '

One hundred and thirty-three. Article 256 is amended, which is worded as follows:

" 1. The use of any telecommunications terminal equipment, without the consent of its owner, and causing this economic injury, shall be punishable by a fine of three to twelve months.

2. If the amount of the damage caused does not exceed EUR 400, a penalty of one to three months shall be imposed. '

One hundred and thirty-four. The heading of Chapter VII of Title XIII of Book II is amended, which shall be worded as follows:

"Execution Frustration"

One hundred and thirty-five. Article 257 is amended as follows:

" 1. He will be punished with prison sentences of one to four years and fine of twelve to twenty-four months:

1. º which is raised with its assets to the detriment of its creditors.

2. Who for the same purpose carries out any act of patrimonial disposition or generator of obligations that dilate, hinder or impede the effectiveness of an embargo or of an executive procedure or of a prize, judicial, extrajudicial or administrative, started, or predictable initiation.

2. With the same penalty it will be punished who will carry out acts of disposition, contract obligations that diminish their patrimony or hide by any means elements of their patrimony on which the execution could be made effective, with the purpose of to avoid the payment of civil liability arising from an offence which it has committed or which it should respond to.

3. The provisions of this Article shall apply whatever the nature or origin of the obligation or debt the satisfaction or payment of which is sought to circumvent, including the economic rights of workers, and irrespective of whether the creditor is a private or any legal person, public or private.

notwithstanding the foregoing, in the event that the debt or obligation to circumvent is governed by public law and the creditor is a public legal person, or is a matter of pecuniary obligations arising from the commission of a crime against Public Finance or Social Security, the penalty to be imposed will be one to six years imprisonment and fine of twelve to twenty-four months.

4. The penalties provided for in this Article shall be imposed in their upper half in the cases referred to in Article 250 (1) or (6

.

5. This offence will be pursued even if a court procedure is initiated after the commission. "

One hundred and thirty-six. Article 258 is amended as follows:

" 1. A sentence of imprisonment of three months to one year or a fine of six to 18 months shall be punishable by a person who, in a judicial or administrative enforcement procedure, submits to the authority or official responsible for the execution of a relationship of goods or Incomplete or mendacious heritage, and thereby delay, hinder or impede the satisfaction of the creditor.

The relationship of assets or assets shall be considered incomplete when the debtor executed uses or enjoys third-party property and does not provide sufficient justification for the right of the debtor to such enjoyment and the conditions to which you are subject.

2. The same penalty shall be imposed when the debtor, who is required to do so, ceases to facilitate the relationship of assets or assets referred to in the previous paragraph.

3. The offences referred to in this Article shall not be punishable if the author, before the authority or official has discovered the mendacious or incomplete character of the declaration submitted, appears before them and submits a declaration of true and complete assets or assets. "

One hundred and thirty-seven. An article 258a is added, with the following wording:

" They will be punished with a prison term of three to six months or a fine of six to twenty-four months, except that they are already punished with a more serious penalty in another precept of this Code, who make use of foreclosed assets. by public authority which have been constituted as a repository without being authorised to do so. '

One hundred and thirty-eight. An article 258 ter is added, with the following wording:

" When in accordance with Article 31a a legal person is responsible for the offences covered by this Chapter, the following penalties shall be imposed:

a) Multa from two to five years, if the offence committed by the natural person has a prison term of more than five years.

b) Multa from one to three years, if the offence committed by the natural person has a prison term of more than two years not included in the previous paragraph.

c) Multa from six months to two years, in the rest of the cases.

Served by the rules laid down in Article 66a, the judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

One hundred and thirty-nine. A Chapter VII a is added to Title XIII of Book II, which shall comprise Articles 259 to 261 a, with the following heading:

"Of the unsolvable insolvencies".

One hundred and forty. Article 259 is amended, which will have the following wording:

" 1. He will be punished with a prison term of one to four years and fine of eight to twenty-four months who, finding himself in a situation of current or imminent insolvency, conduct any of the following conduct:

1. Hidden, cause damage or destroy the assets or assets that are included, or that would have been included, in the mass of the contest at the time of its opening.

2. Conduct acts of disposition by the delivery or transfer of money or other assets, or by the assumption of debts, that do not provide a proportion to the debtor's assets, or to his income, and they lack economic or business justification.

3. Perform sales operations or service services for less than their cost of purchase or production, and in the circumstances of the case lack economic justification.

4. Simulate Third-party credits or proceed to the recognition of fictitious credits.

5. Take part in speculative business, when this lacks economic justification and results, in the circumstances of the case and in the light of the economic activity developed, contrary to the duty of diligence in the management of economic matters.

6. Infulfill the legal duty to keep accounting, carry double accounting, or commit irregularities that are relevant to the understanding of your financial or financial situation. The destruction or alteration of the accounting books shall also be punishable, where in this way the understanding of their financial or financial situation is difficult or otherwise relevant.

7. Inculte, destroy or alter the documentation that the employer is obliged to keep before the course of the period to which this legal duty is extended, when in this way the examination or assessment of the the actual economic situation of the debtor.

8. Make the annual accounts or accounting books in a way contrary to the regulatory rules of the commercial accounting, in such a way that the examination or assessment of the real economic situation of the market is difficult or impossible. debtor, or fails to make the balance sheet or inventory within a period of time.

9. Take any other active or non-active conduct which constitutes a serious breach of the duty of care in the management of economic affairs and which is attributable to a reduction in the debtor's assets or through the the actual economic situation of the debtor or his business activity is hidden.

2. The same penalty shall be imposed on the person who, through any of the conduct referred to in the previous paragraph, causes his insolvency.

3. Where the facts have been committed for recklessness, a prison sentence of six months to two years or a fine of twelve to twenty-four months shall be imposed.

4. This offence shall be punishable only where the debtor has ceased to comply regularly with his or her obligations or has been declared a contest.

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

6. In no case, the insolvency qualification in the insolvency proceedings will bind the criminal jurisdiction. "

One hundred and forty-one. An article 259 bis is added, with the following content:

" The facts referred to in the previous article shall be punishable by imprisonment of two to six years and fine of eight to twenty-four months, when any of the following circumstances are present:

1. Where property damage occurs or may occur in a generality of persons or may cause them to be in a serious economic situation.

2. When one of the creditors is caused by an economic injury exceeding EUR 600,000.

3. When at least half of the amount of the credit claims is made to the Public Finance, be it state, regional, local or foreign, and Social Security. "

One hundred and forty-two. Article 260 is amended and read as follows:

" 1. It shall be punishable by six months to three years imprisonment or fine of eight to twenty-four months, the debtor who, finding himself in a situation of current or imminent insolvency, favours any of the creditors by making an act of disposition assets or debt-holding companies intended to pay an unenforceable claim or to provide a guarantee to which it was not entitled, in the case of an operation that lacks economic or business justification.

2. It shall be punishable by one to four years ' imprisonment and a fine of twelve to twenty-four months the debtor who, once the application for a contest has been accepted, is not authorised to do so either judicially or by the administrators of the court, and outside the cases permitted by law, carry out any act of disposition of assets or generator of obligations, intended to pay one or more creditors, privileged or not, with the rest of the rest. "

One hundred and forty-three. Paragraph 1 is amended and a new numeral 6 is added to Article 263 (2), with the following wording:

" 1. The person who causes damage to property not included in other titles of this Code, shall be punished with a fine of six to twenty-four months, attended to the economic condition of the victim and the amount of the damage.

If the amount of damage caused does not exceed 400 euros, a penalty of one to three months will be imposed. "

"6. No damage of special gravity or damage to general interests has been caused."

One hundred and forty-four. Article 264 is amended and read as follows:

" 1. That by any means, without authorization and in a serious manner erase, damage, deteriorate, alter, delete or make inaccessible computer data, computer programs or other electronic documents, when the result produced is serious, will be punished with imprisonment of six months to three years.

2. A prison term of two to five years shall be imposed and a fine of the same shall be imposed on the damage caused, where in the conduct described there are any of the following circumstances:

1. It would have been committed within the framework of a criminal organization.

2. Haya caused damage of special severity or affected to a high number of computer systems.

3. The fact would have seriously impaired the functioning of essential public services or the provision of essential goods.

4. The facts have affected the computer system of a critical infrastructure or created a situation of serious danger for the security of the State, the European Union or a Member State of the European Union. For these purposes, critical infrastructure shall be considered an element, system or part thereof which is essential for the maintenance of vital functions of society, health, safety, protection and economic and social welfare of the population whose disturbance or destruction would have a significant impact on the failure to maintain their functions.

5. The offence has been committed using any of the means referred to in Article 264 b.

If the facts have resulted in extreme gravity, the higher penalty may be imposed in grade.

3. The penalties provided for in the preceding paragraphs shall, in their respective cases, be imposed in their upper half, where the facts have been committed by the unlawful use of other persons ' personal data to facilitate access to the system. or to gain the trust of a third party. "

One hundred and forty-five. A new Article 264 a is added, with the following wording:

" 1. It shall be punishable by imprisonment of six months to three years which, without being authorised and in a serious manner, shall impede or disrupt the operation of an alien computer system:

a) performing any of the behaviors referred to in the previous article;

b) by entering or transmitting data; or

c) by destroying, damaging, inusing, removing or replacing a computer, telematics, or electronic information storage system.

If the facts have adversely affected the normal activity of a company, business or public administration, the penalty will be imposed in its upper half, with the higher penalty being reached in grade.

2. A prison sentence of three to eight years shall be imposed, and a fine of three to eight years shall be imposed on the damage caused, where, in the event referred to in the preceding paragraph, one or more of the circumstances of paragraph 2 of the Article previous.

3. The penalties provided for in the preceding paragraphs shall, in their respective cases, be imposed in their upper half, where the facts have been committed by the unlawful use of other persons ' personal data to facilitate access to the system. or to gain the trust of a third party. "

One hundred and forty-six. A new article 264 ter is added, with the following wording:

" It shall be punishable by imprisonment of six months to two years or a fine of three to eighteen months which, without being duly authorized, produces, acquires for use, amount or, in any way, facilitates third parties, with the the intention to facilitate the commission of any of the offences referred to in the previous two Articles:

(a) a computer program, designed or adapted primarily to commit any of the crimes referred to in the previous two articles; or

b) a computer password, access code, or similar data that allows access to all or part of an information system. "

One hundred and forty-seven. A new Article 264 c is added, with the following wording:

" Where, in accordance with Article 31a, a legal person is responsible for the offences covered by the three preceding articles, the following penalties shall be imposed:

(a) Multa from two to five years or five years to twelve times the value of the damage caused, if it results in a higher amount, in the case of offences punishable by a prison term of more than three years.

b) Multa from one to three years or from triple to eight times the value of the injury caused, if it results in a higher amount, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

One hundred and forty-eight. Article 265 is amended and read as follows:

" The one that destroys, will damage in a serious way, or will not use for the service, even temporarily, works, establishments or military installations, warships, military aircraft, means of transport or military transmission, war material, procurement or other means or resources affected by the service of the Armed Forces or the Security Forces and Corps, shall be punishable by imprisonment of two to four years if the damage caused exceeds a thousand euros. "

One hundred and forty-nine. Article 266 (1) and (2) are amended as follows:

" 1. It shall be punishable by imprisonment of one to three years for the damage provided for in Article 263 (1) by fire, or by causing explosions, or by using any other means of a similar destructive power or generating a relevant risk of explosion or causation of other damage of particular gravity, or endangering the life or integrity of persons.

2. It shall be punishable by imprisonment of three to five years and a fine of twelve to twenty-four months for the damage provided for in Article 263 (2), in any of the circumstances referred to in the preceding paragraph. '

One hundred and fifty. Article 268 is amended, which is worded as follows:

" 1. Spouses who are not legally separated or in fact or in the judicial process of separation, divorce or invalidity of their marriage and the ascendants, descendants and siblings are exempt from criminal liability and are subject to civil liability only. by nature or by adoption, as well as the like in the first degree, if they lived together, for the property offences that were caused to each other, provided that violence or intimidation does not exist, or abuse of the vulnerability of the victim, be it for reason age, or because it is a person with disabilities.

2. This provision is not applicable to strangers who participate in the offence. "

One hundred and fifty-one. Article 270 is amended as follows:

" 1. It shall be punishable by imprisonment of six months to four years and a fine of twelve to twenty-four months which, in order to obtain direct or indirect economic benefit and to the detriment of the third party, reproduce, plagiarize, distribute, communicate publicly or in any other way explodes economically, in whole or in part, a literary, artistic or scientific work or performance, or its transformation, interpretation or artistic performance fixed in any form of support or communicated through of any means, without the authorisation of the holders of the relevant property rights intellectual or its transferee.

2. The same penalty shall be imposed on the person, in the provision of the information society's services, in order to obtain a direct or indirect economic benefit, and to the detriment of the third party, to provide in an active and non-neutral manner and not to be limited to a purely technical treatment, access or location on the Internet of works or services which are the subject of intellectual property without the authorisation of the holders of the corresponding rights or of their transferee, in particular by offering listings ordered and classified from links to the works and contents referred to above, although these links would have been initially provided by the recipients of their services.

3. In such cases, the judge or tribunal shall order the removal of the works or benefits which are the subject of the infringement. Where, by means of an internet access portal or the information society service, the content which is the subject of the intellectual property referred to in the preceding paragraphs is exclusively or preponderantly disseminated, the interruption of the provision of the same, and the judge may agree on any precautionary measure aimed at the protection of intellectual property rights.

Exceptionally, when there is reiteration of the behaviors and when a proportionate, efficient and effective measure is found, the corresponding access block may be ordered.

4. In the cases referred to in paragraph 1, the travelling or merely occasional distribution or marketing shall be punishable by imprisonment from six months to two years.

However, given the characteristics of the culprit and the small amount of the economic benefit obtained or could have been obtained, provided that none of the circumstances of Article 271 are present, the Judge may impose the penalty of a fine of one to six months or works for the benefit of the community of thirty-one to sixty days.

5. They shall be punished with the penalties provided for in the preceding paragraphs, in their respective cases, who:

(a) Exporten or intentionally store copies of the works, productions or executions referred to in the first two paragraphs of this Article, including digital copies thereof, without such authorization, when they are intended to be reproduced, distributed or communicated publicly.

(b) intentionally import these products without such authorization, when they are intended to be reproduced, distributed or publicly communicated, whether or not they have a lawful or illegal origin in their country of origin. However, the importation of the products of a State belonging to the European Union shall not be punishable where those products have been acquired directly from the holder of the rights in that State, or with their consent.

c) Favor or facilitate the conduct of the conduct referred to in paragraphs 1 and 2 of this Article by eliminating or modifying, without authorization of the owners of the intellectual property rights or their rights (c) the effective technological measures incorporated by them in order to prevent or restrict their performance.

(d) In order to obtain a direct or indirect economic benefit, in order to provide third parties with access to a copy of a literary, artistic or scientific work, or to their transformation, interpretation or execution artistic, fixed in any kind of support or communication through any means, and without authorization of the owners of the intellectual property rights or of their transferee, eluda or facilitate the circumvention of the effective technological measures willing to avoid it.

6. It shall also be punishable by imprisonment of six months to three years who manufacture, amount, put into circulation or possess for a commercial purpose any means principally conceived, produced, adapted or made to facilitate the unauthorised deletion or neutralisation of any technical device which has been used to protect computer programs or any of the other works, interpretations or executions in the terms provided for in the first two paragraphs of this article. "

One hundred and fifty-two. Article 271 is amended as follows:

" The imprisonment of two to six years shall be imposed, a fine of eighteen to thirty-six months and a special disablement for the exercise of the profession related to the offence committed, for a period of two to five years, when The offense of the previous article is committed against one of the following circumstances:

(a) That the profit obtained or that could have been obtained has special economic significance.

(b) that the facts are of particular gravity, taking into account the value of the objects produced illicitly, the number of works, or the processing, execution or interpretation thereof, illicitly reproduced, distributed, communicated to the public or placed at their disposal, or to the particular importance of the damage caused.

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

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

One hundred and fifty-three. Article 274 is amended as follows:

" 1. It shall be punishable by one to four years imprisonment and a fine of 12 to 24 months for industrial or commercial purposes without the consent of the holder of an industrial property right registered under the law of marks and with knowledge of the register,

a) manufactures, produces, or imports products that incorporate an identical or confusing distinguishing sign with that, or

(b) offer, distribute, or market wholesale products which incorporate an identical or confounding distinguishing sign with that sign, or store them for that purpose, in the case of the same or similar products, services or activities for which the industrial property right is registered.

2. It shall be punishable by six months to three years imprisonment for industrial or commercial purposes without the consent of the holder of an industrial property right registered under the law of trade marks and with knowledge of the register, offer, distribute or retail, or provide services or carry out activities, which incorporate an identical or confusing distinguishing sign with that, in the case of the same or similar products, services or activities for the right of industrial property to be registered.

The same penalty will be imposed on those who reproduce or imitate an identical or confused distinguishing sign with that for the commission of the conduct sanctioned in this article.

3. The sale or occasional sale of the products referred to in the preceding paragraphs shall be punishable by imprisonment from six months to two years.

However, given the characteristics of the culprit and the small amount of the economic benefit obtained or could have been obtained, provided that none of the circumstances of Article 276 are present, the Judge may impose the penalty of a fine of one to six months or works for the benefit of the community of thirty-one to sixty days.

4. It shall be punishable by one to three years ' imprisonment, for agricultural or commercial purposes, without the consent of the holder of a plant variety right and with knowledge of his registration, produce or reproduce, put in place with a view to the production or reproduction, offer for sale, sell or otherwise market, export or import, or possess for any of the purposes mentioned, plant material for the reproduction or multiplication of a protected plant variety in accordance with the national or European Union legislation on the protection of plant variety rights.

It shall be punishable by the same penalty as any of the acts described in the preceding paragraph using, under the name of a protected plant variety, plant material of reproduction or multiplication which does not belongs to such variety. "

One hundred and fifty-four. Article 276 is amended as follows:

" The imprisonment of two to six years shall be imposed, a fine of eighteen to thirty-six months and a special disablement for the exercise of the profession related to the offence committed, for a period of two to five years, when concur any of the following circumstances:

(a) That the profit obtained or that could have been obtained has special economic significance.

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

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

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

One hundred and fifty-five. The heading of Section 4. of Chapter XI of Title XIII of Book II, which is referred to as 'Offences of corruption in business', shall be amended and shall comprise Articles 286 a to 286 c.

One hundred and fifty-six. A new Article 286 a is inserted, which is worded as follows:

" 1. The manager, administrator, employee or collaborator of a business undertaking or a company which, by itself or by person, receives, requests or accepts an unjustified benefit or advantage of any kind, for itself or for a third party, as a consideration to unduly favor another in the acquisition or sale of goods, or in the hiring of services or in the commercial relations, will be punished with the imprisonment of six months to four years, disablement (a) special purpose for the exercise of industry or trade for one to six years and a fine of both triplet and value of benefit or benefit.

2. The same penalties shall be punishable by the person who, by himself or by person, promises, offers or grants to managers, administrators, employees or collaborators of a commercial undertaking or of a company, an unjustified profit or advantage, of any nature, for them or for third parties, as a consideration to unduly favour him or a third party against others in the purchase or sale of goods, service contracts or in commercial relations.

3. Judges and courts, paying attention to the value of the benefit or the value of the advantage, and to the transcendence of the functions of the culprit, may impose the lower penalty in grade and reduce the penalty to its prudent arbitration.

4. The provisions of this Article shall apply, in their respective cases, to the directors, administrators, employees or collaborators of a sporting entity, whatever the legal form of the latter, as well as to the athletes, referees or judges, in respect of any conduct which is intended to predetermine or intentionally and fraudulently alter the outcome of a test, event or sport of special economic or sporting relevance.

To this effect, it will be considered a sport competition of special economic relevance, that in which the majority of the participants in it perceive any kind of remuneration, compensation or economic income for their participation in the activity; and sports competition of special sports relevance, the one that is qualified in the annual sports calendar approved by the corresponding sports federation as official competition of the maximum category of the mode, specialty, or discipline in question.

5. For the purposes of this Article, the provisions of Article 297 shall apply. "

One hundred and fifty-seven. A new article 286 ter is introduced, with the following content:

" 1. Those who, by offering, undertaking or granting any undue benefit or advantage, pecuniary or other class, corrupt or attempted to corrupt, by themselves or by person, an authority or public official to the benefit of or a third party, or address their requests in this respect, in order to act or refrain from acting in connection with the exercise of public functions in order to obtain or maintain a contract, business or any other competitive advantage in the realization of international economic activities, will be punished, except that already (a) with a more serious penalty in another provision of this Code, with prison sentences of three to six years, a fine of 12 to 24 months, unless the benefit obtained is greater than the amount resulting, in which case the fine shall be from both the tripling of that benefit.

In addition to the penalties identified, the person responsible for the prohibition of contracting with the public sector, as well as the loss of the possibility of obtaining grants or public aid and of the right to enjoy tax and social security benefits or incentives, and the prohibition of intervening in commercial transactions of public importance for a period of seven to twelve years.

2. For the purposes of this Article, the term 'public official' shall mean those determined by Articles 24 and 427. '

One hundred and fifty-eight. A new Article 286 c is introduced, with the following wording:

" If the facts referred to in the articles of this Section will be of particular gravity, the penalty will be imposed in its upper half, reaching the upper half in grade.

The facts will be considered, in any case, of special gravity when:

a) the benefit or advantage has a particularly high value,

b) the author's action is not merely occasional,

c) are facts committed within an organization or criminal group, or

d) the object of the business will be about humanitarian goods or services or any other necessities.

In the case of Article 288a (4), the facts shall also be considered to be of particular gravity when:

a) are intended to influence the development of gambling or gambling; or

(b) are committed in an official state-wide sports competition qualified as professional or in an international sports competition. "

One hundred and fifty-nine. Article 288 is amended as follows:

" In the cases provided for in the preceding articles, the publication of the judgment shall be made available in the official newspapers and, if the injured party so requests, the Judge or the Court may order his/her total or partial reproduction in any other information media, at the expense of the sentenced person.

When in accordance with Article 31a a legal person is responsible for the offences listed in this Chapter, the following penalties shall be imposed:

1. In the case of the offences referred to in Articles 270, 271, 273, 274, 275, 276, 283, 285 and 286:

a) Multa from double to quadruple the profit obtained, or which could have been obtained, if the offence committed by the natural person has a prison term of more than two years.

b) Multa from double to triple the profit obtained, favored, or that could have been obtained, in the rest of the cases.

In the case of the offences referred to in Articles 277, 278, 279, 280, 281, 282, 282 bis, 284 and 286 bis to 286 quinquies:

(a) Multa of two to five years, or of the triple to five years of the benefit obtained or which could have been obtained if the resulting amount is higher, when the offence committed by the natural person has a penalty of more than two years of deprivation of liberty.

b) Multa from six months to two years, or from either the double or the benefit obtained or that could be obtained if the resulting amount was higher, in the rest of the cases.

2. The rules laid down in Article 66a shall be subject to the rules laid down in Article 66a. The courts may also impose the penalties laid down in Article 33 (7) (b) to (g). "

One hundred and sixty. Article 295 is deleted.

One hundred and sixty-one. Article 298 (1) and (2) are amended as follows:

" 1. The fact that, with a profit motive and with knowledge of the commission of a crime against the patrimony or the socioeconomic order, in which he has not intervened neither as an author nor as an accomplice, helps those responsible to take advantage of the effects of the same, or receive, acquire or hide such effects, will be punished with the imprisonment of six months to two years.

A penalty of one to three years ' imprisonment will be imposed on the following assumptions:

a) When it comes to things of artistic, historical, cultural or scientific value.

(b) In the case of matters of primary need, pipelines, wiring, equipment or components of electrical supply or telecommunications services, or of other things for the provision of services of general interest, agricultural or livestock products or of the instruments or means used to obtain them.

(c) When the facts are of particular gravity, taking into account the value of the effects received or the damage which it has likely caused their subtraction.

2. These penalties shall be imposed in their superior half of the person who receives, acquires or hides the effects of the crime in order to traffic with them. If the traffic is carried out using a commercial or industrial establishment or premises, the penalty shall be imposed for a fine of 12 to 24 months. In such cases, the judges or courts, taking into account the seriousness of the fact and the personal circumstances of the offender, may also impose on him the penalty of special disablement for the exercise of his profession or industry, by time of two to five years and agree on the temporary or final closure measure of the establishment or premises. If the closure is temporary, its duration may not exceed five years. '

One hundred and sixty-two. Article 299 is deleted.

One hundred and sixty-three. A new Title XIII bis is hereby established in Book II, which shall be composed of new Articles 304 a and 304 b, with the following heading:

"Of the crimes of illegal financing of political parties."

One hundred and sixty-four. A new Article 304 a is inserted with the following wording:

" 1. He shall be punished with a penalty of fine of three times the value of his or her value, which receives donations or contributions to a political party, federation, coalition or group of voters with a breach of the provisions of Article 5 (1) of the Treaty. Organic Law 8/2007 of 4 July on the financing of political parties.

2. The above facts shall be punishable by imprisonment of six months to four years and a fine of three times the value or the excess when:

(a) In the case of donations referred to in Article 5 (1) (a) or (c) of Organic Law 8/2007 of 4 July 2007 on the financing of political parties, of an amount exceeding EUR 500 000, or in excess of this figure, limit set in point (b) of that provision, where the infringement is present.

(b) This is a donation made in Article 7.Two of the Organic Law 8/2007 of 4 July 2007 on the financing of political parties, exceeding the amount of EUR 100,000.

3. If the facts referred to in the previous paragraph are of particular gravity, the penalty shall be imposed in the upper half of the sentence, which may be higher than the upper half.

4. The same penalties shall, in their respective cases, be imposed on the person who will give donations or contributions to a political party, federation, coalition or group of electors, by himself or by person, in any of the cases of the previous numbers.

5. The same penalties shall be imposed where, in accordance with Article 31a of this Code, a legal person is responsible for the facts. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g).

One hundred and sixty-five. A new Article 304 b is introduced, with the following wording:

" 1. It shall be punishable by imprisonment of one to five years, the one participating in structures or organisations, whatever their nature, the purpose of which is the financing of political parties, federations, coalitions or groupings of voters, regardless of what was established in law.

2. The penalty shall be imposed in its upper half of the persons who direct such structures or organisations.

3. If the facts referred to in the above paragraphs are of particular gravity, the penalty shall be imposed in the upper half of the upper half of the upper half of the class. '

One hundred and sixty-six. The first paragraph of Article 306 is amended, which is read as follows:

" The action or omission of fraud against the general budget of the European Union or others administered by the European Union, in excess of fifty thousand euros, avoiding, outside the cases referred to in paragraph 3 of the Article 305, the payment of amounts to be entered, giving the funds obtained a different application from that to which they are intended or improperly obtaining funds by distorting the conditions required for their granting or concealing the that they would have prevented her, will be punished with the prison term of one to five years and a fine of the sextuplo of the said amount and the loss of the possibility of obtaining grants or public aid and the right to enjoy the benefits or tax incentives or social security during the period of three to six years. "

One hundred and sixty-seven. A new Article 308a is inserted, with the following wording:

" 1. The suspension of the execution of the penalties imposed by any of the offenses regulated in this Title shall be governed by the provisions contained in Chapter III of Title III of Book I of this Code, completed by the following rules:

1. The suspension of the execution of the sentence imposed shall require, in addition to the compliance with the requirements of Article 80, that the penalty has paid the tax liability or the Social Security, or that there is (a) the reimbursement of subsidies or aid unduly received or used.

This requirement will be understood when the penalty assumes the commitment to satisfy the tax liability, the debt to the Social Security or to proceed to the reimbursement of the grants or aid unduly received or used and the civil liabilities according to their economic capacity and to facilitate the confiscation agreed upon, and it is reasonable to expect that the same will be fulfilled. The suspension shall not be granted where it is established that the penalty has provided inaccurate or insufficient information on its assets.

The decision by which the judge or tribunal grant the suspension of the execution of the sentence shall be communicated to the procedural representation of the State Public Finance, regional, local or foreign, of the Social Security or of the Administration that would have granted the grant or aid.

2. The judge or tribunal shall revoke the suspension and order the execution of the sentence, in addition to the cases referred to in Article 86, when the penalty does not comply with the commitment to pay the tax liability or the security Social, to the drawback of subsidies and aid unduly received or used, or to the payment of civil liabilities, provided that it has economic capacity to do so, or to provide inaccurate or insufficient information on its patrimony. In such cases, the prison surveillance judge may refuse to grant parole.

2. In the case of Article 125, the judge or tribunal shall first hear the procedural representation of the State, regional, local or foreign public finances, of the Social Security or the Administration which has granted the grant or aid, to the the purpose of providing a wealth report for those responsible for the crime, in which the real economic and patrimonial capacity of those responsible will be analysed and a proposal for a fractionation in line with that capacity and with the rules Tax, social security or grants. "

One hundred and sixty-eight. A new Article 311 a is added with the following content:

" You will be punished with the imprisonment of three to eighteen months or fine of twelve to thirty months, unless the facts are punishable by a more serious penalty in another precept of this Code, who:

(a) Repeatedly, employ or occupy foreign citizens who lack work permits, or

b) employ or occupy a minor who does not have a work permit. "

One hundred and sixty-nine. Article 315 is amended with the following content:

" 1. They shall be punishable by imprisonment of six months to two years or fine of six to twelve months which, by means of deception or abuse of need, prevent or limit the exercise of trade union freedom or the right to strike.

2. If the conduct referred to in the previous paragraph is carried out with joint actions, it shall be punishable by imprisonment of one year and nine months up to three years or with the penalty of a fine of eighteen months to twenty-four months.

3. Those acting as a group or individually, but in agreement with others, are coerced other persons to initiate or continue a strike, they will be punished with the prison term of one year and nine months up to three years or with the penalty of 18 years. months to twenty-four months. "

One hundred and seventy. Article 318 a is amended as follows:

" 1. The intention to assist a person who is not a national of a Member State of the European Union to enter into Spanish territory or to transit through it in a way that violates the law on the entry or transit of foreign nationals, shall be punishable by a penalty of three to twelve months or imprisonment from three months to one year.

The facts shall not be punishable where the objective pursued by the author is solely to provide humanitarian aid to the person concerned.

If the facts were committed with a profit motive, the penalty will be imposed in its upper half.

2. The person who intentionally helps a person who is not a national of a Member State of the European Union to stay in Spain, in violation of the legislation on the stay of foreigners will be punished with a penalty of fine of three to twelve months or imprisonment from three months to one year.

3. The facts referred to in paragraph 1 of this Article shall be punishable by imprisonment of four to eight years when one of the following circumstances is present:

(a) Where the facts have been committed within an organisation which shall be dedicated to the performance of such activities. In the case of heads, administrators or managers of such organisations or associations, they shall be subject to the penalty in their upper half, which may be raised to the immediate higher in grade.

(b) Where the life of the persons subject to the offence has been endangered, or the danger of causing serious injury has been created.

4. In the same penalties as in the preceding paragraph, and in addition to that of an absolute disablement of six to twelve years, those who perform the facts shall be committed to the condition of their authority, agent or public official.

5. Where, in accordance with Article 31a, a legal person is responsible for the offences referred to in this Title, the penalty shall be imposed for a fine of two to five years, or the penalty of three times the amount of the benefit obtained if the the resulting amount was higher.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7).

6. The courts, taking into account the seriousness of the fact and its circumstances, the conditions of the culprit and the purpose pursued by it, may impose the lower penalty to a degree than the one indicated. "

One hundred and seventy-one. Article 319 (3) is amended and read as follows:

" 3. In any event, the judges or courts may, on the basis of the author of the fact, order the demolition of the work and the replacement of the work to its original state of altered physical reality, without prejudice to the Third parties in good faith, and assessing the circumstances, and hearing the competent administration, will temporarily condition the demolition to the constitution of guarantees that will ensure the payment of those guarantees. In any event, the proceeds of the crime shall be forfeited, whatever the transformations they may have experienced. "

One hundred and seventy-two. Article 323 is amended as follows:

" 1. It shall be punishable by imprisonment of six months to three years or fine of twelve to twenty-four months for damage to property of historical, artistic, scientific, cultural or monumental value, or in archaeological, terrestrial or underwater fields. With the same penalty the acts of spoliation in the latter will be punished.

2. If damage of particular gravity has been caused or has affected goods whose historical, artistic, scientific, cultural or monumental value is particularly relevant, the upper penalty may be imposed to the extent specified in paragraph 1. previous.

3. In all of these cases, the judges or courts may order, in charge of the author of the damage, the adoption of measures aimed at restoring, as far as possible, the damaged property. "

One hundred and seventy-three. Article 325 is amended, which is worded as follows:

" 1. He shall be punishable by imprisonment from six months to two years, a fine of ten to fourteen months and a special disqualification for a profession or office for a period of one to two years which, in contravention of laws or other general provisions protecting the environment, causing or directly or indirectly causing emissions, discharges, radiation, extractions or excavations, landing, noise, vibration, injections or deposits, in the atmosphere, soil, subsoil or water land, underground or sea, including the high seas, with effect even in the spaces cross-border, as well as water collection which, by itself or in conjunction with others, causes or may cause substantial damage to air, soil or water quality, or to animals or plants.

2. If the previous conduct, by itself or in conjunction with others, could seriously damage the balance of natural systems, a prison term of two to five years will be imposed, a fine of eight to twenty-four months and disablement. special to profession or trade for one to three years.

If a risk of serious harm to people's health had been created, the prison sentence will be imposed in its upper half, reaching to the top in grade. "

One hundred and seventy-four. Article 326 is amended and read as follows:

" 1. They shall be punished with the penalties provided for in the previous Article, in their respective cases, who, in contravention of laws or other provisions of a general nature, collect, transport, value, transform, dispose of or take advantage of waste; or do not adequately monitor or monitor such activities so that they cause or may cause substantial damage to air, soil or water quality, or to animals or plants, death or serious injury to persons, or may seriously harm the balance of the natural systems.

2. Who, outside the case referred to in the preceding paragraph, transfers a non-negligible amount of waste, both in the case of one and in the case of a number of related transfers, in any of the cases referred to in the the European Union concerning shipments of waste, shall be punished with a penalty of three months to one year of imprisonment, or a fine of six to eighteen months and a special disablement for a profession or trade for three months to one year. "

One hundred and seventy-five. Article 326 a is amended and read as follows:

" They shall be punished with the penalties provided for in Article 325, in their respective cases, who, in contravention of the laws or other provisions of a general nature, carry out the operation of installations in which they are perform a dangerous activity or where dangerous substances or preparations are stored or used in such a way as to cause or cause substantial damage to air, soil or water quality, to animals or plants, to death or serious injury to persons, or may seriously impair the balance of natural systems. "

One hundred and seventy-six. Article 327 is amended, which is worded as follows:

" The facts referred to in the preceding three articles shall be punishable by a higher penalty than any other measure, without prejudice to those which may be the case under other provisions of this Code, where the any of the facts described in the previous article are any of the following:

(a) That the industry or activity is operating clandestinely, without having obtained the necessary authorization or administrative approval of its facilities.

b) That the express orders of the administrative authority for the correction or suspension of the activities typified in the previous article have been disobeyed.

c) That information about the environmental aspects of it has been distorted or hidden.

d) That the administrative activity of the Administration has been hindered.

e) That there has been a risk of irreversible or catastrophic deterioration.

f) That an illegal extraction of water in period of restrictions occurs. "

One hundred and seventy-seven. Article 328 is amended and read as follows:

" When in accordance with the provisions of Article 31a, a legal person is liable for the offences listed in this Chapter, the following penalties shall be imposed:

(a) Multa of one to three years, or of double to quadruple the damage caused when the resulting amount is higher, if the offence committed by the natural person has a penalty of more than two years ' imprisonment freedom.

b) Multa from six months to two years, or double to triple the damage caused if the resulting amount is higher, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

One hundred and seventy-eight. Article 332 is amended, which is worded as follows:

" 1. That, in contravention of laws or other provisions of a general nature, cut, cut, start, collect, acquire, possess or destroy protected species of wild flora, or trade with them, their parts, derivatives thereof or with their propagules, unless the conduct affects an insignificant quantity of specimens and has no consequences relevant to the conservation status of the species, shall be punishable by imprisonment of six months to two years or fine of eight to Twenty-four months, and special disablement for a profession or office for a period of six months to two years.

The same penalty will be imposed on those who, in violation of laws or other provisions of a general nature, seriously destroy or alter their habitat.

2. The penalty will be imposed in its upper half if it is endangered species or listed subspecies.

3. If the facts have been committed for serious recklessness, a prison term of three months shall be imposed on a year or a fine of four to eight months, and a special disqualification for a profession or trade for three months to two years. "

One hundred and seventy-nine. Article 334 is amended and read as follows:

" 1. It shall be punishable by imprisonment from six months to two years or fine from eight to 24 months and, in any case, special disablement for occupation or office and special disablement for the exercise of the right to hunt or fish for the time being two to four years who, in contravention of laws or other provisions of a general nature:

a) cace, fish, acquire, possess or destroy protected species of wild fauna;

b) bring with them, their parts or derivatives thereof; or,

c) perform activities that prevent or hinder your playback or migration.

The same penalty will be imposed on those who, in violation of laws or other provisions of a general nature, seriously destroy or alter their habitat.

2. The penalty will be imposed in its upper half if it is endangered species or listed subspecies.

3. If the facts have been committed for serious negligence, a prison sentence of three months shall be imposed on a year or a fine of four to eight months and, in any case, special disablement for occupation or office and special disablement for the financial year of the right to hunt or fish for three months to two years. "

One hundred and eighty. Article 335 is amended, which will have the following wording:

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

2. The person who cace or fish or carries out relevant marisking activities on species other than those referred to in the previous article on non-public or private land, subject to special legal status, without due permission from the holder or subject to the granting or authorization of marisquera or aquaculture without the due administrative title, shall be punished with the penalty of fine of four to eight months and special disablement for the exercise of the right to hunt, to fish or to carry out (a) a period of one to three years, in addition to the penalties which may be paid, where appropriate, by the commission of the offence referred to in paragraph 1 of this Article.

3. If the previous conduct has caused serious damage to the blacklisted heritage of a site subject to a special legal regime or to the sustainability of the resources in the areas of concession or authorization of shellfish or aquaculture, the penalty shall be imposed. Six months to two years imprisonment and special disablement for the exercise of the rights to hunt, fish, and carry out shellfish activities for two to five years.

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

One hundred and eighty-one. Article 337 is amended as follows:

" 1. It shall be punishable by three months and one day to one year of imprisonment and special disablement of one year and one day to three years for the pursuit of a profession, trade or trade which relates to animals and for the holding of animals, which by any means or procedure unreasonably, causing injury to severely impair your health or by subjecting you to sexual exploitation, to

a) a domestic or amansado animal,

b) an animal of which they are usually domesticated,

c) an animal that temporarily or permanently lives under human control, or

d) any animal that does not live in the wild.

2. The penalties provided for in the preceding paragraph shall be imposed in their upper half where one of the following conditions is met:

(a) Weapons, instruments, objects, means, methods or forms that are particularly dangerous for the life of the animal would have been used.

b) It would have been mediated.

c) The animal would have been caused the loss or futility of a sense, organ or principal member.

d) The facts would have been executed in the presence of a minor.

3. If the death of the animal has been caused, a sentence of six to eighteen months imprisonment shall be imposed and a special disablement of two to four years for the exercise of profession, trade or trade involving the animals and for the holding shall be imposed. of animals.

4. Those who, outside the cases referred to in the previous paragraphs of this Article, cruelly maltreat domestic animals or any others in legally unauthorised spectacles, shall be punished with a penalty of a fine of one six months. The judge may also impose the penalty of special disablement of three months to one year for the pursuit of a profession, trade or trade which relates to animals and for the holding of animals. "

One hundred and eighty-two. An article 337 a is added with the following content:

" The person who leaves an animal referred to in paragraph 1 of the previous article under conditions in which his life or integrity may be endangered shall be punished with a penalty of one to six months. The judge may also impose the penalty of special disablement of three months to one year for the pursuit of a profession, trade or trade which relates to animals and for the holding of animals. "

One hundred and eighty-three. An article 345 is added, with the following content:

" 1. That, in contravention of laws or other provisions of a general nature, acquires, possesses, traffishes, facilitates, treats, transforms, uses, stores, transport or eliminates nuclear or other dangerous radioactive substances which cause or may cause cause death or serious injury to persons, or substantial damage to air quality, soil quality or water quality or to animals or plants, shall be punishable by imprisonment of one to five years, fine of six to eighteen months, and Special disablement for a profession or trade for one to three years.

2. That without proper authorization there will be such materials or substances will be punished with the higher penalty in grade.

3. If the facts referred to in the preceding paragraphs have been committed for serious recklessness, the lower penalty shall be imposed to the extent specified therein. '

One hundred and eighty-four. Article 346 (1) and (2) are amended as follows:

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

2. Where no such danger exists, four to eight years 'imprisonment shall be punishable.'

One hundred and eighty-five. Article 353 is amended as follows:

" 1. The facts referred to in the preceding article shall be punishable by imprisonment of three to six years and fine of eighteen to twenty-four months when the fire is of particular gravity, attended by any of the circumstances. following:

1. It affects a surface of considerable importance.

2. Large or severe erosive effects on soils.

3. It significantly alters animal or plant life conditions, or affects some protected natural space.

4. The fire affects areas close to population centers or inhabited places.

5. The fire is caused at a time when weather conditions or terrain increase the risk of spreading it in a relevant way.

6. In any case, when serious deterioration or destruction of the affected resources is caused.

2. The same penalty will be imposed when the author acts to obtain an economic benefit with the effects of the fire. "

One hundred and eighty-six. The heading of Section 5 of Chapter II of Title XVII of Book II is amended and a new Article 358 a is inserted in this Section, with the following wording:

" Section 5. Common provisions. "

" Article 358 bis. The provisions of Articles 338 to 340 shall also apply to offences covered by this Chapter. "

One hundred and eighty-seven. Article 361 is amended as follows:

" Which manufactures, imports, exports, supplies, intermediates, markets, offers or places on the market, or stores for these purposes, medicinal products, including human and veterinary use, as well as medicinal products in investigation, which does not have the necessary authorisation required by law, or medical devices which do not have the conformity documents required by the provisions of a general nature, or which are damaged, expired or the technical requirements relating to its composition, stability and effectiveness are not met; create a risk to the life or health of persons, be punished with a prison term of six months to three years, fine of six to twelve months and special disablement for a profession or trade from six months to three years. "

One hundred and eighty-eight. Article 361 a is deleted.

One hundred and eighty-nine. Article 362 is amended as follows:

" 1. He shall be punished with a term of imprisonment of six months to four years, a fine of six to eighteen months and a special disqualification for a profession or office of one to three years, which he or she produces or produces,

(a) a medicinal product, including medicinal products for human and veterinary use, as well as investigational medicinal products; or an active substance or an excipient of that medicinal product;

(b) a sanitary product, as well as accessories, elements or materials that are essential for its integrity;

so that it is deceptively present: its identity, including, where appropriate, the packaging and labelling, the date of expiry, the name or composition of any of its components, or, where appropriate, the dosage of the components; origin, including the manufacturer, the country of manufacture, the country of origin and the holder of the marketing authorisation or of the documents of conformity; data relating to compliance with legal requirements or requirements, licences, documents conformity or authorisations; or their history, including records and documents relating to the distribution channels used, provided that they are intended for public consumption or for use by third parties, and create a risk to the lives or health of persons.

2. The same penalties shall be imposed on those who alter, manufacture or manufacture it or at a later time, the quantity, the dose, the expiry or the genuine composition, as authorised or declared, of any of the medicinal products, excipients, products sanitary, accessories, elements or materials mentioned in the previous paragraph, in a way that reduces their safety, efficacy or quality, thereby generating a risk to the lives or health of persons. "

One hundred and ninety. A new Article 362 a is added, which is worded as follows:

" He will be punished with a prison term of six months to four years, a fine of six to eighteen months and a special disablement for a profession or trade of one to three years, which, with knowledge of its falsification or alteration, import, export, advertise or advertise, offer, display, sell, facilitate, sell, sell, package, supply, including intermediation, trade, distribute or place on the market any of the active substances, Excipients, medical devices, accessories, elements or materials referred to in the Article This creates a risk to people's lives or health.

The same penalties shall be imposed on the person who acquires or holds them for the purpose of their use for public consumption, for use by third parties or for any other use that may affect public health. "

One hundred and ninety-one. A new Article 362 b is added, which is worded as follows:

' The person who produces any false document or of any content referred to in any of the medicinal products, active substances, excipients, medical devices, accessories, elements or materials referred to in paragraph 1 of this Article. Article 362, including its packaging, labelling and method of use, to commit or facilitate the commission of one of the offences of Article 362, shall be punishable by six months to two years imprisonment, fine of six to twelve months and disablement special to trade or trade from six months to two years. "

One hundred and ninety-two. A new Article 362 c is added, which is worded as follows:

" The penalties shall be imposed in excess of those referred to in Articles 361, 362, 362 bis or 362, where the offence is committed in any of the following circumstances:

1. The guilty party shall be an authority, public official, optional, health professional, teacher, educator, physical or sports coach, and work in the exercise of his or her duties, profession or office.

2. The medicinal products, active substances, excipients, medical devices, accessories, elements or materials referred to in Article 362:

a) would have been offered through large-scale broadcast media; or

(b) have been offered or provided to minors, persons with disabilities in need of special protection, or particularly vulnerable persons in relation to the product provided.

3. The guilty party belonged to an organization or criminal group that had the purpose of committing such crimes.

4. The fact that the facts were carried out in establishments open to the public by those responsible or employees. "

One hundred and ninety-three. A new Article 362 d is added, which is read as follows:

" 1. Those who, without therapeutic justification, prescribe, provide, supply, supply, administer, offer or provide for non-competitive, non-federal sportsmen and sportspersons who practise sport for recreation, or sportsmen and women participate in competitions organised in Spain by prohibited sports entities, substances or pharmacological groups, as well as non-regulatory methods, intended to increase their physical capacity or to modify the results of competitions, for their content, reiteration of the intake or other concurrent circumstances, put in danger the life or health of the same, they will be punished with prison sentences of six months to two years, fine of six to eighteen months and special disablement for employment or public office, profession or trade, two to five years.

2. The penalties provided for in the above paragraph shall be imposed where the offence is committed in one of the following circumstances:

1. The victim is a minor.

2. That there has been deception or intimidation.

3. That the person responsible has become a prevalor of a professional or professional superiority relationship. "

One hundred and ninety-four. A new Article 362 sexies is added, which is worded as follows:

" In the offences provided for in the preceding articles of this Chapter, the substances and products referred to in Articles 359 and following shall be seized, as well as the goods, means, instruments and profits with which they are subject to the provisions of Articles 127 to 128. '

One hundred and ninety-five. Article 366 is amended and read as follows:

" When in accordance with the provisions of Article 31a a legal person is liable for the offences listed in the previous articles of this Chapter, a penalty of one to three years shall be imposed, or double the penalty the value of the substances and products referred to in Articles 359 and following, or of the benefit which has been obtained or obtained, by applying the highest amount.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

One hundred and ninety-six. Article 374 is amended as follows:

" In the offences referred to in the second subparagraph of Article 301 (1) and in Articles 368 to 372, in addition to the penalties to be imposed for the offence committed, the toxic drugs shall be seized, narcotic drugs or psychotropic substances, equipment, materials and substances referred to in Article 371, as well as goods, means, instruments and profits subject to the provisions of Articles 127 to 128 and the following rules special:

1. Once the judgment is signed, the destruction of the samples that would have been taken, or the destruction of the whole of the seized, shall be carried out in the event that the competent judicial body has ordered its conservation.

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

One hundred and ninety-seven. Article 375 is amended as follows:

" The convictions of foreign judges or courts for crimes of the same nature as those provided for in Articles 361 to 372 of this Chapter will produce the effects of recidivism, unless the criminal antecedent has been cancelled or may be cancelled in accordance with Spanish law. "

One hundred and ninety-eight. Article 376 is amended as follows:

" In the cases provided for in Articles 361 to 372, the judges or courts, reasoning in the judgment, may impose the lesser penalty in one or two degrees to that indicated by the law for the offence in question, provided that the has voluntarily abandoned its criminal activities and has actively collaborated with the authorities or its agents either to prevent the production of the crime, or to obtain decisive evidence for the identification or capture of others. responsible or to prevent the action or the development of the organisations or associations to which has belonged to or has collaborated with.

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

One hundred and ninety-nine. Article 378 is amended as follows:

" Payments made by the penalty for one or more of the offences referred to in Articles 361 to 372 shall be charged in the following order:

1. To repair the damage caused and compensation for damages.

2. To the State's compensation for the amount of the expenses that have been made on their behalf in the cause.

3. º A fine.

4. º To the costs of the particular or private accuser when the payment is imposed.

5. To the other procedural costs, including those of the defense of the process, without preference among the interested parties. "

Two Hundred. Article 386 is amended, which is worded as follows:

" 1. He will be punished with the prison term of eight to twelve years and fine from the decumple of the coin's apparent value:

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

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

3. The one that transports, dispenses, or distributes false or altered currency with knowledge of its falsehood.

2. If the counterfeit coin is put into circulation it will impose the penalty on its top half.

The holding, receipt or obtaining of a counterfeit currency for issue or distribution or putting into circulation shall be punishable by a lower penalty in one or two degrees, having regard to the value of that degree and to the degree of connivance with the forger, alter, introducer, or exporter.

3. The person who has received a false currency from a false currency or distributes it after having found his or her falsehood will be punished with the imprisonment of three to six months or a fine of six to twenty-four months. However, if the apparent value of the currency does not exceed EUR 400, the penalty shall be imposed for one to three months.

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

5. Where, in accordance with Article 31a, a legal person is responsible for the previous offences, the penalty shall be imposed for the penalty of three times the value of the apparent value of the coin. '

Two hundred one. Article 387 is amended as follows:

" For the purposes of the previous article, the metallic coin and the paper currency of legal tender and the one that is expected to be put into legal tender are understood. The national currency will be equated with those of other countries of the European Union and foreign countries.

It will also be the case of a false currency which, despite being carried out on the premises and with the legal materials, is carried out in the knowledge, in the knowledge, of the conditions of issue which the competent authority has put in place or when no issue order is issued. "

Two hundred two. The second paragraph of Article 389 is amended, which is read as follows:

" The purchaser of good faith of postage stamps or timbrated effects who, knowing their falsehood, will distribute or use them will be punished with the imprisonment of three to six months or fine of six to twenty-four months. However, if the apparent value of the stamps or timings does not exceed EUR 400, the penalty shall be imposed for one to three months. '

Two hundred three. Article 400 is amended to read as follows:

" The manufacture, receipt, obtaining or holding of useful materials, materials, instruments, substances, data and software, apparatus, security elements, or other means specifically intended for the commission of the crimes described in the previous Chapters, will be punished with the penalty indicated in each case for the authors. "

Two hundred four. A new Article 402 a is inserted, with the following wording:

"The person who is not authorized to use public and improperly uniform, suit or insignia to give him official status shall be punished with the penalty of one to three months."

Two hundred five. Article 403 is amended, which is worded as follows:

" 1. The person who carries out acts of his or her own profession without having the corresponding academic degree awarded or recognized in Spain in accordance with the legislation in force, will incur the penalty of a fine of twelve to twenty-four months. If the professional activity carried out requires an official certificate certifying the necessary training and legally enabling it for its financial year, the penalty shall be imposed for a fine of six to twelve months.

2. A prison term of six months to two years shall be imposed if any of the following circumstances apply:

(a) If the culprit, in addition, is publicly attributed the quality of the professional covered by the above mentioned title.

(b) If the culprit exercises the acts referred to in the preceding paragraph in a premises or establishment open to the public in which the provision of services of that profession shall be announced. "

Two hundred six. Article 404 is amended, which is worded as follows:

" To the public authority or civil servant who, in the knowledge of his or her injustice, will dictate an arbitrary resolution in an administrative matter will be punished with the penalty of special disablement for employment or public office and for the exercise of the right to vote for a period of nine to 15 years. "

Two hundred seven. Article 405 is amended, which is worded as follows:

" To the public authority or official who, in the exercise of its competence and knowingly its illegality, proposes, appoint or appoint possession for the exercise of a given public charge to any person without If the requirements are legally established for this purpose, you will be punished with the penalties of fine of three to eight months and suspension of employment or public office for one to three years. "

Two hundred eight. Article 418 is amended, which is worded as follows:

" The particular person who will take advantage of the secret or inside information obtained by a public official or authority for a third party, shall be punished with a fine of either the triplet of the benefit obtained or provided and the loss of the possibility of obtaining grants or public aid and the right to benefit from tax or social security benefits or incentives during the period of one to three years. If there is serious harm to the public cause or to third parties, the penalty shall be one to six years imprisonment and the loss of the possibility of obtaining grants or public aid and of the right to benefit from the tax or tax benefits or incentives Social security for the period of six to ten years. "

Two hundred nine. Article 419 is amended, which is worded as follows:

" The public authority or official who, for the benefit of himself or of a third party, receives or requests, by himself or by person, gift, favor or reward of any kind or accept offer or promise to make in the exercise of his office an act contrary to the duties inherent in it or not to carry out or delay unjustifiably the one he should practice, he will incur imprisonment of three to six years, fine of twelve to twenty-four months, and (a) special disqualification for employment or public office and for the exercise of the right to stand as a candidate time from nine to 12 years, without prejudice to the penalty for the act performed, omitted or delayed by reason of the remuneration or promise, if it were a crime. "

Two hundred ten. Article 420 is amended, which is worded as follows:

" The public authority or official who, for the benefit of himself or of a third party, receives or requests, by himself or by person, gift, favor or reward of any kind or shall accept offering or promise to carry out a his own office, he shall be sentenced to imprisonment of two to four years, a fine of 12 to 24 months and a special disqualification for employment or public office and for the exercise of the right to vote for five to nine years. years. "

Two hundred eleven. Article 423 is amended, which is worded as follows:

" The provisions of the foregoing articles shall also apply to juries, arbitrators, mediators, experts, administrators or auditors appointed judicially, administrators or any persons who participate in the exercise of the public function. "

Two hundred twelve. Article 424 is amended, which is worded as follows:

" 1. The special person who offers or will give to an authority, a public official or a person participating in the exercise of the public function to perform an act contrary to the duties inherent in his office, or to give him or her other class or an act of his or her own office, so that he does not perform or delay the one he or she should practice, or in consideration of his or her position or function, shall be punished in their respective cases, with the same imprisonment and fine as the authority, official or person corrupted.

2. Where a particular person gives the gift or remuneration on the basis of the authority's request, a public official or a person participating in the exercise of the public service, the same prison sentences and fines shall be imposed on them. correspond.

3. If the performance achieved or intended by the official authority or official is related to a procurement procedure, grants or auctions called by the public authorities, the individual and, where appropriate, the person concerned shall be imposed on the society, association or organisation to which I represent the penalty of disqualification to obtain grants and public aid, to contract with entities, bodies or entities that are part of the public sector and to benefit from benefits or incentives Tax and Social Security for a period of five to ten years. "

Two hundred thirteen. Article 427 is amended as follows:

" The provisions of the preceding articles shall also apply where the facts are imputed or affect:

(a) Any person holding a legislative, administrative or judicial job or employment in a country of the European Union or any other foreign country, both by appointment and by choice.

(b) Any person exercising a public function for a country of the European Union or any other foreign country, including a public body or a public undertaking, for the European Union or for another international organisation public.

(c) Any official or agent of the European Union or of a public international organisation. "

Two hundred fourteen. A new Article 427 a is inserted, with the following wording:

" When in accordance with the provisions of Article 31a, a legal person is liable for the offences listed in this Chapter, the following penalties shall be imposed:

a) Multa of two to five years, or triple to five years of the profit obtained when the resulting amount is higher, if the offence committed by the natural person has a prison term of more than five years.

(b) Multa of one to three years, or double to quadruple of the benefit obtained when the resulting amount is higher, if the offence committed by the natural person is intended to be a penalty of more than two years ' imprisonment freedom not included in the previous paragraph.

c) Multa from six months to two years, or double to triple the benefit obtained if the resulting amount is higher, in the rest of the cases.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Two hundred fifteen. Article 428 is amended, which is worded as follows:

" The public official or authority that influences another public official or authority by exercising the powers of his or her office or any other situation arising from his or her personal or hierarchical relationship with this or with another official or authority to obtain a judgment which may generate directly or indirectly an economic benefit for himself or for a third party, incur the prison sentences of six months to two years, a fine of the double of the the benefit sought or obtained and the special disqualification for employment or public office and for the exercise of the right to stand as a candidate for five to nine years. If you obtain the benefit pursued, these penalties shall be imposed in your upper half. "

Two hundred and sixteen. Article 429 is amended as follows:

" The particular person who has an influence on a public official or authority making use of any situation arising out of his or her personal relationship with him or with another public official or authority to obtain a resolution that may generate directly or indirectly an economic benefit for himself or for a third party, he will be punished with prison sentences of six months to two years, fine of the double of the profit pursued or obtained, and prohibition of contracting with the sector public, as well as the loss of the possibility of obtaining subsidies or public and the right to benefit from tax and social security benefits or incentives for a period of six to ten years. If you obtain the benefit pursued, these penalties shall be imposed in your upper half. "

Two hundred seventeen. Article 430 is amended, which is worded as follows:

" Those who, by offering to conduct the conduct described in the previous two articles, request from third parties, present or any other remuneration, or accept offer or promise, will be punished with the penalty of prison from six months to one year. If the offence is committed by public authority or official, it shall also be subject to the penalty of special disablement for public office or employment and for the exercise of the right to stand as a candidate for one to four years.

When in accordance with the provisions of Article 31a, a legal person is liable for the offences listed in this Chapter, the penalty shall be imposed for a fine of six months to two years.

Served by the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in points (b) to (g) of Article 33 (7). "

Two hundred and eighteen. Article 431 is deleted.

Two hundred nineteen. Article 432 is amended as follows:

" 1. The public authority or official who committed the offence under Article 252 on the public estate shall be punished with a prison term of two to six years, special disablement for public office or employment and for the exercise of the right of Passive suffrage for six to ten years.

2. The same penalty shall be imposed on the public authority or official who committed the offence under Article 253 on public assets.

3. Prison sentences of four to eight years shall be imposed and absolute disablement shall be imposed for ten to twenty years if in the facts referred to in the previous two numbers there have been any of the following circumstances:

a) serious damage or disruption to the public service would have been caused, or

(b) the value of the damage caused or of the appropriate goods or effects shall exceed EUR 50 000.

If the value of the damage caused or of the appropriate goods or effects exceeds EUR 250,000, the penalty shall be imposed in its upper half, reaching the upper half in grade. "

Two hundred and twenty. Article 433 is amended as follows:

" The facts referred to in the previous article shall be punishable by imprisonment of one to two years and fine of three months and one day to twelve months, and in any case special disablement for public office or employment for a period of one to five years, where the damage caused or the value of the appropriate goods or values is less than EUR 4 000. '

Two hundred and twenty-one. Article 434 is amended as follows:

" If the culprit of any of the facts established in this Chapter has effectively repaired and integrated the damage caused to the public patrimony, or has actively collaborated with the authorities or their agents to to obtain decisive evidence for the identification or capture of other persons responsible or for the complete clarification of the criminal acts, the judges and courts shall impose the sentence of less than one or two degrees on the person responsible for this crime. "

Two hundred and twenty-two. A numeral 4. º is added to Article 435, with the following mention:

" 4. The conformed administrators, in relation to the insolvency mass or the economic interests of the creditors. In particular, the interests of the creditors shall be considered to be affected when the payment order of the credits established in the law is altered in a dolous manner. "

Two hundred and twenty-three. Article 436 is amended and read as follows:

" The public authority or official who, acting on the basis of his or her duties in any of the acts of the public procurement procedure or in liquidations of public effects or assets, shall be concerned with the persons concerned. or use of any other artifice to defraud any public entity, shall incur the imprisonment of two to six years and shall not be entitled to special employment or public office and for the exercise of the right to vote for six to six years. ten years. In particular, the authority or public official shall be subject to the same prison sentence as to those, as well as the one for disqualification to obtain grants and public aid, in order to recruit entities, bodies or entities. they are part of the public sector and to benefit from tax and social security benefits or incentives for a period of two to seven years. "

Two hundred and twenty-four. Article 438 is amended, which is worded as follows:

" The public authority or official who, by abusing his position, committed a crime of fraud or fraud of benefits of the Social Security System of Article 307 ter, shall incur the penalties respectively In their upper half, they may be higher than in grade, and special disqualification for employment or public office and for the exercise of the right to vote for a period of three to nine years, unless the facts are punishable by a more serious penalty in some other precept of this Code. "

Two hundred and twenty-five. Article 439 is amended, which is worded as follows:

" The public authority or official who, having to intervene on the basis of his or her position in any kind of contract, subject, operation or activity, takes advantage of such circumstance to force or facilitate any form of participation, directly or by person, in such business or proceedings, will incur the imprisonment of six months to two years, fine of twelve to twenty-four months and special disablement for employment or public office and for the exercise of the the right to vote for two to seven years. '

Two hundred and twenty-six. Article 440 is amended as follows:

" Experts, arbitrators and accountants who are responsible for the manner provided for in the preceding Article, in respect of the goods or matters in which the assessment, partition or award of the goods has been carried out, and the guardians, curators or albaceas in respect of those belonging to their pupils or testamentas, and the administrators convied with respect to the goods and rights integrated in the mass of the contest, shall be punished with the penalty of fine of twelve to twenty-four months and special disablement for employment or public office, occupation or office, guardianship or conservatorship, depending on the cases, for three to six years, unless this conduct is punishable by further penalty in another precept of this Code. "

Two hundred and twenty-seven. Article 441 is amended as follows:

" The public authority or official who, outside the cases admitted to the laws or regulations, shall, by himself or by person, carry out a professional activity or of permanent or accidental advice, under the or at the service of private or private entities, in cases where he is required to intervene or have intervened on his behalf, or in which they are processed, informed or resolved in the office or management centre in which he or she is assigned or is dependent, incur the penalties of fine of six to twelve months and suspension of employment or public office for time two to five years. "

Two hundred and twenty-eight. Article 442 is amended as follows:

" The public authority or official who makes use of a secret of which he is aware by reason of his or her office or office, or of a privileged information, in order to obtain an economic benefit for himself or for a third party, it shall be subject to the penalties of a fine of either the three-fold or the benefit pursued, obtained or provided and the special disablement for employment or public office and for the exercise of the right to vote for two to four years. If he has the benefit pursued, the prison sentences of one to three years shall be imposed, a fine of that amount on the sixfold of the benefit pursued, obtained or provided and special disablement for employment or public office and for the exercise of the right For a period of four to six years, a passive vote shall be taken.

If there is serious harm to the public cause or to the third party, the sentence shall be one to six years imprisonment, and special disqualification for employment or public office and for the exercise of the right to vote for nine years. twelve years. For the purposes of this Article, any information of a particular character is understood to be in the form of information which is solely for the purpose of the public office or office and which has not been notified, published or disclosed. "

Two hundred twenty-nine. The heading of Chapter X of Title XIX of Book II is amended, which will be worded as follows:

Chapter X "Common Disposition to Previous Chapters"

Two hundred thirty. Article 445 is amended, which will have the following wording:

"The provocation, the conspiracy and the proposition to commit the offences provided for in this Title shall be punishable, respectively, with the lower penalty in one or two degrees."

Two hundred and thirty-one. Article 446 is amended as follows:

" The judge or magistrate who, knowingly, will dictate sentence or unjust resolution will be punished:

1. With the prison term of one to four years if it is an unjust sentence against the inmate in criminal case for a serious or less serious crime and the sentence would not have been executed, and with the same penalty in his superior half and a fine of twelve to twenty-four months if it has been executed. In both cases, it will also impose the penalty of absolute disablement for ten to twenty years.

2. º With the penalty of fine of six to twelve months and special disablement for employment or public office for six to ten years, if this was an unfair sentence against the inmate handed down in the process for a minor offence.

3. With the penalty of fine of twelve to twenty-four months and special disablement for employment or public office for ten to twenty years, when he will dictate any other unjust sentence or resolution. "

Two hundred and thirty-two. Article 456 (1), which is worded as follows, is amended as follows:

" 1. Those who, with knowledge of their falsehood or reckless disregard for the truth, will impute to some person facts that, if certain, would constitute a criminal offence, if this imputation is made before a judicial or administrative official who has the duty to proceed with their inquiry, they will be punished:

1. With the imprisonment of six months to two years and a fine of twelve to twenty-four months, if a felony is charged.

2. º With the penalty of a fine of twelve to twenty-four months, if a less serious crime is charged.

3. º With the penalty of fine of three to six months, if a minor offence is charged. "

Two hundred and thirty-three. A paragraph 3 is added to Article 468, with the following content:

" 3. Those who do not use or disturb the normal operation of the technical devices which would have been disposed to control the performance of penalties, safety measures or precautionary measures, do not take them with them or omit the measures required in order to maintain their proper functioning, they will be punished with a penalty of fine of six to twelve months. "

Two hundred and thirty-four. Article 485 is amended, which will have the following wording:

" 1. The one who will kill the King or the Queen or the Prince or the Princess of Asturias will be punished with the permanent reviewable prison term.

2. The one who will kill any of the ascendants or descendants of the King or the Queen, the Queen consort or the consort of the Queen, the Regent or any member of the Regency, shall be punished with the imprisonment of twenty to twenty-five years, except that the facts were punishable by a more serious penalty in some other precept of this Code.

If two or more aggravating circumstances are present in the offence, the prison sentence of twenty-five to thirty years shall be imposed.

3. In the case of an attempt to these offences, the lower penalty may be imposed to a degree. "

Two hundred and thirty-five. Article 510 is amended as follows:

" 1. They will be punished with a prison term of one to four years and fine of six to twelve months:

(a) Those who publicly encourage, promote or directly or indirectly incite hatred, hostility, discrimination or violence against a group, a part of it or against a person determined by reason of their membership that, for racist, anti-Semitic or other reasons relating to ideology, religion or belief, family situation, membership of an ethnic, race or nation, national origin, sex, orientation or sexual identity, for reasons of gender, disease or disability.

(b) Those who produce, produce, possess for the purpose of distributing, provide to third parties access, distribute, disseminate or sell written or any other kind of material or supports that are suitable for their content to promote, promote, or directly or indirectly incite hatred, hostility, discrimination or violence against a group, a part of it, or against a person determined by reason of his or her membership of the group, for racist, anti-Semitic or other references to ideology, religion or beliefs, family situation, membership of their members to an ethnicity, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, disease or disability.

(c) in the case of crimes of genocide, crimes against humanity or persons and property protected in the event of armed conflict, or in the case of armed conflict, or in cases where they have been committed, are publicly denied. against a group or part thereof, or against a person determined by reason of his or her membership, on the grounds of racist, anti-Semitic or other reasons relating to the ideology, religion or belief, the family situation or the membership of its members to an ethnicity, race or nation, their national origin, their sex, orientation or sexual identity, by reasons for gender, disease or disability, when in this way a climate of violence, hostility, hatred or discrimination against them is promoted or promoted.

2. They will be punished with the imprisonment of six months to two years and fine of six to twelve months:

(a) Those who injure the dignity of persons by actions involving humiliation, disparagement or disrepute of any of the groups referred to in the preceding paragraph, or of a part thereof, or of any person determined by reason of their belonging to them for racist, anti-Semitic or other reasons relating to ideology, religion or belief, family situation, membership of their members to an ethnicity, race or nation, their national origin, their sex, sexual orientation or identity, for reasons of gender, disease or disability, or produce, They shall, in order to distribute, provide third persons with access to, distribute, disseminate or sell written or any other material or media which, for their content, are suitable for the injury of the dignity of persons. to represent a serious humiliation, disparagement or disrepute of any of the groups mentioned, of a part of them, or of any person determined by reason of their belonging to them.

(b) Those who believe or justify by any means of public expression or dissemination the offences that have been committed against a group, a part of it, or against a person determined by reason of their membership for racist, anti-Semitic or other reasons relating to ideology, religion or belief, family situation, membership of an ethnic, race or nation, national origin, sex, orientation or sexual identity, for reasons of gender, disease or disability, or those who have participated in its implementation.

The facts will be punished with a penalty of one to four years in prison and a fine of six to twelve months when in this way a climate of violence, hostility, hatred or discrimination is promoted or promoted. groups.

3. The penalties provided for in the preceding paragraphs shall be imposed in their upper half where the facts have been carried out through a means of social communication, by means of the Internet or by the use of information technology, that the person was made accessible to a large number of people.

4. When the facts, in the light of their circumstances, are ideal for altering public peace or creating a serious feeling of insecurity or fear among the members of the group, the penalty will be imposed in its upper half, which can be raised to the higher in grade.

5. In all cases, the penalty of special disqualification for a profession or an educational profession, in the field of education, sport and leisure, shall also be imposed for a period of more than three to ten years for the duration of the penalty of deprivation of freedom imposed in his case at the judgment, in proportion to the seriousness of the offence, the number of the tasks and the circumstances of the offender.

6. The judge or tribunal shall agree to the destruction, erasure or inuse of the books, files, documents, articles and any kind of support which are the subject of the offence referred to in the preceding paragraphs or by means of which it has been committed. Where the offence has been committed through information and communication technologies, the withdrawal of the contents shall be agreed.

In cases where, through an internet access portal or the information society service, the content referred to in the previous paragraph is exclusively or preponderantly disseminated, the block shall be ordered access or interruption of the provision of the same. "

Two hundred and thirty-six. A new Article 510 a is inserted, with the following wording:

" When in accordance with Article 31a, a legal person is liable for the offences included in the two preceding articles, the penalty shall be imposed for a fine of two to five years. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33 (7) (b) to (g).

In this case, the provisions of Article 510 (3) of the Criminal Code shall also apply. "

Two hundred and thirty-seven. Article 511 is amended as follows:

" 1. He shall be sentenced to imprisonment of six months to two years and a fine of 12 to 24 months and a special disqualification for employment or public office for a period of one to three years, the person in charge of a public service denying a person a benefit to which you are entitled by reason of your ideology, religion or belief, your membership of an ethnicity or race, your national origin, your sex, sexual orientation, family situation, for reasons of gender, disease or disability.

2. The same penalties shall apply when the facts are committed against an association, foundation, corporation or corporation or against its members by reason of their ideology, religion or belief, the membership of their members or any of them to an ethnic group. or race, national origin, sex, sexual orientation, family situation, for reasons of gender, disease or disability.

3. Public servants who make any of the facts provided for in this Article shall be subject to the same penalties in their upper half and in that of special disablement for employment or public office for two to four years.

4. In all cases, the penalty of special disqualification for a profession or an educational profession, in the field of education, sport and leisure, shall be imposed for a period of more than one to three years for the duration of the penalty of deprivation of freedom imposed in his case at the judgment, in proportion to the seriousness of the offence and to the circumstances of the offender. "

Two hundred and thirty-eight. Article 512 is amended, which is worded as follows:

" Those who, in the exercise of their professional or business activities, deny a person a benefit to which they are entitled by reason of their ideology, religion or belief, their membership of an ethnic, race or nation, their sex, sexual orientation, family situation, for reasons of gender, disease or disability, shall incur the penalty of special disablement for the exercise of profession, trade, industry or trade and special disablement for occupation or occupation education, in the field of teaching, sports and leisure for a period of one to four years years. "

Two hundred and thirty-nine. Article 515 is amended as follows:

" Illicit associations are punishable, taking such consideration:

1. º Those that are intended to commit a crime or, after constituted, promote their commission.

2. The ones that, even having as their object a lawful end, employ violent means or alteration or control of the personality for their achievement.

3. Paramilitary organizations.

4. THOSE WHO ENCOURAGE, PROMOTE OR DIRECTLY OR INDIRECTLY INCITE HATRED, HOSTILITY, DISCRIMINATION OR VIOLENCE AGAINST PERSONS, GROUPS OR ASSOCIATIONS BY REASON OF THEIR IDEOLOGY, RELIGION OR BELIEF, MEMBERSHIP OF THEIR MEMBERS or any of them to an ethnicity, race or nation, their sex, sexual orientation, family situation, illness or disability. "

Two hundred and forty. Article 550 is amended as follows:

" 1. The persons who have attacked or, with serious intimidation or violence, are guilty of serious resistance to the authority, their agents or public servants, or the persons concerned, when they are in the exercise of the functions of their posts or with occasion of them.

In any case, acts of attack shall be deemed to have been committed against the teaching or health officials who are in the exercise of their duties, or at the time of their duties.

2. The attacks will be punishable by prison sentences of one to four years and a fine of three to six months if the attack was against authority and imprisonment from six months to three years in other cases.

3. By way of derogation from the previous paragraph, if the authority against which it is served is a member of the Government, of the Councils of Government of the Autonomous Communities, of the Congress of Deputies, of the Senate or of the Legislative Assemblies of the Autonomous Communities, of the local Corporations, of the General Council of the Judiciary, Magistrate of the Constitutional Court, judge, magistrate or member of the Prosecutor's Office, will impose the penalty of imprisonment of one to six years and fine of six to twelve months. "

Two hundred and forty-one. Article 551 is amended as follows:

" The upper penalties shall be imposed in degree to the respective ones provided for in the previous article provided that the attack is committed:

1. Making use of weapons or other dangerous objects.

2. When the act of violence is potentially dangerous to people's lives or can cause serious injury. In particular, the alleged launch of flammable objects or flammable liquids, the fire and the use of explosives are included.

3. Acommitting to the authority, its agent or the public official making use of a motor vehicle.

4. º When the facts are carried out on the occasion of a riot, planting or collective incident inside a prison. "

Two hundred and forty-two. Article 552 is deleted.

Two hundred and forty-three. Article 554 is amended as follows:

" 1. The facts described in Articles 550 and 551 shall also be punishable by the penalties expressed in them when they were committed against a member of the Armed Forces who, wearing uniform, was providing a service that would have been legally mandated.

2. The same penalties will be imposed on those who commit, use violence or intimidate people who come to the aid of the authority, their agents or officials.

3. The penalties of Articles 550 and 551 shall also be imposed on those who commit, use violence or seriously intimidate:

(a) To firefighters or members of the health personnel or relief teams who are intervening on the occasion of a disaster, public calamity or emergency situation, in order to prevent them from exercising their functions.

b) Private security personnel, duly identified, who develop private security activities in cooperation and under the command of the Security Forces and Corps. "

Two hundred and forty-four. Article 555 is deleted.

Two hundred and forty-five. Article 556 is amended as follows:

" 1. They shall be punishable by imprisonment of three months to one year or a fine of six to 18 months, which, without being covered by Article 550, shall be held liable or seriously disobeyed by the authority or its servants in the performance of their duties; or the private security personnel, duly identified, who develop private security activities in cooperation and under the command of the Security Forces and Corps.

2. Those who fail to respect and regard due to the authority, in the performance of their duties, shall be punished with the penalty of a fine of one to three months. "

Two hundred and forty-six. Article 557 is amended as follows:

" 1. Those who act in a group or individually but are protected by it, will alter public peace by executing acts of violence on people or on things, or by threatening others to carry them out, will be punished with a sentence of six months to three months. years of imprisonment.

These penalties shall be imposed without prejudice to those which may correspond to the specific acts of violence or threats that have been carried out.

2. With the same penalties, those who act on the group or their individuals will be punished by encouraging them to take the actions described in the previous paragraph or by strengthening their readiness to carry them out. "

Two hundred and forty-seven. A new Article 557a is inserted, with the following wording:

" The facts described in the previous article will be punishable by one to six years in prison when one of the following circumstances is present:

1. When any of the members of the offence carry a weapon or other dangerous instrument, or display a simulated firearm.

2. When the act of violence is potentially dangerous to people's lives or can cause serious injury. In particular, the alleged launch of flammable objects or flammable liquids, the fire and the use of explosives are included.

3. When the facts are held at a large event or meeting, or at any time.

4. When acts of pillage are carried out.

5. When the author of the event is prevalorise to his status as an authority, agent or public official.

6. When they are carried out with concealment of the face and thus make it difficult to identify their authors.

These penalties shall be imposed without prejudice to those that may correspond to the specific acts of violence, threats or pillage that have been carried out. "

Two hundred and forty-eight. A new Article 557b is introduced, with the following content:

" 1. Those who, acting as a group or individually but covered by it, invade or occupy, against the will of their holder, the domicile of a public or private legal person, a dispatch, office, establishment or local, even if it is open to public, and thereby cause a significant disturbance of public peace and normal activity, will be punished with a prison term of three to six months or a fine of six to twelve months, unless the facts are already punished with a further penalty. severe in another precept of this Code.

2. The facts shall be punishable by a higher penalty in the case of circumstances 1, 3, 3, 4. or 5. of Article 557a. '

Two hundred and forty-nine. Article 559 is amended as follows:

" The distribution or public dissemination, through any means, of messages or slogans that incite the commission of any of the offences of alteration of the public order of article 557a of the Penal Code, or that serve to strengthen the decision to carry them out, will be punished with a penalty of fine of three to twelve months or imprisonment of three months to one year. "

Two hundred and fifty. Article 561 is amended as follows:

" Who falsely claims or simulate a situation of danger to the community or the production of a disaster as a result of which it is necessary to provide assistance to another, and thereby cause the mobilization of the services of police, assistance or rescue, shall be punishable by imprisonment of three months and one day to one year or a fine of three to eighteen months. "

Two hundred and fifty-one. Article 566 is amended as follows:

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

1. No. If it is weapons or munitions of war or chemical, biological, nuclear or radiological weapons or anti-personnel mines or cluster munitions, with the imprisonment of five to ten years the promoters and organizers, and with the prison of three to five years who have cooperated in their training.

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

3. The same penalties shall be punishable, in their respective cases, for the trafficking of weapons or ammunition of war or of defence, or of chemical, biological, nuclear or radiological weapons or of anti-personnel mines or cluster munitions.

2. The penalties referred to in point 1 of the previous paragraph shall be imposed on those who develop or use chemical, biological, nuclear or radiological weapons or anti-personnel mines or cluster munitions or initiate military preparations for their use or do not destroy them in violation of international treaties or conventions in which Spain is a party. "

Two hundred and fifty-two. Article 567 (1) and (2) are amended as follows:

" 1. Weapons of war are considered to be the manufacture, marketing or possession of any such weapons, regardless of their model or class, even if they are in disassembled parts. It is considered a repository of chemical, biological, nuclear or radiological weapons or of anti-personnel mines or cluster munitions manufacturing, placing on the market or holding them.

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

2. Weapons of war are considered to be determined as such in the national defense regulatory provisions. Chemical, biological, nuclear or radiological weapons, anti-personnel mines or cluster munitions are considered as such in the international treaties or conventions in which Spain is a party.

The development of chemical, biological, nuclear or radiological weapons, anti-personnel mines or cluster munitions is understood to be any activity consistent with scientific or technical research or study aimed at the creation of a new chemical, biological, nuclear or radiological weapon, or anti-person mine or cluster ammunition or the modification of a pre-existing one. '

Two hundred and fifty-three. Article 57a (1) is amended, which shall be read as follows:

" 1. Those who promote, constitute, organize, coordinate or direct a criminal organization shall be punished with the imprisonment of four to eight years if the latter has the purpose or object of the commission of serious crimes, and with the penalty of (a) imprisonment of three to six years in other cases; and those who participate actively in the organisation, become part of it or cooperate economically or in any other way with the organisation shall be punished with prison sentences of two to five years if he has as an end the commission of serious crimes, and with the imprisonment of one to three years in the others cases.

For the purposes of this Code it is understood by criminal organization the grouping formed by more than two persons in a stable or indefinite time, that in a concerted and coordinated manner various tasks are repaired or functions in order to commit crimes. "

Two hundred and fifty-four. Article 570 (1), paragraph 1, is amended as follows:

" 1. Those who constitute, finance or integrate a criminal group will be punished:

(a) If the purpose of the group is to commit crimes of those mentioned in paragraph 3 of the previous article, with the penalty of two to four years in prison if it is one or more serious crimes and one to three years in prison if These are less serious crimes.

b) With the penalty of six months to two years in prison if the group's purpose is to commit any other serious crime.

c) With the penalty of three months to one year in prison when it comes to committing one or several less serious crimes not listed in subparagraph (a) or the repeated perpetration of minor offenses.

For the purposes of this Code it is understood by criminal group the union of more than two persons who, without gathering any or some of the characteristics of the criminal organization as defined in the previous article, has for purpose or for the purpose of concerted perpetration of offences. "

Two hundred and fifty-five. Article 605 (1) is amended and read as follows:

" 1. The one who will kill the Head of a foreign State, or another person internationally protected by a Treaty, which is in Spain, will be punished with the permanent reviewable prison sentence. "

Two hundred and fifty-six. Article 607 is amended as follows:

" 1. Those who, for the purpose of totally or partially destroying a national, ethnic, racial, religious or disability group of their members, shall carry out any of the following acts, shall be punished:

1. With the permanent prison term reviewable, if any of its members are killed.

2. With the permanent prison term reviewable, if they sexually assaulted any of their members or produced any of the injuries provided for in Article 149.

3. With the imprisonment of eight to fifteen years, if you submit the group or any of your individuals to conditions of existence that endanger your life or seriously disturb your health, or when you have some of them the injuries provided for in Article 150.

4. With the same penalty, if they carry out forced displacements of the group or its members, they will adopt any measure that tends to impede their gender of life or reproduction, or they will transfer by force individuals from a group to other.

5. With the prison sentence of four to eight years, if you produce any other lesion other than those mentioned in the numerals 2. º and 3. of this section.

2. In all cases, the penalty of special disqualification for a profession or an educational profession, in the field of education, sport and leisure, shall also be imposed for a period of more than three to five years for the duration of the sentence of imprisonment. freedom imposed in his case at the judgment, in proportion to the seriousness of the offence and to the circumstances of the offender. "

Two hundred and fifty-seven. Paragraphs 1 and 6 of paragraph 2 are amended and a paragraph 3 is added to Article 607 a, which shall be worded as follows:

"1. º With the permanent custodial sentence reviewable if they cause the death of any person."

" 6. The enforced disappearance of persons with the imprisonment of twelve to fifteen years. It shall be understood as enforced disappearance of apprehension, detention or abduction or any other form of deprivation of liberty that is the work of agents of the State or by persons or groups of persons acting with the authorization, the support or the State acquiescence, followed by the refusal to recognize such deprivation of liberty or the concealment of the fate or whereabouts of the missing person, subtracting it from the protection of the law. "

" 3. In all the cases provided for in the preceding paragraph, the penalty for special disqualification for a profession or an educational profession, in the field of education, sport and leisure, shall also be imposed for a period of more than three to five years. duration of the penalty of deprivation of liberty imposed in his case at the sentence, in proportion to the seriousness of the offence and to the circumstances of the offender. "

Two hundred and fifty-eight. Substitution of terms in the Penal Code.

1. All the references contained in the Organic Law 10/1995 of 23 November of the Penal Code, to the terms "incapable" or "incapable" are replaced by the terms "person with disabilities in need of special protection" or " persons with disability in need of special protection ".

2. All the references contained in the Organic Law 10/1995 of 23 November of the Penal Code to the term "disability" are replaced by the term "disability."

Two hundred and fifty-nine. Substitution of terms in the Penal Code.

1. All the references contained in the Organic Law 10/1995, of 23 November, of the Penal Code, to the King are replaced by the words "King or Queen".

2. All the references contained in the Organic Law 10/1995, of 23 November, of the Penal Code, to the Crown Prince of the Crown are replaced by "Prince or Princess of Asturias".

Two hundred and sixty. Substitution of terms in the Penal Code.

"All the references contained in the Organic Law 10/1995 of 23 November of the Criminal Code at the end of the term" are replaced by the term "decomisogation."

Additional disposition first. Judicial authorisation for sterilisation.

The sterilization referred to in the second paragraph of Article 156 of the Penal Code shall be authorized by a judge in the procedure for the modification of the capacity or in a subsequent contradictory procedure, at the request of the of the legal representative of the person on whose sterilisation is resolved, heard the opinion of two specialists and the Prosecutor's Office, and after examination by the judge of the person concerned who lacks the capacity to give his consent.

Additional provision second. Instruction and prosecution of minor crimes.

The instruction and prosecution of the minor crimes committed after the entry into force of this Law will be substantiated in accordance with the procedure laid down in Book VI of the current Criminal Procedure Law, whose Precepts will be adapted to the present reform in whatever is necessary. The particulars contained in the procedural laws to the faults shall be construed as referring to the minor offences.

Additional provision third. Rules for the exercise of pardon grace.

The government will submit a report on the granting and denial of pardons to the Congress of Deputies. For the presentation of the data contained in the aforementioned report, and upon revision of the report, a senior official of the Ministry of Justice will request his appearance before the Justice Committee of the Congress of Deputies.

First transient disposition. Applicable legislation.

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

2. For the determination of the most favorable law, it will be taken into account the penalty that would correspond to the fact that the fact is prosecuted with the application of the complete rules of the Code in its previous wording and with those of the Code resulting from the reform operated by this Law and, where appropriate, the possibility of imposing security measures.

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

Second transient disposition. Reviewing statements.

1. The General Council of the Judiciary, in the field of the powers conferred on it by Article 98 of the Organic Law 6/1985, of July 1, of the Judicial Branch, may assign the review of the final judgments handed down before the validity of the Law to one or more of the Courts of the Criminal or sections of the Provincial Hearings dedicated in regime of exclusivity to the execution of penal sentences.

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

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

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

The judgments in which, in accordance with the previous wording of the articles of the Code and the present reform, are not to be reviewed, shall not be reviewed.

3. The sentences in which the sentence is executed or suspended will not be reviewed, even if they are pending to execute other pronouncements of the judgment, as well as the ones already executed, without prejudice to the judge or tribunal that in the future (a) may be taken into account for the purpose of reoffending; it must be examined in advance whether the fact of the offence has ceased to be a crime or that it may correspond to a lesser penalty than that imposed on its day, in accordance with this Law.

4. In the case of partial pardoning, the judgments shall not be reviewed where the resulting penalty found in compliance with the sentence is contained in a lower taxable amount in respect of this Law.

Transitional provision third. Rules of invocation of applicable resource regulations.

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

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

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

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

Transitional disposition fourth. Judgments of faults in processing.

1. The processing of the proceedings for failure initiated before the entry into force of this Law, by facts that are classified as minor offences, will continue to be substantiated in accordance with the procedure laid down for the trial of faults in the Book VI of the current Criminal Prosecution Act.

2. The processing of the processes for lack initiated prior to the entry into force of this Law by facts that result from it decriminalized or subjected to the regime of prior denunciation, and that they carry a possible civil liability, will continue until its normal termination, except that the legitimized for it will expressly manifest not to want to exercise the civil actions that will assist him, in which case the file of the acted, with the seen of the Fiscal Ministry will proceed.

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

Single repeal provision.

1. Book III of the Organic Law 10/1995 of 23 November of the Penal Code is repealed.

2. The provisions of this Organic Law are repealed as many provisions are repealed.

Final disposition first. Amendment of the Law of June 18, 1870, of Rules for the exercise of the Grace of Pardon.

An additional provision is added to the Law of June 18, 1870, of Rules for the Exercise of the Grace of Pardon, with the following content:

" The government will submit a report on the granting and denial of pardons to the Congress of Deputies. For the presentation of the data contained in the aforementioned report, and after review, a senior official of the Ministry of Justice will request his appearance before the Justice Committee of the Congress of Deputies. "

Final disposition second. Amendment of the Law of Criminal Procedure approved by Royal Decree of 14 September 1882, which approved the Law of Criminal Procedure.

The Criminal Procedure Law approved by Royal Decree of 14 September 1882 is amended in the following terms:

One. The number 1 and point (d) of Article 14 (5), which shall be amended as follows, are amended.

" 1. For the knowledge and failure of the minor crime trials, the Judge of Instruction, unless the jurisdiction corresponds to the Judge of Violence on Women in accordance with the number 5 of this article. "

d) The knowledge and judgment of the judgments in respect of the offences referred to in the second subparagraph of Article 171 (7), second subparagraph of Article 172 (3) and Article 173 (4) of the Law Organic 10/1995, of 23 November, of the Penal Code, when the victim is one of the persons mentioned as such in point (a) of this paragraph. "

Two. Article 105 is amended, which shall be amended as follows.

" 1. The officials of the Prosecutor's Office shall have the obligation to exercise, in accordance with the provisions of the Law, all criminal actions which they consider to be coming, whether or not there is particular accuser in the causes, except those of the Penal Code. reservation exclusively to the private query.

2. In criminal offences at the request of the aggrieved person, the Prosecutor's Office may also report if that person is a minor, a person with a disability in need of special protection or is invalid.

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

Three. Article 367 (3) is amended as follows:

" 3. The provisions of the two preceding paragraphs shall also apply to the effects on the commission of offences against intellectual and industrial property. It may also be destroyed in advance once such effects have been examined in a successful manner, ensuring the preservation of the samples which are necessary to ensure further checks or investigations, except the judicial authority shall, by means of a reasoned decision, give its full preservation within one month of the request for destruction. '

Four. Paragraphs 2 and 3 of Article 367 c are amended as follows:

" 2. Where one of the cases provided for in the preceding paragraph is present, the judge, on his own initiative or at the request of the Prosecutor's Office, the parties or the Office for the Recovery and Management of Assets, and after hearing the person concerned, shall agree to the the performance of the judicial effects, unless one of the following circumstances is present:

(a) This pending resolution of the action brought by the person concerned against the seizure or confiscation of the goods or effects.

(b) The measure may be disproportionate, in view of the effects it may have on the person concerned and, in particular, of the greater or lesser relevance of the indications on which the precautionary decision was based seizure.

3. By way of derogation from the foregoing paragraphs, where the good in question is the subject of an agreement adopted by a foreign judicial authority pursuant to the Law on the Mutual Recognition of Criminal Judgments in the European Union, its implementation shall not be carried out without prior obtaining the authorization of the foreign judicial authority. "

Five. Paragraph 3 of Article 367 d is amended as follows:

" 3. The implementation of the judicial effects shall be carried out in accordance with the procedure to be determined in accordance with the rules. However, prior to the agreement, a hearing will be granted to the Prosecutor's Office and to the interested parties.

The product of the realization of the effects, goods, instruments and profits shall be applied to the expenses that would have been caused in the preservation of the goods and in the procedure of realization of the same, and the surplus part shall be entered in the accounts of the court or tribunal, and shall be subject to the payment of the civil liability and the costs which are declared, where appropriate, in the proceedings. It may also be wholly or partially allocated to the Office for the Recovery and Management of Assets and to the organs of the Ministry of Public Prosecutor in charge of the Office for the Recovery and Management of Assets and to the Office for the Recovery and Management of Assets. repression of the activities of criminal organisations. All without prejudice to the provisions of the Fund for goods seized by illicit drug trafficking and other related crimes.

In the event of the completion of a property seized or seized in order of a foreign judicial authority, the provisions of the Law on the Mutual Recognition of Criminal Resolutions in the European Union shall apply. "

Six. Article 367 e is amended as follows:

" 1. The provisional use of the goods or effects seized in the following cases may be authorised:

(a) Where the circumstances referred to in points (b) to (f) of Article 367 (1) are met, and the use of the effects allows the Administration to make use of its value greater than that of the anticipated, or the anticipated performance of the same is not considered appropriate.

(b) In the case of particularly suitable effects for the provision of a public service.

2. Where one of the cases referred to in the preceding paragraph is present, the judge, on his own initiative or at the request of the Prosecutor's Office or the Office for Recovery and Management of Assets, and after hearing the person concerned, shall authorise the use of (a) the provisional effect of the judicial effects, unless one of the circumstances referred to in the second subparagraph of Article 367 (2) is met.

3. The Office for Recovery and Management of Assets shall be responsible for resolving, in accordance with legal and regulatory provisions, the award of the use of the confiscated effects and the conservation measures to be taken. adopted. The office shall inform the judge or tribunal, and the Prosecutor, of what it would have agreed. "

Seven. Article 367 septies is amended as follows:

" The judge or tribunal, on its own initiative or at the request of the Prosecutor's Office or the Office of Recovery and Management of Assets, may entrust the location, conservation and management of the effects, property, instruments and proceeds from criminal activities committed within the framework of a criminal organisation to the Office of Recovery and Asset Management.

The organisation and operation of the Office shall be regulated. "

Eight. The heading of Book VI of the Criminal Procedure Act is amended, which is worded as follows:

" BOOK VI

OF THE PROCEDURE FOR THE TRIAL ON LIGHT CRIMES "

Nine. Article 962 (1) is amended, which is read as follows:

" 1. When the Judicial Police is aware of a fact that presents the characters of a minor crime of injury or abuse of work, of gross theft, of threats, of coercion or of injury, the prosecution of which corresponds to the Court of Instruction the state or another of the same judicial party must be handed over, immediately proceed to quote before the Court of Guard the offended and harmed, the complainant, the denounced and the witnesses who can give reason for the facts. In making such a summons, the persons cited in the respective consequences of failure to appear before the Court of Guard shall be warned. They will also be warned that the trial may be held immediately at the Court of Guard, even if they do not appear, and that they will be able to appear with the means of proof that they attempt to avail themselves. The complainant and the injured or injured shall be informed of their rights under the terms of Articles 109, 110 and 967.

At the time of the summons you will be asked to designate, if available, an e-mail address and a telephone number to which the communications and notifications to be made will be sent. If they are not able to provide or expressly request them, the notifications shall be sent to them by ordinary mail to the address they designate. "

Ten. Article 963 is amended as follows:

" 1. If the judge considers it appropriate to initiate the trial, he shall take one of the following resolutions:

1. Acordara the dismissal of the proceedings and the filing of the proceedings at the request of the Prosecutor's Office in the light of the following circumstances:

(a) The reported minor offence is of very limited severity in view of the nature of the fact, its circumstances, and the personal of the author, and

(b) there is no relevant public interest in the pursuit of the event. In the case of minor property offences, it shall be understood that there is no relevant public interest in their pursuit when the damage is repaired and there is no complaint of the injured party.

In this case, you will immediately communicate the suspension of the trial to all those who have been referred to in accordance with paragraph 1 of the previous article.

The dismissal of the procedure will be notified to those offended by the crime.

2. Acordara the immediate conclusion of the trial in the event that the persons mentioned have appeared or that, even if they have not appeared any of them, the court will be unnecessary to their presence. In order to agree to the immediate conclusion of the trial, the Court of Guard shall take into account whether the practice of any means of evidence deemed to be essential must be impossible.

2. In order to agree to the immediate conclusion of the judgment, it will be necessary for the case to be referred to the Court of Guard pursuant to the rules of jurisdiction and distribution. '

Once. Article 964 is amended as follows:

" 1. In the cases not covered by Article 962, when the Judicial Police has notice of a fact that it presents the characters of a minor offence, it shall immediately form the corresponding state which it shall transmit without delay to the Court of Justice. guard. Such a state shall take the steps taken and the offer of actions to the offence or injured party, carried out in accordance with Articles 109, 110 and 967, and the designation, if available, of an e-mail address and a telephone number to which the communications and notifications to be made shall be sent. If they are not able to provide or expressly request them, the notifications shall be sent to them by ordinary mail to the address they appoint.

2. Having received the atado as provided for in the preceding paragraph, and in all cases where the proceedings have been initiated pursuant to a complaint filed directly by the offender before the court, the judge may adopt a of the following resolutions:

(a) Agreed to the dismissal of the proceedings and the file of the proceedings where it is appropriate in accordance with the provisions of paragraph 1 (1) of the previous Article.

The termination resolution will be notified to those offended by the offense.

(b) Acordara immediately to hold the trial if, when the report is identified, it is possible to quote all the persons who must be summoned to appear for the duration of the on-call service and the rest of the requirements as required by Article 963.

3. The summons shall be made to the Prosecutor's Office, except that the minor offence may be pursued only at the request of a party, the complainant or the complainant, if any, to the defendant and to the witnesses and experts who may give reason for the facts. When the summons are issued, the persons referred to the respective consequences of failure to appear before the Court of Guard shall be informed that the judgment may be held even if they do not attend, and shall be told to appear with the means of proof that they attempt to avail themselves. The actions referred to in Article 962 (2) shall also be carried out with the report. "

Twelve. Article 965 (1) is amended as follows:

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

1. If the judge considers that the jurisdiction for the prosecution is for the court of instruction itself and that the dismissal does not proceed in accordance with the provisions of Article 963 (1), paragraph 1, In any event, the judicial secretary shall proceed to the conclusion of the trial and to the summons for the next working day as soon as possible within the time limits to that end, and in any case not exceeding seven days.

2. If the judge considers that the jurisdiction for the prosecution corresponds to another court, the judicial secretary will forward to him the action to be taken to make the judgment and the citations according to the provided in the previous rule. "

Thirteen. Article 966 is amended as follows:

" The summons for the conclusion of the judgment provided for in the previous article shall be made to the Prosecutor's Office, the complainant or the complainant, if any, to the defendant and to the witnesses and experts who may give reason to the facts.

To this end, each of them will be asked in their first appearance before the Judicial Police or the Judge of Instruction to appoint, if they have them, an e-mail address and a telephone number to which they will be referred to the communications and notifications to be made. If they are not able to provide or expressly request them, the notifications shall be sent to them by ordinary mail to the address they designate. "

Fourteen. Article 967 (1) is amended as follows:

" 1. In the case of a complaint to the complainant, the offence or the injured party and the accused person for the conduct of the trial, they shall be informed that they may be assisted by a lawyer if they so wish and that they must go to the trial with the means of proof of which attempt to avail themselves. The citation of the accused shall be accompanied by a copy of the complaint or of the complaint lodged. "

Fifteen. Article 969, paragraph 2, is amended as follows:

" 2. The prosecutor will attend the trials for a minor offence whenever they are summoned. However, the State Attorney General shall issue instructions on the cases in which, in the interest of the public interest, the prosecutors may cease to attend the trial and issue the reports referred to in Articles 963.1 and 964.2, where the pursuit of a minor offence requires the offence or injury to be reported. In these cases, the complainant's statement in the trial stating the facts reported will have the value of an indictment, even if it does not qualify or point to penalty. "

Sixteen. Article 973 (2) is amended as follows:

" 2. The sentence will be notified to those offended and harmed by the minor offence, even though they have not been a party to the procedure. The notification shall include the resources from the resolution communicated, as well as the time limit for its submission and the court to whom it is to be brought. "

seventeen. Article 976 (3) is amended, which is read as follows:

" 3. The appeal judgment will be notified to those offended and harmed by the minor offence, even though they have not been a party to the proceedings. "

Eighteen. A new fourth paragraph is inserted in Article 990, with the following wording, remaining the same as the rest of the article:

" In the cases of crimes against the public finances, contraband and against social security, the tax authorities or, where appropriate, Social Security, will have the power to investigate, under the supervision of the judicial authority, the assets that may result in the payment of the civil liability arising from the crime, exercise the powers provided for in the tax or social security legislation, submit reports on the estate situation, and bring to the attention of the judge or tribunal the possible changes to the circumstances that they may become aware of and which are relevant for the judge or tribunal to decide on the execution of the sentence, its suspension or the revocation of the sentence. "

Final disposition third. Amendment of the Organic Law 5/1995, of 22 May, of the Tribunal of the Jury.

(e) of Article 1 (1) and (2) of the Organic Law 5/1995 of 22 May of the Court of Justice is deleted. Points (f), (g), (h), (i), (j), (k) and (l) of Article 1 (2) become (e), (f), (g), (h), (i), (j) and (k).

Final disposition fourth. Amendment of Law 23/2014 of 20 November of mutual recognition of criminal decisions in the European Union.

An additional provision is added, fourth to Law 23/2014 of 20 November, for the mutual recognition of criminal decisions in the European Union, with the following content:

" Additional provision fourth. Enforcement of confiscation orders issued by third-country authorities not members of the European Union.

When, in execution of a confiscation order issued by the competent authority of a non-member State of the European Union, the confiscation of goods, securities or effects is agreed by the Spanish judges or courts. hallen in Spain, the distribution of the same shall be carried out as follows:

1. º If the value of the goods, values and effects seized, discounted the costs incurred for their location, administration and conservation, was less than 10,000 euros, they will be awarded in full to the Spanish State, and give them the destination to be determined legally or regulatively.

2. In the rest of the cases, discounted the costs incurred for their location, administration and conservation, will correspond to the issuing State 50 per 100 of the value of the goods, values and effects seized when the confiscation order has been issued by the competent authority of a State which has guaranteed reciprocity to Spain.

The rest of the assets, securities and effects seized will be awarded to the Spanish State, which will give them the destination to be determined legally or regulatively.

3. The provisions of the preceding paragraph shall be applicable only in the absence of agreement between the Kingdom of Spain and the requesting State.

4. The goods, values or effects shall be disposed of as follows:

(a) If this is money, the appropriate amount shall be transferred to the requesting State.

(b) In the case of goods, securities or other effects, they shall be transferred to the requesting State, in the relevant party, unless the confiscation order has been referred to a quantity of money and the requesting State it is not displayed in conformity; it shall be sold in accordance with the procedure to be determined on a regulated basis, and the cash obtained after the execution costs are discounted to the requesting State shall be transferred to the relevant party. Where none of the above two procedures can be applied, it shall be carried out in accordance with any other legal or regulatory procedure.

5. When the execution of the confiscation order is affected by property belonging to the Spanish historical patrimony, in no case shall their disposal or restitution be made to the issuing State. In such cases, the confiscation shall be immediately communicated to the competent Spanish authorities and the provisions of Law 16/1985 of 25 June of the Spanish Historical Heritage and its implementing rules shall apply. "

Final disposition fifth. Regulatory development.

The Government is enabled to pass the precise regulatory provisions to regulate the structure, organization, operation and activity of the Office of Recovery and Asset Management.

Final disposition sixth. Incorporation of European Union law.

By this Law they are incorporated into Spanish law:

(a) Council Framework Decision 2008 /913/JHA of 28 November 2008 on the fight against certain forms and manifestations of racism and xenophobia through criminal law.

(b) Directive 2009 /52/EC of the European Parliament and of the Council of 18 June 2009 laying down minimum rules on penalties and measures applicable to employers of third-country nationals in situations irregular.

(c) Directive 2011 /93/EU of the European Parliament and of the Council of 13 December 2011 on the fight against sexual abuse and sexual exploitation of children and child pornography.

(d) Directive 2011 /36/EU of the European Parliament and of the Council of 5 April 2011 on the prevention and control of trafficking in human beings and the protection of victims.

(e) Directive 2013 /40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005 /222/JHA.

(f) Directive 2014 /42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union.

(g) Directive 2014 /62/EU of the European Parliament and of the Council of 15 May 2014 on the criminal protection of the euro and other currencies against counterfeiting.

Final disposition seventh. Provisions with the character of ordinary law.

They have in ordinary law paragraphs Fifty-four to Sixty-eight of the single article, the additional first, second and third provisions, the third and fourth transitional provisions and the provisions the first, second, fourth and fifth of the present Organic Law, as well as Article 128 of the Organic Law 10/1995, of 23 November, of the Penal Code.

Final disposition octave. Entry into force.

This Organic Law will enter into force on July 1, 2015.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Seville, 30 March 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY