Law Organic 1 / 2015, Of 30 Of March, By Which It Modifies The Law Organic 10 / 1995, Of 23 Of November, Of The Code Criminal.

Original Language Title: Ley Orgánica 1/2015, de 30 de marzo, por la que se modifica la Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3439

FELIPE VI KING OF SPAIN to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE I the Criminal Code adopted by organic law 10/1995 of 23 November, is the subject of a comprehensive review and updating, in the awareness that the passage of time and the new social demands show the need to carry out certain amendments to our penal policy. In general, is check the regime of penalties and their application, is adopt improvements technical for offer a system criminal more agile and coherent, and is introduced new figures criminal or is suited them types criminal already existing, to offer a response more adequate to them new forms of crime; in the same way are deleted those other violations which, by its low gravity, do not deserve criminal blame. Great part of the reform is also aimed to give compliance to the commitments international acquired by Spain.

The need to strengthen confidence in the administration of Justice does need to put at your disposal a legal system that guarantees predictable judgments which, in addition, are perceived in society as fair. With this purpose, following the model of others countries of our environment European, is introduces the prison permanent reviewable for those crimes of extreme gravity, in which the citizens demanded a penalty proportional to the made committed. In this sense, we review the crimes of homicide, murder and illegal detention or abduction with disappearance, and expand penal frameworks within which the courts may fix the penalty more tightly to the circumstances of the specific case.

In addition, two reforms that are aimed at increasing the effectiveness of criminal justice will face: on the one hand amending the regulation of the suspension and the replacement of the custodial sentences, and introduces a new system, characterized by the existence of a single regime of suspension that offers various alternatives, which introduces greater flexibility and efficiency.

Of another part, is suppress them failures that historically is regulated in the book III of the code criminal, while some of them are incorporated to the book II of the code regulated as crimes mild. The reduction in the number of misconduct - minor offences in the new regulation to be introduced - is guided by the principle of minimum intervention, and should facilitate a reduction of the number of cases under which, to a large extent, can find answers through the system administrative and civil sanctions.

It rushes a technical review of the confiscation and regulation of some aspects of the special part of the Penal Code, in particular, of crimes against property, the catalogue of aggravating circumstances of fraud, unfair management, offences against intellectual and industrial property, punishable insolvencies, private corruption, embezzlement, corruption of foreign public officials, offences of attempt and disobedience, public nuisance , fire, detention illegal, and intrusiveness. And they typify new offences of forced marriage, harassment or stalking, unauthorized disclosure of images or intimate recordings obtained with the consent of the person concerned, and manipulation of the operation of the control devices used to monitor the implementation of sentences and measures precautionary or security.

Is reinforces the punishment of them so-called crimes of corruption in the field of it management public. In General, rise of disqualification penalties laid down for this type of crime, and it adds sentencing of special disqualification for the exercise of the right to stand as a candidate. Also, will introduce new figures criminal related with the financing illegal of parties political.

Finally, much of the modifications carried out are justified by the need to meet international commitments. Thus, the reform is occupies of the transposition of the Decision frame 2008 / 913 / JAI, relative to the fight against certain forms and manifestations of racism and xenophobia through the right criminal; of Directive 2009/52/EC, which lays down minimum standards on sanctions and measures applicable to employers of irregular third country nationals; of the directive 2011 / 93 / EU, relative to the fight against them abuse sexual and the exploitation sexual of them minor and the pornography child; the policy 2011/36/EEC, relating to the prevention of and fight against trafficking in human beings and the protection of victims; of the Directive 2013 / 40 / EU, relative to them attacks against the systems of information and the interception of data electronic when not is is of a communication personal; and directive 2014/42/EU, of 3 April, on the seizure and confiscation of the instruments and proceeds of crime in the European Union. Also, amending the current regulation of the crime of illegal immigration, clearly separating this criminal figure in the crime of trafficking in human beings and adjusting rates and penalties to the demands arising from Directive 2002/90/EC and Decision 2002/946/JHA framework. It also introduces the possibility of including profiles of convicted in the DNA database, to comply with the requirements of the Council of Europe Convention for the protection of children against exploitation and sexual, made abuse in Lanzarote on 25 October 2007. And the behaviors described in the Convention of the Council of Europe of 28 April 2014, on counterfeiting of medical products and other similar crimes that pose a threat to public health are incorporated in our criminal legislation.

II the reform introduces a new penalty of revisable permanent prison, which may only be imposed in cases of exceptional gravity - especially serious murders, murder of the head of State or his heir, of foreign heads of State and in the most serious of genocide cases or crimes against humanity-in which an extraordinary response by the imposition of a sentence of indeterminate duration (permanent prison) prison is justified , while subject to a regime of review: after the compliance full of a part relevant of it condemns, whose duration depends on of the amount of crimes committed and of its nature, accredited the reintegration of the punishable, this can get a freedom conditioned to the compliance of certain requirements, in particular, it not Commission of new made criminal.

Revisable permanent prison, whose regulation is announced, in no way waives for the reintegration of the punishable: once fulfilled a minimum part of the sentence, a collegiate court must be carried out again the circumstances of the punished and of the offence committed and you can review your personal situation. The forecast of this periodic judicial review of the situation the punished, ideal to verify in each case the necessary favorable prognosis of social reintegration, away doubt of inhumanity of this penalty, by guaranteeing a horizon of freedom for the convicted person.

Revisable permanent prison, accomplished that first fraction of the penalty, if the Court considers that they do not concur the necessary requirements for the punished may regain freedom, shall prescribe a period to carry out a further review of their situation; and if, on the contrary, the Court valued to comply with the necessary requirements to be released, will establish a term of probation in which imposed conditions and control measures aimed both to ensure the safety of society, as attending the punishable in this final phase of their social reintegration.

Revisable permanent imprisonment does not constitute, therefore, a sort of "ultimate penalty" in which the State ignores the punished. On the contrary, is an institution that reconciles the existence of a criminal response to the gravity of the guilt, with the purpose of re-education that the execution of prison sentences should be oriented.

It is, in fact, a model in European comparative law European Court of human rights has considered conformed to the European Convention on human rights, as he has stated that when the national law provides the possibility of review of the sentence of indeterminate duration with a view to its switching, remission, termination or probation of the punishable , this is sufficient to give satisfaction to the article 3 of the Convention (cfr. SSTEDH 12-2-2008, case Kafkaris vs.) Cyprus; 3-11-2009, case Meixner vs. Germany; 13-11-2014, case Bodein vs. France; 3-2-2015, case Hutchinson vs. United Kingdom).

The Council of State has also had the opportunity to pronounce on the constitutionality of sentences of indeterminate - but reviewable - duration, when reporting in relation to the ratification by Spain of the Statute of the Court criminal international, in which the possible imposition of a permanent prison sentence is expected.

III the reform carried out a technical improvement in the regulation of the criminal responsibility of legal persons, introduced in our legal system by the organic law 5/2010 of 22 June, in order to properly delimit the contents of the «due», whose breach allows to substantiate their criminal responsibility.


It is terminated to the interpretative doubts that had been raised the previous regulation, which had been interpreted as a Vicariate liability regime, since some sectors and assume certain recommendations that had been made by some international organizations in that regard. In any case, the scope of the obligations resulting from that duty to control conditions, in general, to the dimensions of the legal person.

Also extends criminal liability to State commercial companies that run public policies or provide services of general economic interest, that it may impose the penalties currently laid down in letters to) and g) of paragraph 7 of article 33 of the criminal code.

IV it reform incorporates also a review of the regulation of the suspension of the execution of the penalty, that has as purpose essential provide it of a greater flexibility and facilitate a processing more quick of this phase initial of it execution of them penalties of prison.

The experience had been emphasising justifying the existence of a criminal record does not in all cases the refusal of the suspension and that it was therefore preferable to the introduction of a procedure allowing judges and courts to assess whether the criminal record of the person convicted have, by its nature and circumstances, relevant to assess its possible danger and as a result, if you can be granted or not the benefit of the suspension; and that the same criteria should be applied in the regulation of the revocation of the suspension. The suitability of introducing greater flexibility and judicial discretion in the regime of the suspension was reinforced by the fact that now, fully transposed the Decision Framework 2008/675/JHA establishing a full equivalence between the background correspond to sentences imposed by the Spanish courts, and those imposed by any other courts in Member States of the European Union.

At the time, put end to the current situation in which the existence of a triple adjustment of the suspension (ordinary suspension, suspension for the case of criminal drug addicts and replacement of the penalty) results, on many occasions, in three successive decisions that are the subject of repeated resources. The various assumptions of suspension and replacement of the penalty, but as alternatives or possible options offering the unique suspension system are. Of this mode is ensures that judges and courts resolved on if it penalty of prison should be executed or not a single time, what should result in a greater speed and efficiency in the execution of them penalties.

With this same purpose, the assessment of the fulfillment of the civil liability regime is modified. The current system of prior checking is inefficient and little flexible, and difficult decisions on the suspension of the penalty could be adopted at the same time in which judgment is pronounced. By this, is introduces a system inverse to the current: the payment of the liability civil (and also, that is has made effective the confiscation agreed by them judges or courts) continues being a budget of the suspension of the execution; but it is the concealment of assets or the fact of not providing information about the available or not provided the agreed confiscation which determines the revocation of the suspension already agreed.

As possible alternatives, within the system of suspension of sentence established, are the cases of offenders who commit the crime because of his serious addiction to drugs or toxic substances; and the replacement of the penalty of imprisonment for fine or work for the benefit of the community. But introducing some amendments which seek to make the system more effective and offer judges and courts greater flexibility for the fair resolution of the different situations that may arise.

For the suspension, is grants freedom to them judges and courts for resolve on what are them checks that must take is to out to prove the compliance of them requirements legal. The suspension of the execution of penalties imposed criminal addicts, conditioned to not leave the treatment of addiction until its completion, set as a novelty that shall not be deemed abandonment relapses during treatment if these do not demonstrate its permanent abandonment.

Moreover, the traditional regime of substitution of the penalty passes to be regulated as a mode of suspension in which the judge or court can agree the imposition (as replacement) of a penalty of fine or of works in benefit of the community. However, the conversion does not occur automatically, but it is offered to judges or courts the possibility of moderating the amount within certain limits. Also, is introduces as possible condition of the suspension the compliance of it agreed between the parts after a process of mediation, in those cases in that legally is possible. The system is also more agile in the event of non-payment of the fine replacement and, like in the previous case, is the concealment of assets or the lack of provision of truthful information by the punishable what will determine the revocation of the suspension.

Also is modifies the regulation of the replacement of the execution of the penalty of prison by the expulsion of the territory national. Again, reform combines the pursuit of effectiveness with a scrupulous respect for the individual rights: fits the edge of penalty which may decide the expulsion to the regulation contained in the legislation on aliens; them judges and courts should establish, in all case, what part of the penalty imposed must be accomplished effectively in prison, when is have imposed penalties of more than three years; and the replacement conditions, in all cases, to the proportionality of the measure. The substitution of imprisonment by the measure of expulsion from the national territory in the case of offences committed by a European citizen, referred to exceptional, reserved for those cases in which the author represents a serious threat to public order or public security, in accordance with 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 their family members to move and reside freely within the territory of the Member States in the case law of the Court of Justice of the Union European, which must be taken into account by judges and courts in the interpretation and application of the corresponding precept.

Finally, some technical improvements should stand out in the regulation. So, is accurate which is the time of home of the deadlines of suspension. Also is imposed to judges and courts the duty of resolve in sentence on the possible suspension of the execution whenever this is possible. When decision not should be in sentence, articulates a procedure of hearing to the parties. This same procedure is incorporated before resolving on the modification of the conditions or its revocation, although in the latter case is safeguarded the possibility that judge plaster immediately in cases of risk of absconding, danger to the victim or criminal reiteration.

V the new regulation maintains, without modifications, the cases of granting of probation from the previous legislation. However, three changes of extraordinary relevance are introduced.

First, includes a new so-called privileged in access to probation that will be applicable to the convicted primary, i.e., to those that meet your first sentence in prison, who have been sentenced to a short prison sentence. In these cases, comes the possibility of obtaining parole to the fulfillment of half of the sentence. This modification reflects the general sense of the reform in the system of penalties: introduces mechanisms and institutions that aim to give a strong response to the multirreincidentes criminals; and, in a coherent manner, will offer new possibilities for freedom to the convicts primary presenting a favorable prognosis of reintegration.

Secondly, the probation passes to be regulated as a type of suspension of execution of the rest of the sentence. To the contrary of what came happening until now, the time in freedom conditional not computed as time of compliance of condemns, but it award of it freedom conditional will determine the suspension of the execution of the rest of it penalty during a determined period of time: If, during that time, the punishable not re-occurs and meets them conditions imposed, is declared extinguished it penalty pending of compliance; by the contrary, if during that period of freedom conditional (or of suspension of the execution of the rest of the penalty) commits a new crime or breach seriously them conditions imposed, the freedom will be revoked and must meet all the penalty that remained. By this reason, the regime of the freedom conditional passes to be regulated, in great part, by remission to the regulation of the suspension of the execution of the penalty.


And, finally, the regulation of the system of review of revisable permanent prison as an alleged probation or suspension of the execution of the penalty is introduced. If the Court grants the freedom, set a time of «suspension» execution during which the punished is subject to conditions: breach of the same or the Commission of new crimes's self determined - during this period of suspension - the same reversal and re-entry of the punished in prison. For the review of the prison is establishes a dual regime. Accomplished a part of sentence ranging between twenty-five and thirty-five years of conviction, the Court shall review ex officio if the prison should be maintained every two years; and it will make also provided that the punished it request, while after the rejection of a request may set a term maximum of a year within which not is will give course to new requests.

VI the new regulation PARS records Spanish to the corresponding to sentences imposed by courts in other Member States of the European Union, for the purposes of resolving on the concurrence of the aggravating circumstance of recidivism or the suspension of the execution of the penalty, in accordance with the Decision Framework 2008/675/JHA, or its possible revocation.

At the time, this consideration of criminal records of other Member States in national procedures, as well as the dispatch to other Member States of the sentences imposed in Spain, based on the exchange of criminal records between the Member States of the European Union - driven by the Decision Framework 2008/315/JHA on the organisation and content of the exchange of information from criminal records between the Member States and the Decision 2009/316/JHA of the Council, April 6, 2009, by which establishes the European information system of criminal background (ECRIS)-, underscore the need to simplify the procedure for cancellation of criminal records, avoiding that sentences that should be cancelled after the deadlines provided for in article 136 of the criminal code, listed in the Central Register of Monterroso.

With the reform, is modifies the article 136 of the code criminal for facilitate the procedure of cancellation of them background criminal, suppressing the requirement of the report of the judge or court sentencing and the requirement of the constancy of the payment of it responsibility civil or the insolvency of the punishable. At the same time reviewed the deadlines for the cancellation of the crimes of utmost seriousness, which rises up to ten years.

Finally, a regulation of the cancellation to the background of legal persons that may be criminally responsible and the imposed accessory consequences is included.

VII is excluded from the computation of the term of prescription of them penalties the time of execution of another penalty of the same nature and the time of suspension of the condemns already imposed.

The penalties of the same nature - in particular, the disqualifications of freedom - are met successively in order of severity (article 75 of the Criminal Code), making it suitable exclude expressly, in the period of limitation of the penalty pending compliance with regulation, the time during which the punished is serving another penalty of the same nature as necessarily has to be accomplished in the first place.

Of equal mode, seems convenient that the interpretation usual according to which the period of time of suspension of the penalty not is computes as term of prescription of the same have a reflection express in the law.

Introduces some technical corrections in article 130 of the criminal code in order to properly regulate the regime of extinction of criminal responsibility in cases of suspension of the execution of the penalty and regulate the efficiency of forgiveness in cases of minor offences indictable only at the request of the aggrieved.

VIII regulation of confiscation is the subject of an ambitious review which introduces important modifications that are intended to assist in legal instruments that are most effective in the recovery of assets from the crime and economic management of the same.

The reform takes into consideration the European directive 2014/42/EU, of 3 April, on the seizure and confiscation of the instruments and proceeds of crime in the European Union.

Innovations affect, especially three issues: confiscation without judgment; the seizure expanded; and the confiscation of property of third parties.

Confiscation of the proceeds of crime has traditionally been linked to the existence of a previous conviction (criminal) for the crime committed. With this starting point, it had argued that a confiscation without conviction is necessarily contrary to the right to the presumption of innocence, because it authorizes the seizure of effects from a crime that has not been tested and that no conviction has not been imposed. However, such an interpretation is only determined by an analysis of the confiscation attached to traditional regulation, and unknown, as he has said the European Court of human rights, confiscation without conviction does not nature itself criminal, because you don't have as a basis the imposition of a sanction to guilt by the fact that "is more comparable to the restitution of unjust enrichment than to a fine imposed under the criminal law" as "given «that the confiscation is limited to the enrichment (illicit) real of the benefited by the Commission of a crime, this not puts of manifesto that is try of a regime of punishment» (Decision 696 / 2005, Dassa Foundation vs.) Liechtenstein).

The confiscation without judgment was already regulated in paragraph 4 of the current article 127, while it was appropriate to take advantage of the reform to introduce some technical improvements in its regulation and introduce procedural rules needed to make possible its application.

Against direct forfeiture and confiscation by substitution, extended confiscation is characterized, precisely because the property or confiscated effects come from other illegal activities of the condemned subject, other than the facts that condemns him and which have not been subject to a full test. For that reason, extended confiscation is not based on the full accreditation of the causal between criminal activity and enrichment connection, but on the finding by the judge, on the basis of objective, and founded indications that there have been one or more other activities criminal, other than those that are condemned to the subject, from which derives the heritage that intends to seize. See the requirement of a full test would determine the confiscation of goods or effects, not the condemnation by those other criminal activities that reasonably come.

He confiscation expanded not is a sanction criminal, but is is of an institution by means of which is puts end to the situation heritage illicit to has given place it activity criminal. Its Foundation has, therefore, a nature rather civil and estate, next to the figures as unjust enrichment. The fact that the rules of the European Union expressly refers to the possibility that courts may decide the confiscation expanded on the basis of evidence, especially the disproportion between revenues lawful subject and available heritage, and, even, through procedures of non-criminal nature, confirms the previous interpretation.

Extended confiscation was already introduced in our law by the Ley Orgánica 5/2010 for terrorism crimes and those committed by criminal organizations or groups, and now extends to other cases in which it is frequent that there is criminal activity sustained over time which can derive important economic benefits (money laundering and receiving stolen goods (, is of human beings, prostitution, exploitation and abuse of minor, counterfeiting of currency, insolvencies punishable, offences against the hacienda public and it security social, corruption in the sector private, crimes computer, bribery, embezzlement or crimes heritage in cases of continuity criminal or multirreincidencia). He confiscation expanded will allow to them judges and courts, in them alleged of sentences by crimes that normally generate a source permanent of income, as occurs with the traffic of drugs, terrorism or bleaching of capital, order the confiscation of goods and effects of the condemned from of others activities criminal, whenever exist signs objectives founded of the origin illicit of them effects confiscated. The regulation contemplates so a figure that is is already collected by the right compared and that will be of application widespread in the field of the Union European as consequence of the mentioned directive.

In order to facilitate the implementation of this figure, it opts for include an open catalogue of signs which - among other possible - must be evaluated by judges and courts to resolve about the seizure: the aforementioned disproportion between the heritage of the subject responsible for any of the offences contained in the catalogue, and licit livelihoods; the intentional concealment of their heritage through the use of natural or legal persons or entities without legal personality lodged, or through the use of tax havens; or their transfer through operations that hinder its location or follow up, and lack of economic justification.


The regulation, moreover, is, as is has asserted in the jurisprudence constitutional compared, adjusted to them principles of guilt and presumption of innocence, as not pursues reproach to the condemned the realization of a made illicit, what would be own of a penalty, but get purposes computers of the heritage and of correction of a situation heritage illicit derived of an enrichment unfair of origin criminal; and the confiscation expanded not presupposes or entails a declaration of guilt by the activity criminal developed by the subject, as the confiscation or presupposes such declaration of guilt or is a penalty. The regulation provides, therefore, that if subsequently the condemned for similar criminal acts committed previously, the judge or court the scope of the agreed earlier confiscation should value it in deciding on confiscation in the new procedure.

Not infrequently, the goods and effects coming from criminal activities are transferred by the authors to third parties. The regulation of the confiscation of goods in power of third already was planned in our legislation, while the reform introduces some improvements technical oriented to increase it efficiency and safety legal in the application of this regulation.

In order to increase the effectiveness of the new regulation, expressly the possibility that, in all those alleged that the seizure of the goods or from the crime effects is not possible in whole or in part (because it is not possible to locate them, are out of reach of the courts, have been destroyed, their value has declined relative to what it was when they were incorporated into the heritage of the subject (, or for other reasons), the judge or court may, through the estimation and evaluation of the activity, determine an amount up to the amount of which shall be authorized the confiscation of property. Also, for improve the management of them active intervened, is check the regulation contained in the law of prosecution Criminal and is creates an Office of recovery and management of active to which will correspond perform them performances necessary for manage, of the mode economically more effective, the conservation, realization or use of them goods intervened. Reform puts an end to the double regime of confiscation (as you were others of a different nature or offences against public health) that existed until now.

IX with the purpose of incorporate them forecasts of the Convention of the Council of Europe for the protection of them children against it exploitation and the abuse sexual, made in Lanzarote the 25 of October of 2007, ratified by Spain the 22 of July of 2010 and the jurisprudence of the Court European of rights human, must incorporate is the regulation of the inclusion of profiles of condemned in it database of DNA.

The organic law 10/2007, of October 8, regulating the police obtained IDs from the DNA database, has that identifying data extracted from the DNA samples or fluids which, within the framework of a criminal investigation, had been found or obtained from the analysis of biological samples of the suspect shall be recorded on the police database , arrested or accused.

Therefore, currently only are enrolled in Spain of the genetic profiles of the suspects, detained or charged for certain crimes, and this does not guarantee that profiles of those who are convicted of serious crimes access to the database.

What is proposes is foresee, in them alleged of crimes serious against it life, it integrity physical, the freedom or the freedom or indemnity sexual, when also is confirms by the Court the existence of a risk relevant of reiteration criminal, the annotation of them profiles genetic of condemned in it database police. The proposed regulation includes this double requirement (Commission of a serious offence against the life, physical integrity or sexual freedom, and risk of criminal reiteration), complies with the requirements arising from the jurisprudence of the European Court of human rights in this matter.

Therefore, by incorporating within Title VI which regulates the accessory consequences of a new article 129 bis, compliance is given in the Lanzarote Convention, and approximates our legislation of the countries of our surroundings.

X reform provides for the imposition of revisable permanent imprisonment for particularly serious murders, which are now defined in article 140 of the criminal code: murder of children under sixteen years old or particularly vulnerable persons; killings subsequent to a crime against the freedom sexual; murders in the bosom of a criminal organization; and repeated or committed serial murders.

Is revises the definition of murder (not aggravated), that passes to include them alleged in which is cause the death of another for facilitate the Commission of another crime or avoid their discovery. And expands the criminal-law framework within which the courts must set fair punishment, while the imposition of the same remains in its upper half in case of concurrence of a number of circumstances that qualify the murder.

These same circumstances, by coherence, happen to be also circumstances that qualify the crime of homicide. At the time, it is planned also the aggravation of the murder of authorities, officials and agents of the authority - when they are victims of this crime in the exercise of their functions or on the occasion of them - in order, especially, strengthen the protection of agents of security bodies and forces.

XI is reviewed the penalty that punishes the crime of illegal detention or kidnapping with death, with the purpose of guaranteeing, in these cases of extraordinary gravity, a criminal response tailored to the severity of guilt by the fact. And added, in addition, two aggravated cases apply in cases where the victim is under age or a person with disability in need of special protection, in which the offence was committed for a sexual purpose either, or the author had acted subsequently for this purpose.

XII are introduced modifications in crimes against sexual freedom to carry out the transposition of the directive relating to the fight against sexual abuse and the sexual exploitation of children and child pornography, 2011/93/EEC and which replaced the Decision 2004/68/JHA Council framework. The directive obliges the States members to toughen the penalties on combating sexual abuse, sexual exploitation of children and child pornography, which undoubtedly constitute grave violations of fundamental rights and, in particular, of the rights of the child to protection and care necessary for their well-being, as set out in the UN Convention on the rights of the child of 1989 and the Charter of the European Union fundamental rights.

As a most important novelty, the age of sexual consent rises at age sixteen. The directive defines the 'age of sexual consent» as the «age below which, in accordance with national law, is forbidden to perform sexual acts with a minor." Currently, the age provided for in the criminal code was thirteen-year-old, and was much less than from the remaining countries in Europe - where the minimum age is located around fifteen or sixteen-year - old and one of the lowest in the world. For this reason, the Committee of the Organization of the United Nations on rights of the child suggested a reform of the Spanish penal code for raising the age of consent sexual, adapting to the provisions of the Convention on the rights of the child, and thus improve the protection that Spain offers to minors, especially in the fight against child prostitution.

Thus, acts of a sexual nature with children under 16 years will be considered, in any case, as a criminal offence, except in the case of consensual with someone close to the child by age and level of development or maturity. And aggravations are established if, in addition, there is violence or intimidation, or if abuses consist of carnal access via vaginal, anal or oral, or introduction of member body or objects on any of the first two tracks. In the case of minors - of less than eighteen years - but older than sixteen years, will constitute sexual abuse sexual acts involved deception or abuse of a recognised position of trust, authority or influence over the victim.

On the other hand, is expressly typified conduct to witness a child of sixteen acts or sexual abuse on others and it provides for the imposition, in these cases, prison terms of up to three years in prison.

Crimes against prostitution, establishes a clear separation between behaviors whose victim is one adult, from those that affect minors or people with disabilities in need of special protection. In this second case, provided for penalties rise in order to harmonise European legislation, and new aggravating circumstances are introduced to combat more damaging cases of child prostitution.


Is modifies the article 187 with the objective of pursuing with greater efficiency to who is lucre of the exploitation of the prostitution outside. To this end, is separately sanctioned profit of prostitution when there are certain behaviors that show a situation of exploitation, since the jurisprudence of the Supreme Court had demanded requirements for the appreciation of the requirement of this situation similar to which are applied in the field of industrial activities regulated, what impossible in practice to his criminal prosecution.

Is paid special attention to the punishment of the pornography child. First, provides a legal definition of child pornography taken from directive 2011/93/EEC, which covers not only the material depicting a minor or a person with disabilities participating in sexual conduct, but also realistic images of minors engaged in sexually explicit conduct, although they do not reflect a successful reality.

In relation to child pornography, are punished acts production and dissemination, and even assistance knowing shows exhibitionist or pornographic that involving minors or people with disabilities in need of special protection. Also the mere use or acquisition of child pornography is punishable, and included a new clause to punish whom go knowing this type of pornography through the technologies of information and communication, in the awareness that new technologies are a main way of access to stands of pornography. By this same reason, is empowers expressly to them judges and courts so can order the adoption of measures necessary for the withdrawal of them web pages of internet that contain or spread pornography child or, in your case, for block the access to these pages.

The protection of minors against abuse via the internet or other means of telecommunication, due to the ease of access and the anonymity provided to, complete with a new paragraph in article 183 ter of the Penal Code to punish through technological means contact with a minor of fifteen years and carries out acts aimed at to cajole you provide him with material pornographic or show you pornographic images.

XIII amending the offences related to the intrusion on the privacy of citizens, in order to solve the problems of lack of typical characteristics of some behaviors. He existing article 197 contemplates as crime, hand, the seizure of letters, papers, messages of mail electronic or any others documents of nature personal of the victim and, on the other hand, the interception of any type of communication of the victim, is which is it nature and the via of such communication intercepted. Both behaviors require the lack of consent of the victim.

The assumptions that response is now offered are those of others in which images or recordings of another person obtained with their consent, but are then reported against her will, when the image or recording has occurred at a personal level and its dissemination, without the consent of the person concerned, seriously injured his intimacy.

The reform leads to Cape the transposition of the Directive 2013 / 40 / EU, of 12 of August, relative to them attacks against them systems of information and the interception of data electronic when not is is of a communication personal.

Them modifications proposed intend to overcome the limitations of the regulation existing for offer response to the crime computer in the sense of it normative European.

In accordance with the approach contained in the directive, a clear separation between the assumptions of revealing data that directly affect personal privacy, and access to other data or information that may affect privacy but are not directly related to personal privacy is introduced: access staff contacts list is not the same to collect data relating to the version of software used or the location of the ports of entry to a system. By this, is opts for a typing separate and differential of the mere access to the systems computer.

With the same approach, and in accordance with the requirements of the directive, include the characterization of the interception of transmissions between systems, when it is not personal transmissions: the interception of personal communications was already criminalized in the Penal Code; It is now categorized automatic transmissions - not personal - between teams.

Is typifies the facilitation or the production of programs computer or equipment specifically designed or adapted for the Commission of these offences.

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

Finally, in these crimes is expected to the responsibility of the people legal.

XIV review of the regulation of crimes against property and Heritage's essential objective offer response to the problems posed by the multirreincidencia and serious crime.

For this purpose the lack of theft shall be deleted, and introduces a so-called aggravated applicable to common crime. Cases of less serious, which was previously sanctioned as missing, are now regulated as minor offences; but is excludes the consideration as mild of all those crimes in which concur any circumstance of aggravation-in particular, the Commission repeated of offences against the property and the heritage-. In this way, are solved the problems posed by the multirreincidencia: habitual offenders were previously convicted for mere mistakes, but with this modification may be condemned as authors of an aggravated kind punishable by one to three years in prison.

In any case, by reasons of security legal and of greater accuracy possible in the description criminal, is keeps the limit quantitative for a clear delimitation between the new crime mild of theft and the type Basic.

Amending the catalogue of aggravating factors specific to the theft, also applicable to the offences of robbery with force in things, and included cases of taking advantage of the situation of helplessness of the victim, criminal multirreincidencia, use of Commission of the offence by a member of an organization or criminal group, dedicated to the Commission of offences of the same nature and under sixteen years of age. Also is offers response to the serious problem that pose currently those crimes committed in farms agricultural or livestock with causation of damages relevant to its holders; It is offences committed on holdings which is hardly possible to adopt effective protection measures, circumstances that it is used for the Commission of these crimes, and that may be involved in the causation to owners of a prejudice to exceptionally high, far higher than corresponding to the mere assessment of stolen products, and are the cause of a serious sense of vulnerability and insecurity for those who suffer them.

In addition, due to the serious problem created by the subtraction of the public service and general interest networks copper cable, also has been considered convenient to incorporate an aggravation when crimes of theft or theft affect power or telecommunication lines. This same aggravation is expected for pipelines or infrastructures of hydrocarbons.

And, similarly, it has been included a type of aggravated in the crime of receiving stolen goods, in the case of goods or effects of special protection or whose abduction gives rise to a crime against the heritage of greater gravity. With this is intended to discourage both the subtraction of such goods as its sale or traffic illicit.

Modifies the definition of robbery with force, which happens to include cases in which force is used to leave the place with the loot (the usual problem arose in the case of deactivation of the alarm systems from the inside of the place). And includes a new aggravated course of robbery with force, determined by the Commission (in butron, landings) mode or the severity of the damage.

Dims as so-called aggravated robbery with violence committed in establishment open to the public, which previously did not exist.

The catalogue of aggravated fraud cases regulated in article 250 of the criminal code is revised to incorporate, as well as theft, a reference to the cases of multirreincidencia. Is adds, also, a reference to the alleged in which the crime is commits of a mode that comes to affect to a high number of people.

XV heading of section 2 of Chapter VI of title XIII of book II happens to be called "of unfair administration", creating a section 2nd bis in the same chapter to integrate the crimes of misappropriation under the rubric 'of misappropriation".

The Criminal Code of 1995 had chosen to typify the unfair administration as a corporate crime, while it is actually a property crime that can have taxable to anyone.


The reform introduces a regulation modern of it administration unfair, that not is only corporate, among them crimes heritage, close to the existing in them different laws European. Their displacement from the corporate crimes to economic crimes, which is where the unfair foreign heritage Administration must be located, is required by the nature of that crime, a crime against property, which can therefore be either victim, not only a society. Reasons, therefore, of systematic, demanded such decision. Through this crime intends to protect the heritage in general, the heritage of everyone, either an individual or a society, which gives another administration of their heritage, or one whose heritage has been put under the administration of another, by legal decision or authority, punishing the abuses in the exercise of the powers of that alien heritage provision , safeguarding so the administrator plays his charge with the diligence of an ordered entrepreneur and with the loyalty of a faithful representative, in interest of your managed.

Reform is also used to delimit more clearly criminal misappropriation and unfair management types. Who joined their heritage, or in any way exercise powers Sunday on a cabinet which has received must repay it, commits an offence of misappropriation. But who takes as its administrator powers of disposal over money, securities or other fungible generic things, is not obliged to return the received things, but much of the same quality and species; by this, who receives of another money or values with powers to manage them, and performs actions for which not had been authorized, damaging of this mode the heritage managed, commits a crime of Administration unfair.

This new regulation of unfair administration encourages also the revision of the regulation of the crimes of embezzlement and misappropriation.

The crimes of misappropriation are regulated in a different section, already falling outside its scope the unfair administration for diversion of money, that becomes part of the freelance criminal type of unfair administration, making it necessary to a revision of its regulation, which is used to simplify the previous regulations: now differs clearly depending on whether a course of appropriation with breach of the trust relationship with the owner of the thing , assumed that continues being punished with the penalty equivalent to it of the Administration unfair and the scam; or assumptions of appropriation of furniture things outside without breach of the duty of custody, as it is the case of appropriation of lost thing not susceptible of occupation, where stands the current aggravation of the penalty applicable in cases of appropriation of things of artistic, historical, cultural or scientific value, and the case of appropriation of things received by mistake.

The embezzlement is actually a mode of Administration unfair that, however, is kept historically referred in our right basically to alleged of subtraction of them funds public and, in much less measured, to the possible deviation of the destination of them themselves.

The reform introduces a new classification of the embezzlement as a so-called of Administration unfair of funds public. In this way are included within the scope of the standard, together with the conduct of diversion and theft of public funds, other cases of unfair management with damage to public property. As in the case of individuals, the misappropriation of assets by the official is punished with an equivalent of the unfair management.

Includes an aggravated course that is applicable in all cases of causation of damage to public property exceeding 50,000 euros, and expected one greater penalty aggravation (which allows to reach penalties of up to twelve years in prison), in cases of particularly serious.

For them cases of lower gravity, in which the entity of the prejudice heritage not exceed of 4,000 euros, is maintains a type dimmed for which is planned a frame criminal broad that allow to them courts adjust the penalty to them circumstances of the case and, in any case, the imposition of penalties upper to them currently planned.

XVI. is carried out a technical review of the offences punishable insolvency that is based on the need to establish a clear separation between conduct of obstruction or frustration of the execution, which traditionally has been understood referred to the offence of concealment of assets, and the crimes of insolvency or bankruptcy. These groups of offences are to be regulated in distinct chapters.

Within them crimes of frustration of the execution is include, next to the hoist of goods, two new figures criminal that are calls to complete the guardianship criminal of them procedures of execution and, with this, of the credit, and that are usual in the right compared: of a part, is typifies the concealment of goods in a procedure judicial or administrative of execution; and another, the unauthorised use by the bailee of goods seized by the authority.

New offences punishable contest or insolvency regulation combines a dual need: the facilitate a criminal response to cases of realization of actions contrary to the duty of care in the management of Economic Affairs occurring in the context of a situation of economic crisis of the subject or company and endangering the interests of the creditors and the socio-economic order , or are directly causal situation of competition; and provide sufficient certainty and security in the definition of punishable conduct, i.e., those contrary to the duty of care in the management of Economic Affairs that constitute a risk not allowed.

The new crime of bankruptcy or punishable contest is configured as a crime of danger, although linked to the situation of crisis (a current or impending insolvency of the debtor) and prosecuted only when it is actually declared the contest or if there is a discontinuance of payments; and the express definition of causation of the insolvency debtor is maintained.

The standard defines, with the purpose of guaranteeing a degree of security and certainty to the requirements arising from the principle of legality, the prohibited conduct by means of which the offence can be committed. For this, typifies a set of actions contrary to the duty of diligence in the management of affairs economic through which is reduces unduly the heritage that is warranty of the compliance of them obligations, or is hinders or precludes the knowledge by the creditor of the real situation economic of the debtor.

The new regulation is completed with the forecast of a compounded rate applicable in the cases causing serious economic damage or that most of the disappointed credit corresponds to debts against the public Treasury and Social Security. Similarly, expands the protection of creditors through the typification of unwarranted favor certain creditors actions carried out, prior to the Declaration of the contest, but when the debtor was already in a situation of actual or impending insolvency.

17TH crimes against intellectual property, which were modified during the reform operated by the organic law 15/2003 of 25 November, which modified the organic law 10/1995 of 23 November, of the criminal code, introducing then a significant improvement of technical of its standardization, according to social reality, the setup types criminal and its impact on economic and social life they are also review in this reform, in order to provide adequate legal protection, but without forgetting that intellectual property law is the instrument of natural protection in this matter and that it is absolutely necessary to achieve a certain balance between that intellectual property protection and which also derives from the legitimate use of new information and communication technologies.

First, it is necessary to adjust the penal response to the assessment of the gravity of the infringement and, for this purpose, a comprehensive criminal framework offering the judge an adequate margin to adjust the punishment to the seriousness of the conduct is fixed. Any case, provides for the imposition of one penalty that is less in the case of itinerant or merely occasional distribution; and the imposition of prison sentences in cases of low gravity, in view of the characteristics of the offender and the reduced amount of the benefit is excluded. The assumptions of storage, import and export are punished, in their respective cases, with the same penalties.


Secondly, to reproduce, plagiarize, distribute or publicly communicate consistent current typical behavior is added, to reinforce the protection that you want to provide, so the economically in any other way exploit a work or other subject protected without the authorization of the holders of intellectual property rights, being replaced, in addition, the subjective element 'mood of profit» by «mood for direct or indirect economic advantage» , which tries to encompass conduct that fails to produce a profit directly, but if an indirect benefit. Is typify expressly behaviors by means of which is carry to out violations of them rights of property intellectual of which derive serious damages: the facilitation of the realization of them behaviors previous through the suppression or neutralization of them measures technological used for avoid it; the circumvention, or facilitating the circumvention of technological measures for the protection of intellectual property carried out in order to facilitate third party unauthorized access to them, when this behavior is executed with intention to obtain an economic benefit, direct or indirect; and, finally, the facilitation of access and location of works or other protected subject offered online at unauthorized. In these cases, the order of withdrawal of them works or benefits object of the infringement prepared by the authority judicial will be referred both to them files that contain them works or benefits protected as to them links u others media of location of them same.

The foregoing does not affect those who develop mere technical intermediation activities, such as, among others, a neutral content search engine activity or merely occasionally linking to such third-party content.

It review of it regulation existing contains also it improves technical of it typing of it manufacturing and put in circulation of them media intended to facilitate it neutralization of them measures of protection of it property intellectual, or his possession with purpose commercial, adjusting it terminology employed to it more wide reflected in the Directive 2001 / 29 / CE, as well as of the regulation of them alleged aggravated.

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

18TH is creates, in chapter XI of title XIII of book II of the criminal code, a new section relating to «Crimes of corruption in business», which includes charges of paying bribes to obtain competitive advantages (in the case of corruption in the private sector or the corruption of foreign public agent).

This modification is also used to introduce some technical improvements in the regulation of these crimes that are intended to ensure the application of these provisions in all the cases in which, through the payment of kickbacks, self-serving or third party, obtained positions of advantage in economic relations. In the case of the regulation of the bribery transnational, is modifies its frame criminal, and is solve them difficulties that could raise the concurrency of this standard with which regulate the bribery in the code criminal. For this purpose, requires standard only will no longer be applied when the facts can be punished a penalty that is more severe in another provision of the code, but provides that, in any case, shall be liable to penalty prohibition to contract with public sector and receive grants or public subsidies, benefits or tax incentives, or intervene in commercial transactions of public significance.

The regulation is completed with the inclusion of a compounded rate applicable in cases of special significance and, in the case of bribery, the reference to the new functional definition of public official, introduced in the new article 427.

19TH introduces certain amendments to strengthen the punishment of the so-called crimes against the corruption in the field of public administration.

Of a part, is sets a forecast special in matter of freedom conditional: may deny is when the punishable has bypassed the compliance of them responsibilities pecuniary or the repair of the damage economic caused to the Administration that has been condemned. This intends that those sentenced to custodial sentences for offences against the public administration, when it has credited a theft of public funds or economic harm to the Administration, have no access to the benefit of parole if they have not proceeded to the corresponding economic repair.

On the other hand, reviewed the penalties laid down for all crimes related to corruption in the sphere of public administration, in order to raise the sentences provided for at present. In first place, the reform leads to out the increase widespread of them penalties of debarment special for employment or cargo public. In such a case on charges of administrative corruption, infidelity in the custody of documents and disclosure of secrets, bribery, influence peddling, misappropriation and unfair administration committed by a public official, frauds and illegal levies, among others. And in second place, in them crimes more serious in that already is provides the possible imposition of a penalty of disqualification special for cargo or employment public, is adds the imposition additional (not alternative) of another penalty of disqualification special for the exercise of the right of suffrage passive. The disqualification for public office only reaches that holds to the Commission of the offence. Of this mode, is prevents that the condemned by the crime of corruption can choose during the time of the condemned to a charge elective. Thus has been established, among others, criminal offences of bribery, corruption of public official or influence peddling.

In addition, expands the limitation periods in the most serious cases in which is expected to have a maximum duration of at least ten years banishment. For these purposes, amending the regime of article 131, and rises the period of limitation in the following offences: administrative corruption, fraud and illegal levies, negotiations and activities prohibited officials and abuses in the exercise of their function and judicial corruption.

Finally, the reform introduces a new title XIII bis with the header "of the crimes of illegal financing of political parties", comprising the two new articles 304 bis and ter 304, which gives criminal response to the need to define a specific criminal type for these criminal acts, since in the current Spanish legislation does not exist a specific crime that is typified as a crime of illegal financing of political parties. With this modification be punished those who accept and receive illegal donations or to participate in structures and organizations whose main object is the of illegally financing a political party.

XX forest fires continue to be one of the most important problems that affect our mountains. According to data of the Ministry of agriculture, food and environment, of more serious forest fires have a wilful cause, and often cause serious damage to the natural heritage and to public or private property, or generate situations of danger to the physical integrity of persons that may result in the loss of lives, becoming extremely serious crimes. Precisely for this reason, in September 2009 the European Parliament drafted a resolution that calls on the Member States that harden and apply penalties to criminal acts that damage the environment and impose them, in particular, those who cause forest fires.

For these reasons, within crimes against collective security relating to forest fires are modified to provide a criminal response best suited to more serious fires. Remains the basic type, but in aggravated cases of Article 353 an autonomous and separate enactment of the concept of punishment in its upper half, is expected to soar to six years in prison. And collected new aggravating circumstances in cases especially harmful to the environment or generators of high danger. In addition, when fires affect protected areas shall be punished in the same way that crimes against the environment, which means that perpetrators may be punished with higher grade penalty. Finally, contained a referral to the articles 338 to 340 of the Penal Code to solve the problems of reparation of the damage caused by the fire, and allow the imposition of measures to restore damaged forest ecosystems and the protection of natural spaces.

Moreover, in attention to the complexity inherent to this type of crimes, and it need of carry to out a research it more agile possible, is has dear suitable that the instruction and the prosecution of them fire forest is entrusted to courts professional, leaving without effect the competition of the Court of the jury that sets it law organic 5 / 1995 , May 22, the Court of the jury.

XXI


Article 637 of the existing Penal Code up to now collecting behaviors that must be typified as a crime, and not as a simple foul, because there is no doubt that it is necessary to protect the confidence generated by certain symbols, uniforms or insignia, and their abuse must be punished criminally. Therefore, suppresses the lack and it criminalizes such conduct as a crime within the criminal types of usurping public functions and intrusion.

At the same time, the regulation of the professional intrusion is modified: increase the penalties of fine provided for in the basic type; and is improves the drafting current of these crimes including within the so-called aggravated those in that the guilty exerts acts own of a certain profession, not only when is attributed publicly the condition of professional, but also when performs such acts in a local or establishment open to the public in which is announces the provision of services own of that profession. This is intended to deal with cases of intrusion that are not expressly envisaged in the current legislation, but are frequent in practice and assume a clear fraud that should be subject to sanctions.

XXII in gender and domestic violence, some modifications are carried out to reinforce the special protection that currently the Penal Code for the victims of this type of crime.

First, incorporates gender as a reason for discrimination in the aggravating factor 4 of article 22. The reason for this is that the genre, understood in accordance with the Convention No. 210 of the Council of Europe on prevention and combating violence against women and domestic violence, approved by the Committee of Ministers of the Council of Europe on 7 April of 2011, as «roles, behaviors or activities and functions socially constructed that a particular society considers women or men own» in Istanbul , can constitute a foundation of actions discriminatory different of which includes the reference to the sex.

In addition, widening the scope of probation measure. This measure, that was introduced in the code criminal through the reform operated by the law organic 5 / 2010, of 22 of June, also is may impose in all them crimes against the life, and in them crimes of bad deals and injuries when is try of victims of violence of gender and domestic.

On the other hand, the disappearance of the failures, and the adequacy of the criminal types that entails, does not maintain differentiation in the treatment of offences related to gender and domestic violence, in order to maintain a high level of protection. Thus, although the new category of minor offences requires, in General, of the previous complaint of the injured person, this requirement of perseguibilidad won't be demand on domestic and gender-based violence-related offences. Nor is required denounces in these cases for the persecution of the new offence of harassment.

Another remarkable foresight in this regard is the correction to be introduced in terms of sentencing of fine, so it does not generate negative consequences within the family. In General, the imposition of penalties of fine in this type of crime is only possible when record credited that there are no economic relations arising from a marital relationship, cohabitation or affiliation, existence of a common descent between aggressor and victim.

Finally, in relation to them devices telematic for control them measures precautionary and them penalties of restraining in matter of violence of gender, is are posing problems on it qualification criminal of certain behaviors of the accused or punishable aimed to make them ineffective, to which is alludes in it Circular 6 / 2011, of the Prosecutor General of the State, on criteria for it unit of performance specialized of the Ministry Fiscal in relation to it violence on the woman. Therefore it is considered appropriate to offences expressly these behaviors into crimes of breach, in order to avoid that they go unpunished acts aimed to alter or prevent the correct operation of these devices.

XXIII is introduces a new definition of the attack that includes all those alleged of aggravated, aggression, employment of violence or threats serious of violence on the agent, but in which not is PARS the employment of violence on the agent with the action of resistance merely passive, that continues sanctioning is with it penalty corresponding to them alleged of disobedience serious. Cases of mild disobedience cease to be criminally sanctioned and will be corrected administratively.

In relation to the lack of consideration and respect for the authority, in the exercise of their functions, they become located in the second subparagraph of article 556 of the criminal code, a minor crime.

As a novelty, reflected explicitly, which in any case shall be considered acts of attack that was committed against officials of health and education in the exercise of their functions or on the occasion of the same, giving visibility to what, on the other hand, he was already collecting majority jurisprudence.

The crimes of attack can be committed by means of behavior very different whose gravity can be very uneven. For this reason, you choose to modify the penalties that these crimes are punished by reducing the lower limit of the penalty that may be imposed. And, on the other hand, is offers a response forceful to all those alleged of attack in which concur circumstances of which derives its special reprochabilidad: use of weapons or objects dangerous; launch of forceful, liquid flammable or corrosive objects; aggravated with a vehicle's engine, or when them made is carried to out with occasion of a mutiny, plante or incident collective in the inside of a Center prison.

Included as protected subjects, together with the citizens who come to the rescue of the agents of the authority, members of the assistance and rescue teams who come to provide assistance to the other in an accident or a public calamity. In these cases is planned now imposing the same penalty that when facts are committed on an authority, agent or officer. This worsening of the criminal-law framework has a double rationale: the decrease of the minimum penalty that will punish these crimes; and considering that who comes to the rescue of an authority, agent, or officer or assumes certain conditions the performance of public functions or of great social relevance, should receive protection equivalent to those involved with official status.

XXIV the previous regulation of alteration of public order - of nineteenth century origin - not defined crime, he juxtaposed a number of punishable conduct, which generated type problems, in some cases, and bankruptcy in others. These problems is solved through the definition of «alteration of the order public» starting from the reference to the subject plural and to the realization of acts of violence on things and people. Also expressly punishes the conduct of those who are not directly involved in acts of violence, but incite others, or reinforce available to carry them out. Includes a bankruptcy rule that provides the joint imposition of penalties corresponding to the alteration, and that correspond to specific acts of violence or causation of damage that has been executed.

She is classified, as aggravated cases, of bearing of arms, display of simulated firearms, violent actions especially dangerous to the life or integrity of persons, or Commission of acts of looting. And regulated as grayed out so-called entry into premises and establishments in a way that alters its normal activity, when they failed to produce violence or threats, conduct the previous regulation similar to the violent disorder.

It also introduces a new criminal type, that is, the dissemination of messages that incite to the Commission of any of the aggravated crimes of disturbing the public order. Thus, avoids the sanction general of the mere realization of comments that may encourage a more or less indirectly the public disorder, and only are punished acts of incitement to especially severe disorders whose delimitation does not pose difficulties.

In addition, the wording of the current article 561 (false notice of pump), is reviewed to include cases of false news of health services or emergency activation.

XXV the reform operated in the Penal Code by the Ley Orgánica 5/2010 of 22 June, introduced the offence of trafficking in human beings in the current article 177 bis. This crime is defining prior to the directive 2011/36/EU, of 5 April 2011, regarding the prevention and fight against trafficking in human beings and the protection of victims and by which replaced the framework Decision 2002/629/JHA of the Council. Although the reform of the year 2010 took into account the project that finally materialized in that directive, there are several issues which were not reflected in the current wording, and that it is necessary to include a full transposition of European legislation.


In concrete, inside them forms of Commission of the crime is includes the delivery or reception of payments to get the consent of the person that controls to them victims, or it is with the purpose of arrange marriages forced. Also creates the exploitation with the purpose that the victims committed criminal acts for operators. It defines the concept of vulnerability, according to the text of the directive European. And deepens the penalty for the alleged creation of causation of serious injury hazard.

On the other hand, it is also necessary to review the regulation of illegal immigration offences established in article 318 bis. These crimes were introduced prior to that was typified separately trafficking in human beings for exploitation, so it provided criminal response to extreme behavior that currently sanctions Article 177 bis. However, after the typing separate of the crime of traffic of humans is kept the same penalty extremely aggravated and, in many cases, disproportionate, to all them alleged of crimes of immigration illegal. Therefore, it was necessary to review the regulation of article 318 bis with a dual purpose: on one hand, to define clearly the conduct constitutive of illegal immigration in accordance with the criteria of the regulations of the European Union, i.e. in a way distinct to trafficking in human beings, as laid down in Directive 2002/90/EC; and another, to adjust the penalties pursuant to Decision 2002/946/JHA framework, which only provides for the basic assumptions for the imposition of maximum penalties of a minimum duration of one year in prison, reserving more severe penalties for cases of organized crime and put in danger the life or integrity of the immigrant. Of this mode, is defines with precision the field of them conduct punishable, and the imposition compulsory of penalties of prison is reserved for them alleged especially serious. In any case, the criminal sanction in the case of actions oriented for humanitarian reasons is excluded.

The reform culminates also the transposition effective of the directive 2009 / 52 / EC, by which is set them standards minimum on them sanctions and measures applicable to them employer of national of third countries in situation irregular.

XXVI amending the regulation of the behaviors of incitement to hatred and violence for two reasons: on one hand, the ruling of the 235/2007 Constitutional Court of 7 November, imposes an interpretation of the crime of genocide denial that would limit its application to cases in which such conduct constitutes an incitement to hatred or hostility against minorities; and of another, is is of behaviors that should be object of a new regulation adjusted to it Decision frame 2008 / 913 / JHA, that must be transposed to our ordering legal.

Regulate jointly, and in a manner tailored to the requirement of Decision 2008/913/JHA, broader framework than the current one, the ancient articles 510 and 607 of the criminal code. The relocation of the 607 article is justified by the text of the framework Decision and the fact that the Constitutional Court has imposed that denial of the genocide can only be criminal as a form of incitement to hatred or hostility. Of equal form, the Decision framework imposes the typing of the denial of the genocide to the extent that is try of a form of incitement to the hate against minorities.

The new regulation makes two groups of behavior: on the one hand, and with one greater penalty, actions of incitement to hatred or violence against groups or individuals on grounds of racist, anti-Semitic or others relating to their ideology, religion, ethnic group, or belonging to other minority groups as well as acts of denial or glorification of the crimes of genocide, against humanity or against persons or property protected in the event of armed conflict that had been committed against those groups, when it promotes or encourages a climate of violence, hostility or hatred against them; and of another part, them acts of humiliation or contempt against them and the glorification or justification of them crimes committed against them themselves or their members with a motivation discriminatory, without prejudice of its punishment more serious when is try of actions of incitement to the hate or to the hostility against them themselves, or of behaviors suitable for favor a climate of violence.

Also expected an aggravation of penalty for cases of offences through the internet or other social media, as well as the assumptions on which concerned conduct which, by their circumstances, or the context in which occur, you are suitable for disturbing the public peace or seriously undermine the sense of security of the members of the affected groups.

Is include measures for the destruction of those documents, files or materials by means of which is had committed the crime, or to prevent the access to them themselves.

Finally, expected aggravation of penalties in the case of existence of criminal organizations, and included the regulation of the criminal responsibility of legal persons.

XXVII persons with disabilities should be a criminal protection reinforced in view of their particular vulnerability. The rules of the Penal Code which serve this purpose must be appropriate to the International Convention on the rights of persons with disabilities, made in New York on 13 December 2006, which aims to prevent discriminatory conduct that might prevent them the enjoyment of their rights on equal terms. It is necessary to carry out an adaptation of the aforementioned Convention to our criminal code, and this requires an update to the terms used to refer to people with disabilities. The original text of the criminal code refers improperly 'disability' or 'unable', a terminology already exceeded in our legal system prior to the Convention, since the adoption of the Law 51/2003, of 2 December on equal opportunities, non-discrimination and universal accessibility of persons with disabilities, and which must be replaced by more appropriate terms "disability" and "person with disability in need of special protection".

To such end, it modifies the article 25 for update such terms and offer a definition more accurate of them people that constitute object of a special protection criminal. Such modification is fully consistent with the provisions in law 39/2006, of 14 December, promotion of Personal autonomy and care for people in a situation of dependence, which establishes in its additional provision eighth that references that are carried out in the regulatory texts to "disabled" and "persons with disabilities", shall be deemed performed to "persons with disabilities". And for greater clarity and reinforcement of this forecast, with it reform is decides to incorporate a paragraph so all the references made in the code criminal to the term «disability» is replaced by the term «disability», and that the term «unable to» is replace by the of «person with disability needed of special protection».

Similarly, a better treatment is given to sterilization by judicial organ, which is confined to exceptional cases in which there is serious conflict of legal property protected. New article 156 refers to civil procedural laws, that will regulate cases of sterilization of the most appropriate way and guarantees for the rights of those affected. While this new regulation handed down, the entry into force of the current regulation that contemplates the code will be maintained.

XXVIII. it criminalizes forced marriage to comply with the international commitments entered into by Spain in relation to the prosecution of crimes against human rights.

Thus, the directive itself 2011/36/EU of the European Parliament and of the Council of 5 April 2011, relative to the prevention of and fight against trafficking in human beings and the protection of victims, includes the forced marriage between the behaviors that can lead to exploitation of people. Also, the Convention on the Elimination of all them forms of discrimination against it woman of Nations United, ratified by Spain, sets in its article 16 that «them States parts shall take all them measures appropriate for delete it discrimination against it woman in all them Affairs related with the marriage and them relations family and, in particular, ensure in conditions of equality between men and women» (: a) the same right to enter into marriage; (b) the same right to free choice of spouse and marriage only by their free will and full consent".

It was timely, for all the above, the specific definition of this crime, which is already regulated in other countries such as France, Denmark, United Kingdom, Germany or Norway. Case of a coercive behavior, has estimated necessary to establish it as a case of coercion when compeliere another person to enter into marriage. And it also punishes those who use coercive means to compel another to leave the Spanish territory or to not return to the same, with that same aim force him to marry.

XXIX


Also within crimes against freedom, introduces a new criminal type of harassment that is meant to respond to behaviors of undoubted gravity that, on many occasions, could not be qualified as coercion or threats. Is is of all those alleged in which, without get to produce is necessarily the ad explicit or not of it intention of cause some badly (threats) or the employment direct of violence for stifle the freedom of the victim (coercion), is produce behaviors repeated by means of which is undermines badly it freedom and feeling of security of the victim It is subject to that persecution or repeated calls, constant surveillance, or other continuous acts of harassment.

XXX take advantage the reform to introduce certain corrections to the current text.

Will include them weapons nuclear and radiological within it typing criminal of them crimes of holding and deposit of weapons, ammunition or explosive contained in the chapter V of the title XXII.

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

Is corrects the omission, in the article 306, of it imposition-as is planned in the rest of them crimes against it Hacienda public-, of the penalty of loss of the possibility of get grants or aid public and of the right to enjoy of them benefits or incentives fiscal or of it security Social.

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

XXXI currently must prevail is the rationalization of the use of the service public of Justice, for reduce the high litigation that falls on judged and courts, with measures aimed to favor a response judicial effective and agile to them conflicts that can pose is. At the time, the criminal law should be reserved for the settlement of disputes of particularly serious.

Much of legal operators comes calling for Suppression of constitutive lack criminal offences: noticeable disproportion between the legal goods that protect and investment in time and media requiring prosecution; but also by the questionable need that behavior lacking in many cases of sufficient severity, should be object of a criminal blame. In this sense, the General State Prosecutor's Office, which advocates that current infringements considered as criminal misdemeanors are aside from the criminal code by its low gravity comes by saying. And also the Council General of the judiciary, which recently has proposed decriminalizing certain behaviors defined as criminal misdemeanors as a suitable measure to reduce the high levels of litigation, which are especially high in the criminal court order.

In our law does not exists a difference qualitative between crimes and failures. The differences are purely formal, by the character that the law gives to a u another infringement, or quantitative in attention to the type of penalty that is them imposes. The typing of certain behaviors as fouls criminal is due to simple reasons of political criminal, that in the moment current lack of sufficient justification. And there is some distortion in the comparison with the sanctioning administrative law, which in many cases offers a sanctioning more strong response that provided for in the criminal code for theoretically more serious behaviors. Hence the reform take to out a suppression final of the catalogue of failures regulated in the book III of the code criminal, classifying as crime slight those offences that is estimated necessary keep.

Excision of constituent offences of failure introduces consistency in the penalties as a whole system, because a good part of them describe behaviors sanctioned of most serious form in the administrative field; in other occasions, is is of violations that are corrected of form more appropriate in others areas, as them failures against them relations family that have a response more appropriate in the right of family; and, in some cases regulate conduct that, in reality, are constitutive of the crime or should be regulated explicitly as a crime.

This modification not is necessarily an aggravation of them behaviors or of the penalties currently applicable to them failures. Certain behaviours typified so far as failure will disappear from the criminal code and return to the administrative or civil, leaving sanction in criminal matters via. Only remain those deserving infringements of sufficient punitive reproach as to include them in the catalogue of crimes, mostly as crimes mild punished with sentences of fine. The claim is clear: book criminal treatment of more serious conduct of society, which therefore should deserve a treatment according to their consideration.

The new category of misdemeanours allows subsume those constitutive behaviors of failure estimated necessary to maintain. But also achieved a differentiated treatment of these infractions to avoid unintended negative consequences arise. Contrary to what is established for serious and less serious crimes the condition of mild offense is attributed when planned, due to their worth, can be considered as mild and less serious. This avoids that the wide margin established for worthwhile in any case may give rise to your consideration as a misdemeanor. Also, the term of prescription of these infringements is set in a year, equating is to them libel and slander as crimes traditionally considered of lower entity to these effects. And it expressly provides that the existence of a criminal record for minor offences will not appreciate the aggravating circumstance of recidivism.

The imposition of penalties of fines, which are estimated to be most appropriate to punish offences low entity, and also with a wide margin of appreciation to the judge or court may assess the gravity of the conduct is generally used. However, sentencing of work for the benefit of the community and the permanent location is used when it comes to crimes of domestic and gender-based violence, in order to avoid the negative effects that for own victim it can lead to the imposition of a penalty of fine.

Reform implies the repeal full of Book III of the criminal code, in such a way that it disappears the constituent offences of failure. This requires adapting a large number of articles that make reference to the duality crime or is missing, simply to remove the mention of criminal offences. Hence the extent of the reform that it rushes, which in many cases consists of a mere adaptation of the regulation on the removal of the dualistic system, as it is the case with good portion of articles of the criminal code-general part, or with other precepts of the special part such as those relating to unlawful associations, judicial corruption or crime allegation , or also the punishment of the receiving stolen goods in faults, that reform is repealed.

Regarding the abolition of the offenses against the persons collecting title I of Book III of the criminal code, mostly it's behavior typified as a crime, which may be included in each of these as dimmed subtype applicable to cases in which the circumstances of the fact reveal a less serious.

Thus, disappear the faults of lesions, which are incorporated into the catalogue of misdemeanours. Less serious injuries, that do not require medical or surgical, treatment will be sanctioned in the grayed out type of paragraph 2 of article 147. It also an slight offence «that doomsday or physically work to another without causing injury», that is, the lack of current paragraph 2 of article 617, which is aggravated in the case of vulnerable victims by article 153, as well as mild lesions of paragraph 2 of article 147.

In response to the low gravity of lesions and the mistreatment of work, they will only be actionable by complaint of the injured person or his legal representative. This avoids the current situation, in which a simple medical part of injury of small entity obliges the investigating judge to launch a judicial process and cite to the injured so that must go to court to ask how handicapped stock offering, with the inconveniences that this causes you. Seems more appropriate to just action when the injured person seeking complaints. Now, in cases of gender-based violence is not required prior complaint to pursue less serious injuries and mistreatment of work.


In when to the homicide and injury reckless, is estimated timely redirect them current failures of homicide and injury by recklessness slight towards it via jurisdictional civil, so that only will be constituent of crime the homicide and them injury serious by recklessness serious (paragraph 1 of the article 142 and paragraph 1 of the article 152), as well as the crime of homicide and injury serious by recklessness less serious that they will become part of the catalogue of minor offences (paragraph 2 of article 142) and paragraph 2 of article 152 of the criminal code. Is collects so a modulation of the recklessness criminal between serious and less serious, what will give place to a best graduation of the responsibility criminal depending on the conduct worthy of reproach, but to the same time will allow recognize alleged of recklessness mild that should stay out of the code criminal. Not all negligent performance that is derived from a harmful result should give rise to criminal liability, but that the principle of minimum intervention and the consideration of the punitive system as last ratio, determined that the criminal sphere should exclusively incardinar serious cases of recklessness, redirecting other types of conduct negligent to the civil route, in the form of non-contractual liability or aquiliana of the articles 1902 et seq. of the Civil Code , to which there will be of go who intends to demand responsibility for fault of such entity.

Any flaws in the abandoned provided for in paragraph 1 of Article 618 and article 619 of the Criminal Code shall be deleted. The so-called serious of abandonment to a less helpless or to a person with disability needed of special protection can subsume is in the crime of omission of the duty of relief. And the same goes for the conduct of the article 619 - denial of assistance to underprivileged elderly advanced-that well is a case of omission of duty relief or a result crime, when committed by those who, as guarantor, is obliged to guarantee assistance to the elderly.

Also paragraph 2 of the article 618 and 622 article of the Penal Code shall be repealed not including criminal sanctions, for more serious behaviors of non-family duties are already classified as criminal offences in the articles 226 et seq.. And serious breaches of agreements or statements may give rise to liability for disobedience. Cases of mere obstruction, defective fulfillment or non-compliance without sufficient gravity have a sanctioning regime in Article 776 of the Civil procedure law.

The threats and coercion of character mild is sanction as subtype dimmed in each one of them respective crimes, keeping is the requirement of your persecution only to instance of part. On the other hand, minor injuries and the unjust vexations, except when committed on any of the persons referred to in paragraph 2 of article 173, remain aside from criminal matters, because they are offences of a private nature repair may be required in the civil courts or by the acts of conciliation. The intent, therefore, is that only arise to the criminal courts those behaviors that have real entity and relevance, when in addition there are no alternative means for the resolution of the conflict.

In the case of offences against property, the repeal of the faults is the incorporation of new types, attenuated in the corresponding crimes of reference, while maintaining the quantitative criterion to punish offences of minor gravity.

They disappear failures consisting of the movable and immovable property article 626 turbidity, as well as the causation of damage of scarce entity in goods of cultural value, which can redirect to the offence of damage or other offences when they are certain entity, or go to a civil compensation; in the case of goods of domain public, also can go is to the sanction administrative.

In terms of failures against the general interest, is return to attenuated figures of crime cases of use of counterfeit currency (article 386) or the distribution or use of emails or fake ringing effects (article 389) seals. And failures currently typified in the 630 article, paragraph 1 of article 631 shall be deleted and paragraph 1 of article 632, as it's already are subject to correction sufficient - and better - by sanctioning administrative law and behavior that can be subject to criminal sanction in the most serious cases which come to cause damage in any case.

Not is appreciate reasons sufficient to justify the maintenance of them violations criminal planned in the article 630 and the paragraph 1 of the article 631, and can go is to the sanction administrative, or to others crimes if finally is cause damage. On the other hand, it seems convenient to maintain as criminal offences the abandonment of pets that paragraph 2 of article 631, which happens to be a grayed out type of the mistreatment of animals article 337 bis of the Penal Code. It reform leverages, in this point, for reinforce the protection of them animals through a definition of which are object of the crime that increases it security in the application of the standard, and a review of them behaviors punishable, including the exploitation sexual of animals, and of them sanctions applicable to them same. As important novelty, as well as corresponding penalties of imprisonment or a fine depending on the severity, forecast the possibility of imposing penalties of special disqualification for the exercise of profession, craft or trade that has relation with animals and for the possession of animals.

Concerning the public order offences, cases of relevant alterations are already punishable as a criminal offence, as well as the assumptions of attack, resistance and disobedience. It is derived to the administrative activities without compulsory insurance. However, maintaining criminal punishment for which is absence in a social or local domicile outside the opening hours, as a dimmed subtype of article 203; or the use of uniform or the attribution of public the condition of professional, which makes it in a new article 402 bis within the improvement of criminal types of usurping public functions and intrusiveness.

The reform is completed with a review of the regulation of the trial of faults contained in the law of Criminal Procedure, which will continue to be applicable to minor offences. In the case of less serious offences (misdemeanours) usually there are behaviors that are typical but do not have a gravity that would justify the opening of a process and the imposition of a sanction of a criminal nature, and in whose criminal sanction nor is there a true public interest. For these cases is introduced, with an orientation that is usual in comparative law, a criteria of opportunity that will allow judges, at the request of the public prosecutor's Office, valued the small entity of the fact and the lack of public interest, to dismiss these procedures.

This modification is introduced an instrument that allows judges and courts dispense with penal sanction of conduct of little gravity, which achieves an effective realization of the principle of minimum intervention, which orients the reform of the Penal Code at this point; and, at the time, gets to download to the courts in the processing of minor issues devoid of true relevance that clogged its activity and reduce the resources available to clarify, persecution and punishment of really serious behaviors.

Finally, in order to avoid the problems of transience, derived from the immediate application of the new minor offences, rules have been included to adapt the law of Criminal Procedure. In this way, the misdemeanours shall be conducted in accordance with the procedure laid down in Book VI of the law of Criminal Procedure, which fits to the new category of criminal instruction Court and the courts of violence against women keeping competition for the knowledge and judgment of these crimes. Also regulates the temporary situation of the misconduct trials initiated prior to the entry into force of this law.

Single article. Modification of the organic law 10/1995 of 23 November, of the criminal code.

One. Amending paragraph 1 of article 1, which is worded as follows: ' 1. not any action or omission that is not intended as a crime shall be punished by law prior to its perpetration. "

Two. Amending paragraph 1 of article 2, which is drawn up in the following way: «1. not will be punished any offence with a penalty that is not provided by law prior to its perpetration. " Will be free, equally, from retroactive laws that establish security measures.»

Three. Amending article 7, which happens to have the following wording: «For the purpose of determining the applicable criminal law in time, offences are committed at the time that the subject runs the action or omitted the Act that she was required to perform.»

Four. Is modifies the article 9, that is drafted as follows: «the provisions of this title are apply to them crimes that is hallen convicts by laws special.» «The remaining provisions of this code are apply as extra in it not intended expressly by those.»

5. Is modifies the header of the book I, that happens to be called is:


'General provisions on offences, responsible persons, penalties, security measures and other consequences of the criminal offence.'

6. Amending the heading of chapter I of title I of book I, which happens to be called: «of the crimes' seven. Is modifies the article 10, that is drafted as follows: «are offences the actions and omissions intentional or reckless punishable by the law.»

8. Amending article 11, which is worded as follows: «crimes involving the production of a result only shall be considered committed by omission when not avoidance of it, infringe a special legal duty of the author, equals, according to the meaning of the text of the law, its causation. (For this purpose is equipped the omission to the action: to) when there is a specific obligation legal or contractual of Act.

(b)) when the omitente have created a chance of risk to the legally protected either by an act or omission of previous.»

9. Is modify them paragraphs 3 and 4 of the article 13, that will have the following wording: «3. are crimes mild them infringements that it law punishes with penalty mild.»

4. when the penalty, by extension, can be included at the same time among those mentioned in the first two issues of this article, the crime shall be deemed, in any case, serious. «When the penalty, by their extension, can consider is as mild and as less serious, the crime is considered, in all case, as mild.»

10. Amending article 15, which is worded as follows: "Are punishable attempted crime and accomplished crime."

Eleven. Is modify them paragraphs 2 and 3 of the article 16, with the following drafting: «2. will be exempt of responsibility criminal by the crime tried who avoid voluntarily the consummation of the crime, well giving up of it execution already initiated, well preventing the production of the result, without prejudice of the responsibility in that could have incurred by them acts executed, if these are already constituent of another crime.»

«3 when in fact they involved several subjects, shall be exempt from criminal liability that or those who desist from implementation already initiated, and prevent or attempt to prevent serious, firmly and resolutely, the consummation, without prejudice to any liability which may be suffered or incurred by executed acts, if these are already part of another crime.»

12. Is modifies the article 17, that is drafted as follows: «1. the conspiracy exists when two or more people is arranged for the execution of a crime and resolve run it.»

2. the proposition exists when that has solved a crime invites one or more other persons to participate in the.

3. the conspiracy and proposition to commit a crime only shall be punished in the cases specifically provided for in the law.»

13. Is modified the point first of the numeral 4th of the article 20, that is worded as follows: «first.» Illegitimate aggression. In case of defence of those goods is will consider aggression illegitimate the attack to them same that constitutes crime and them put in serious danger of deterioration or loss imminent. In the case of defence of the dwelling place or its dependencies, shall be deemed illegitimate aggression undue entry into that or these.»

Fourteen. Modify the circumstances 4th and 8th of article 22, which are worded in the following way: '4th commit the crime due to racist, anti-Semitic or other kind of discrimination relating to ideology, religion or beliefs of the victim, the ethnic group, race or nation to which they belong, their gender, orientation or sexual identity, gender, disease who suffer or their disability.' «» 8th be recidivist.

There are recidivism when, to commit an offence, the guilty has been convicted of executorily an offence within the same title of this code, provided that it is of the same nature.

For the purposes of this number cancelled records are not counted that should be, or all that apply to minor offences.

Sentences firm judges or courts in other States of the European Union will produce the effects of recidivism unless the criminal history has been cancelled or could be under Spanish law.»

15. Modifies article 25, which is drawn up in the following way: "for the purposes of this code refers to disability that situation in which a person meets physical, mental, intellectual or sensory deficiencies of a permanent nature which, when interacting with different barriers, may limit or prevent their full and effective participation in society on an equal basis with others.

Also for the purposes of this code, it means person with disability in need of special protection to person with disabilities who have or not judicially amended its capacity to act, requires assistance or support for the exercise of legal capacity and decision-making with respect to his person, his rights or interests because of their intellectual or mental deficiencies of a permanent nature.»

Sixteen. Amending the heading of title II of book I, which happens to be called: «of persons criminally responsible for crimes» seventeen. Amending article 27, which is worded as follows: «Are responsible criminally crimes perpetrators and accomplices.»

Eighteen. Amending paragraph 1 of article 30, which is drawn up in the following way: «1. offences committed using means or mechanical broadcast media will not respond criminally neither accomplices nor those who have favored them personal or really.»

Nineteen. Amending article 31, which is worded as follows: «which act as administrator of fact or right of a legal person, or name or legal or voluntary representation of another, will respond personally, although you are not fulfilled the conditions, qualities or relations that the corresponding figure of crime requires subject in order to be active, if such circumstances occur in the entity or person on whose behalf or representation Act.»

20. Article 31 bis, which is drawn up is modified as follows: «(1. En los supuestos previstos en este Código, las personas jurídicas serán penalmente responsables: a) crimes on behalf or on account of them, and in their direct or indirect advantage, by their legal representatives or by anyone acting individually or as members of an organ of the legal person» they are authorized to make decisions on behalf of the legal person or hold powers of organization and control within it.

(b) of the crimes committed, in the exercise of social activities and by account and direct or indirect benefit of the same, by those who, being subjected to the authority of the natural persons referred to in the preceding paragraph, have been able to make the facts have been seriously breached those duties of supervision, surveillance and control of their activity the concrete circumstances of the case.

2 If the crime is committed by persons indicated in the letter to) of the previous paragraph, the legal person shall be exempt from liability if the following conditions are met: 1 the Board of Directors has adopted and implemented effectively, before the Commission of the offence, models of organization and management that include appropriate surveillance and control measures to prevent offences of the same nature or to significantly reduce the risk of their Commission;

2nd the supervision of the operation and of the compliance of the model of prevention implanted has been entrusted to an organ of the person legal with powers autonomous of initiative and of control or that have entrusted legally it function of monitor the efficiency of them controls internal of the person legal;

3rd them authors individual have committed the crime elude fraudulently them models of organization and of prevention and 4th not is has produced an omission or an exercise insufficient of their functions of monitoring, surveillance and control from the organ to which is concerns the condition 2nd in them cases in which them previous circumstances only can be object of accreditation partial , this circumstance will be valued to the effects of attenuation of the penalty.

3. in them people legal of small dimensions, the functions of supervision to is concerns the condition 2nd of the paragraph 2 may be assumed directly by the organ of administration. For these purposes, are legal persons of small dimensions which, according to the applicable legislation, are authorized to submit abbreviated profit and loss account.

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

In this case it will be equally applicable attenuation referred to in the second subparagraph of paragraph 2 of this article.

5 models of organization and management referred to in condition 1 of paragraph 2 and paragraph shall meet the following requirements: 1 identify the activities in whose scope can be committed the crimes that must be prevented.


2nd established protocols or procedures that materialize the formation process of the will of the legal person, decision-making and execution thereof in relation to those.

3rd will benefit of models of management of them resources financial appropriate to prevent the Commission of them crimes that must be prevented.

4th will impose the obligation to inform the body responsible for monitoring the performance and observance of the model of prevention of possible risks and non-compliance.

5 shall establish a disciplinary system that adequately punish the breach of the measures that the model set.

«6 will be a regular model and its eventual modification check when they bring relevant infringements of their provisions, or when changes occur in the Organization, the control structure or the activities that make them necessary.»

Twenty-one. Is introduces a new article 31 ter, with the following content: «1. it responsibility criminal of them people legal will be callable whenever is finds the Commission of a crime that has had that commit is by who holds them charges or functions mentioned in the article earlier, even when the concrete person physical responsible not has been individualized or not has been possible direct the procedure against she.» When as a consequence of the same facts worth of fine impusiere both, judges or courts influence the respective amounts, so that the resulting sum is not disproportionate to the seriousness of those.

2. the concurrence, in people who physically carried out the facts or which would have made them possible for not exercising proper control, of circumstances that affect the guilt of the accused or aggravating his liability, or the fact that such persons who have died or have been removed from the action of Justice, shall not exclude or amend the criminal responsibility of legal persons «, without prejudice of what is available in the article following.»

Twenty-two. It introduces a new article 31 c, with the following content: have proceeded, before knowing that the judicial procedure is aimed against it, to confess the violation to the authorities. "

(b) have collaborated in the research of the made providing tests, in any moment of the process, that were new and decisive to clarify them responsibilities criminal arising out of them made.

(c) have proceeded at any time during the procedure and prior to the trial to repair or reduce the damage caused by the offence.

«(d) have established, before the start of the trial oral, measures effective to prevent and discover them crimes that in the future could commit is with them media or under the coverage of the person legal.»

Twenty-three. Introduces a new article 31 d, with the following content: «1. provisions on the criminal liability of legal persons shall not apply to the State, institutional and territorial public administrations, regulators, agencies and public business entities, international public organizations, or others engaged in public of sovereignty or administrative powers. "

((2. for them societies commercial public that running political public or provide services of interest economic general, only les may be imposed the penalties provided for in them lyrics to) and g) of the paragraph 7 of the article 33. This limitation shall not apply if the judge or court to appreciate that it is a legal form created by its promoters, founders, administrators or representatives for the purpose of evading a possible criminal liability."

Twenty-four. Is modify the paragraphs 2, 3 and 4 of the article 33, that are written as follows: «(2. are penalties serious: to) the prison permanent revisable.»

(b) more than five years prison.

(c) the disqualification absolute.

(d) the special disqualification for more than five years.

(e) the suspension of employment or public office for more than five years.

(f) the deprivation of the right to drive motor vehicles and motorcycles for more than eight years.

(g) the deprivation of the right to possession and bearing of arms for more than eight years.

(h) the deprivation of the right to reside in specific places or attend them, for more than five years.

(i) the prohibition of approach is to the victim or to those of their family u other people that determine the judge or court, by time superior to five years.

(j) the prohibition on contact with the victim or those of relatives or other persons determined by the judge or court, for more than five years.

(k) the deprivation of parental authority.

3 are less severe penalties: to) the imprisonment of three months to five years.

(b) the special disqualification up to five years.

(c) the suspension of employment or public office up to five years.

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

(e) the deprivation of the right to possession and bearing of arms for a year and a day to eight years.

(f) special disqualification for the exercise of profession, craft or trade that has relation with animals and for the holding of animals one year and one day to five years.

(g) the deprivation of the right to reside in specific places or attend them, by six months to five years.

(h) the prohibition of approaching the victim or those of relatives or other persons determined by the judge or court, by six months to five years.

(i) the ban on contact with the victim or those of relatives or other persons determined by the judge or court, by six months to five years.

(j) the fine of more than three months.

(k) the proportional fine, anyone who was the amount, except as provided in paragraph 7 of this article.

(l) works for the benefit of the community of thirty-one days to a year.

4 are minor penalties: to) the deprivation of the right to drive motor vehicles and mopeds from three months to one year.

(b) the deprivation of the right to possession and bearing of arms from three months to one year.

(c) disqualification special for the exercise of profession, craft or trade that have relationship with them animals and for the holding of animals of three months to a year.

(d) the deprivation of the right to reside in certain places or go to them, by time inferior to six months.

(e) the prohibition of approach is to the victim or to those of their family or others people that determine the judge or court, by time of a month to less than six months.

(f) the prohibition of communicate is with the victim or with those of their family or others people that determine the judge or court, by time of a month to less than six months.

(g) the penalty of up to three months.

(h) the location standing from a day to three months.

«(i) the works in benefit of the community of one to thirty days.»

Twenty-five. Amending article 35, which is worded as follows: «custodial sentences are revisable permanent prison, prison, permanent location and personal subsidiary liability for non-payment of fine. Compliance, as well as the prison benefits involving shortening of the sentence, shall comply with the provisions in laws and this code.»

Twenty-six. Paragraphs 1 and 2 are modified and is inserted a new paragraph 3 in article 36, which is worded as follows: ' 1. Permanent imprisonment will be reviewed in accordance with the provisions of article 92.»

The classification of the convicted person in third grade must be authorised by the previous court individualized and favorable prognosis of social reintegration, heard the prosecution and correctional institutions, and may not be: to) until the twenty years of effective prison, in the case that the punished would have been for a crime of Chapter VII of title XXII of book II of this code.

(b) up to the fulfillment of fifteen years of effective prison, in the other cases.

In these cases, the punishable not enjoy furloughs until I have completed a minimum of twelve years in prison, in the case referred to in the letter to), and eight years in prison, in the provided for in point (b)).

2. the penalty of prison will have a duration minimum of three months and a maximum of twenty years, unless you have exceptionally other precepts of the present code.

When the duration of the term of imprisonment imposed exceeds five years, the judge or court may order that the classification of the convicted person in the third degree of penitentiary treatment is not made until the half of the sentence imposed.

In any case, when the duration of the term of imprisonment imposed exceeds five years and the case of the offences listed below, the classification of the convicted person in the third degree of penitentiary treatment not may be until the half of it: to) offences relating to terrorist groups and organizations and terrorist offences of Chapter VII of title XXII of book II of this code.

(b) crimes committed in the heart of an organization or group criminal.

(c) crimes of the article 183.


(d) offences of chapter V of title VIII of book II of this code, when the victim is under the age of thirteen.

He judge of surveillance, prior forecast individualized and favorable of reintegration social and valuing, in his case, them circumstances personal of the reo and the evolution of the treatment reeducador, may agree reasonably, ears the Ministry Fiscal, institutions prison and them others parts, the application of the regime general of compliance, except in them alleged contained in the paragraph previous.

«3. in any case, the Court or judge of prison surveillance, as appropriate, you may remember, prior report of the public prosecutor, correctional institutions and other parties, progression to third grade on humanitarian grounds and personal dignity of convicts very seriously with incurable illnesses and the their 70s ill valuing especially its little danger.»

Twenty-seven. Amending article 39, which happens to have the following wording: «(Son penas privativas de derechos: a) the disqualification. "

(b) them of disabling special for employment or charge public, profession, trade, industry or trade, u others activities certain in this code, or of them rights of Homeland authority, guardianship, saves or guardianship, holding of animals, right of suffrage passive or of any other right.

(c) the suspension of employment or public office.

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

(e) the deprivation of the right to the ownership and porte of weapons.

(f) the deprivation of the right to reside in specific places or attend them.

(g) the prohibition of approach is to the victim or to those of their family or others people that determine the judge or the Court.

(h) the prohibition of contact with the victim or those of relatives or other persons determined by the Court or tribunal.

(i) the works in benefit of the community.

(j) deprivation of parental authority."

Twenty-eight. Is modifies the paragraph 1 of the article 48, that is drafted of the following mode: «1. the deprivation of the right to reside in certain places or go to them prevents to the punishable reside or go to the place in that has committed the crime, or to that in that resides the victim or his family, if are different.» In cases where there is an intellectual disability or a disability that has its origin in a mental disorder, will study the case to solve bearing in mind the legal to protect goods and the best interests of persons with disabilities which, in his case, will have to have the means of accompaniment and support to the execution of the measure.»

Twenty-nine. Amending paragraph 1 of article 53, which is worded as follows: «1. If the convicted person does not satisficiere, voluntarily or by way of enforcement, the fine imposed, will be subject to a subsidiary liability of one day of deprivation of freedom each two unmet daily quota, which, in the case of minor offences, be met through permanent location.» In this case, not be governed by the limitation that in its duration sets the paragraph 1 of the article 37.

Can also be the judge or court, previous conformity of the punished, agree that the vicarious liability is met through work for the benefit of the community. In this case, each day of deprivation of liberty shall be equivalent to a day's work.»

Thirty. Amending article 57, which happens to have the following wording: «1. judges or courts, in the crimes of homicide, abortion, injury, against freedom, torture and against moral integrity, is human beings, against sexual freedom and indemnity, privacy, the right to self-image and the inviolability of the home, honor, heritage and socio-economic order» According to the gravity of the facts or the risk that the offender represents, they may agree in its judgments in the imposition of one or more of the prohibitions referred to in article 48, for a period not to exceed ten years if the offence was serious, or five if it were less severe.

However, if the convicted person out to imprisonment and the judge or court agreed to the imposition of one or more of such prohibitions, will do it for a longer time between one and ten years of the duration of imprisonment imposed in the judgment, if the offence was serious, and between one and five years , yes was less serious. In this case, the prison sentence and the aforementioned prohibitions shall be fulfilled necessarily by the convicted person simultaneously.

2. in the case of the offences referred to in the first subparagraph of paragraph 1 of this article committed against anyone who is or has been the spouse or person who is or has been connected to the doomed by a similar relation of emotion even without cohabitation, or descendants, ascendants or by nature, adoption or affinity, own brothers or the spouse or cohabitant , or children or people with disabilities need special protection that live together or who are subject to authority, guardianship, curatorship, foster or guardian in fact the spouse or cohabitant, or person under any other relationship in which is integrated in the core of his family life, as well as persons who are subject to its custody or in centres for their special vulnerability public or private is agree, in any case, the application of the penalty provided for in paragraph 2 of article 48 for a period not exceeding ten years if the offence was serious, or five if it were less severe, without prejudice to the provisions of the second paragraph of the previous section.

3. also they may be imposed the prohibitions in article 48, for a period of time not exceeding six months, by the Commission of offences referred to in the first subparagraph of paragraph 1 of this article having consideration of minor offences."

Thirty-one. Amending paragraph 2 of article 66, which is worded as follows: "2. in minor crimes and reckless crimes, judges or courts apply penalties to his prudent discretion, without holding to the rules prescribed in the preceding paragraph. '

Thirty-two. The rule is changed 2nd article 66 bis, which is worded as follows: «(2.ª Cuando las penas previstas en las letras c) g) of paragraph 7 of article 33 are imposed with a limited duration, this must not exceed the maximum duration of the deprivation of liberty provided for the case that the offence was committed by individual.»

For the imposition of the sanctions provided for in the letters c) g) for a period exceeding two years will need to be given one of the following two circumstances: to) that the legal person is recurrent.

(b) the legal person use it instrumentally for the Commission of criminal offences. Means you are in the latter case provided that the legal activity of the legal person is less relevant than his illegal activity.

When the liability of the legal person, in the cases provided for in (b)) of paragraph 1 of article 31 bis, resulting from a breach of the duties of supervision, surveillance and control that does not have a serious nature, these sentences will have a maximum duration of two years in any case.

For the taxation on a permanent basis of the sanctions provided for in the letters b) and e), and the imposition by a period exceeding five years provided for in the letters e) and f) of paragraph 7 of article 33, it will need to be given one of the two following circumstances: to) that is before the so-called indeed provided for in rule 5th paragraph 1 of article 66.

(b) the legal person use it instrumentally for the Commission of criminal offences. Means you are in the latter case provided that the legal activity of the legal person is less relevant than his illegal activity."

Thirty-three. Added a paragraph 4 to article 70 with the following wording: «4. lower grade than the permanent prison sentence is imprisonment of twenty to thirty years. "

Thirty-four. Amending article 71, which is worded as follows: ' 1. in the determination of the lower grade penalty, judges or courts will not be limited by the minimum amounts laid down in the law to every kind of grief, but it may reduce them in the form that results from the application of the rule. "

«2. However, when by application of them rules previous appropriate impose a penalty of prison lower to three months, this will be in all case replaced by fine, works in benefit of the community, or location permanent, although the law not provides for these penalties for the crime of that is concerned, replacing is each day of prison by two quotas of fine or by a day of work or by a day of location permanent.»

Thirty and five. (Is introduces a new letter e) in the paragraph 1 and is modifies the paragraph 2 of the article 76, with the following drafting: «(e) when the subject has been condemned by two or more offences and, at least, one of them is punished by the law with penalty of prison permanent reviewable, is will be to it willing in them articles 92 and 78 bis.» «» 2. the limitation shall apply even if penalties have been imposed in different processes when they were by acts committed prior to the date they were tried that being accumulation, would have been first.»


Thirty and six. Amending article 77, which is worded as follows: ' 1. the provisions of the preceding two articles does not apply in the event that a single fact constitute two or more offences, or when one of them is means necessary to commit the other.»

2. in the first case, applies in its upper half the penalty provided for the more serious offence, without that it does not exceed that represent the sum that would be applied if violations call separately. When it pays so computed to exceed this limit, the infractions will be sanctioned individually.

3. in the second, a higher penalty would have corresponded to which, in the specific case, for the most serious infraction, and that may not exceed the sum of the specific penalties that had been imposed separately for each of the offences shall be imposed. Within these limits, the judge or court bears the penalty in accordance with the criteria expressed in article 66. In any case, the penalty imposed may not exceed duration limit laid down in the previous article.»

Thirty and seven. Paragraph 3 of article 78 shall be deleted, and amending paragraph 2, which is drawn up in the following way: «2. in these cases, the judge of surveillance, prior individualized and favorable prognosis of social reintegration and valued, where appropriate, the personal circumstances of the defendant and the evolution of the reeducador treatment, may agree reasonably, hearing the public prosecutor, correctional institutions and other parties» , the application of the regime general of compliance.

If you were offences relating to terrorist groups and organizations and terrorist offences of Chapter VII of title XXII of book II of this code, or committed in the bosom of criminal organizations, and according to the sum total of the penalties imposed, the former possibility shall only apply: to) to third grade prison, where he is to meet one-fifth of the maximum limit of the sentence.

«(b) to the freedom conditional, when is by meet an eighth part of the limit maximum of compliance of it condemns.»

Thirty-eight. It introduces a new article 78 bis, with the following wording: from a minimum of 18 years in prison, when the punishable has been for several crimes» one of them is punished with permanent imprisonment reviewable and the rest of the imposed sentences join a total exceeding five years.

(b) for a minimum of 20 years in prison, when the punishable has been for several offences, one of them is punished with permanent imprisonment reviewable and the rest of the imposed sentences join a total exceeding fifteen years.

(c) for a minimum of twenty-two years in prison, when the punishable has been for various offences and two or more than they are punishable with a revisable permanent imprisonment, either one of them is punished with a penalty of revisable permanent imprisonment and other penalties imposed added a total of twenty-five years or more.

(((2. in these cases, the suspension of the execution of the rest of the penalty will require that the punishable has extinguished: to) a minimum of twenty-five years of prison, in them supposed to which is refer them lyrics to) and b) of the paragraph previous.

b) a minimum of 30 years in prison in the letter c) of the preceding paragraph.

3 if it were offences relating to terrorist groups and organizations and terrorist offences of Chapter VII of title XXII of book II of this code, or committed in the bosom of criminal organizations, the minimum limits of compliance for access to the third level of classification will be twenty-four years in prison, in the cases referred to in letters a) and b) of the section first (, and of thirty and two years of imprisonment in the of the letter c) of the paragraph first.

"((In these cases, the suspension of the execution of the rest of the sentence will require that the punishable extinguished a minimum of twenty-eight years in prison, in the event that the lyrics refer a) and b) of the first paragraph, and thirty-five years in prison in the letter b) of the first paragraph."

Thirty-nine. Amending article 80, with the following wording: «1. judges or courts, by a reasoned ruling, may leave suspended the execution of the custodial sentences not exceeding two years where it is reasonable hope that the execution of the penalty is not needed to prevent the future Commission by the punishable of new crimes.»

To adopt this resolution, the judge or tribunal be assessed the circumstances of the offence committed, the personal circumstances of the punishable, his background, his conduct after the fact, in particular its effort to repair the damage caused, social and family circumstances, and the effects that expected suspension of implementation and compliance with the measures to be imposed.

2 will be necessary conditions to put on hold the execution of the penalty, the following: 1 that the convicted person has offence for the first time. For this purpose shall not be taken into account previous convictions for careless crimes or misdemeanours or criminal records that have been canceled, or should be pursuant to the provisions of article 136. Nor criminal records for offences which, by its nature or circumstances, lack of relevance to assess the probability of future offences shall be taken into account.

2nd the penalty or the sum of the imposed does not exceed two years, excluding the derivative of the non-payment of the fine in such computation.

3rd who will have fulfilled civil responsibilities that have originated and been cash forfeiture agreed in ruling in accordance with article 127.

This requirement shall be deemed fulfilled when the punishable assume commitment to satisfy the civil responsibilities according to their economic capacity and facilitate the forfeiture agreed, and is reasonable to expect that it will be met in a reasonable period of time to be determined by the judge or court. The judge or court, attention to the scope of civil liability and the social impact of the crime, may request the guarantees it deems appropriate to ensure compliance.

3. exceptionally, while the 1st and 2nd of the above conditions are not fulfilled, and provided that it is not habitual offenders, you can remember suspension of prison sentences which individually do not exceed two years when the personal circumstances of the defendant, the nature of the fact, his conduct and, in particular, the effort to repair the damage caused, so advise it.

In these cases, the suspension condition always the effective redress of damage or compensation for damage in accordance with their physical and economic possibilities, or the fulfillment of the agreement referred to in article 84 1st measure. In addition, shall be always one of the measures referred to in paragraphs 2nd or 3rd of the same precept, with an extension which may not be less than that resulting from applying the conversion criteria laid down in the same about one-fifth of the penalty imposed.

4. the judges and courts may grant the suspension of any sentence without subjection to any requirement in the case that the punishable is suffering from a very serious disease with incurable illnesses, unless at the time of the Commission of the offence I already had another penalty suspended for the same reason.

5 even though the conditions laid down in paragraph 2 of this article 1st and 2nd are not fulfilled, the judge or court may agree suspension of execution of the custodial sentences not exceeding five years from the convicts who had committed the crime because of their dependence on substances indicated in the paragraph 2 of article 20 always to be sufficiently, for Center or public or private service duly accredited or approved certify, that the convicted person is deshabituado or undergoing treatment for this purpose at the time of deciding on the suspension.

The judge or court may order carrying out the necessary checks to verify compliance with the above requirements.

In the case that the convicted person is subjected to treatment of addiction, is also conditioned the suspension of the execution of the sentence to not abandon the treatment until its completion. Not be construed as abandonment relapses in the treatment if these do not demonstrate a definitive abandonment of the treatment of addiction.

6. on offences that can only be pursued complaint or complaint of the injured party, judges and courts will hear this and, in his case, who represents you, before granting the benefits of the suspension of the execution of the penalty.»

Forty. Amending article 81, which is worded as follows: "the period of suspension shall be two to five years for the disqualifications of freedom no more than two years, and from three months to one year for minor penalties, and shall be fixed by the judge or court, addressed the criteria expressed in the second paragraph of paragraph 1 of article 80.»

In the case that the suspension had been agreed upon in accordance with the provisions of paragraph 5 of the preceding article, the period of suspension shall be three to five years.»

Forty-one. Amending article 82, which is worded as follows:


«1. the judge or court will resolve in ruling on the suspension of the execution of the penalty provided that it is possible.» In other cases, once declared the firmness of the decision, it shall act with the utmost urgency, after hearing the parties, on the granting or not of the suspension of the execution of the penalty.

2. the period of suspension shall be calculated from the date of the resolution according to it. If the suspension had been agreed in judgment, the period of the suspension will be calculated from the date on which one has become firm.

Not be counted as a period of suspension that one in which the punished had remained in a situation of rebellion.»

Forty and two. Amending article 83, which is drawn up in the following way: «1. the judge or court may condition the suspension to the fulfillment of the following prohibitions and duties when it is necessary to avoid the danger of new offences, unless they can impose duties and obligations arising excessive and disproportionate: 1st ban on approaching the victim or those of relatives or other persons to be determined by the judge or court» their homes, their places of work or other places usually frequented by them, or communicate with them by any means. The imposition of this prohibition shall be always communicated to persons in relation to which it is agreed.

2 prohibition of establishing contact with certain persons or members of a particular group, when there is an indication that allow founded assume that such subjects can provide the chance to commit new crimes or encourage you to do so.

3rd keep their place of residence in a place determined with ban on leave or temporarily absent without authorization of the judge or court.

4th prohibition to reside in a particular place or come to it, when they can find the occasion or reason to commit new crimes.

5th appear personally with the periodicity that is determined before the judge or court, dependencies police or service of the Administration that is determine, to inform of their activities and justify them.

6th to participate in educational, occupational, cultural, education programs road, sexual, defence of the environment, protection of animals, equal treatment and non-discrimination, and other similar.

7 participate in programs of addiction to the consumption of alcohol, drugs toxic or substances narcotic, or of treatment of others behaviour addictive.

8th prohibition of driving motor vehicles that do not have technological devices that determine its on or check of the physical conditions of the driver operation, when the subject has been convicted for an offence against the road safety and the measure is necessary to prevent the possible Commission of new crimes.

9 meet them other duties that the judge or court deems suitable for the rehabilitation social of the punishable, prior conformity of this, whenever not threaten against his dignity as person.

2. in the case of crimes committed on women who is or has been your spouse, or by anyone who is or has been connected to it by a similar relationship of affection, even without living together, always imposed prohibitions and duties stated in the 1st, 4th and 6th of the above rules.

3. the imposition of any of the prohibitions or duties of them rules 1st, 2nd, 3rd, or 4th of the paragraph 1 of this article will be communicated to them forces and bodies of security of the State, that shall ensure by their compliance. Any possible breach or circumstances relevant for assessing the dangerousness of the punishable and the possibility of future Commission of new crimes, shall be immediately communicated to the public prosecutor's Office and to the Court of execution.

4. the control of the fulfillment of the duties referred to in the rules, 6th, 7th and 8th of the paragraph 1 of this article corresponds to penalties and alternative measures of the prison administration management services. These services shall report to the Court of execution on compliance with a periodicity of at least quarterly, in the case of the rules, 6th and 8th, and bi-annually, in the case of the 7th and, in any case, to its conclusion.

«Also, inform immediately of any circumstance relevant for rating the endangerment of the punishable and the possibility of Commission future of new crimes, as well as of them breaches of the obligation imposed or of its compliance effective.»

Forty-three. Amending article 84, which is worded as follows: ' 1. the judge or court may also condition the suspension of the execution of the penalty to the fulfillment of one or more of the following features or measures: 1 the implementation of the agreement reached by the parties pursuant to mediation.»

2nd payment of a fine, which will determine the judge or court in the circumstances of the case, which may not be higher than which is applied two quotas of fine for each day of imprisonment on a maximum of two-thirds of its length.

3rd work in benefit of the community, especially when appropriate as a form of symbolic reparation in view of the circumstances of the fact and of the author. The duration of this provision of works is will determine by the judge or court in attention to the circumstances of the case, without can exceed of which is of compute a day of works by each day of prison on a limit maximum of two thirds of its duration.

2. If it had been a crime committed on women by who is or has been your spouse, or anyone who is or has been connected to it by a similar relationship of affection, even without cohabitation, or descendants, ascendants or by nature, adoption or affinity brothers own or of the spouse or cohabitant, or children or people with disabilities need special protection that live together or who are subject to the authority, guardianship, curatorship, foster care or guardian in fact the spouse or cohabitant, the fine referred to in measure 2 of the previous section only may be imposed when record credited that among them there are economic relations resulting from a conjugal relationship, cohabitation or affiliation, or the existence of a common descent.»

Forty-four. Amending Article 85, which is worded as follows: "during the time of suspension of the sentence, and in view of the possible modification of the valued circumstances, the judge or court may modify the decision which had previously adopted under articles 83 and 84, and agree to hoist all or any of the prohibitions, duties or benefits which would have been agreed» its modification or replacement by others which are less onerous."

Forty and five. Is modifies the article 86, that is with the following content: «(1. the judge or Court revoke the suspension and will order the execution of the penalty when the punishable: to) is condemned by a crime committed during the period of suspension and this put of manifesto that it expectation in which is laid the Foundation of the decision of suspension adopted already not can be maintained.»

(b) fails to comply with of form serious or repeated them prohibitions and duties that you had been taxes according to the article 83, or is subtract to the control of the services of management of penalties and measures alternative of the Administration prison.

(c) breaches of form serious or repeated the conditions that, for the suspension, had been imposed according to the article 84.

(d) facilitates information inaccurate or insufficient about the whereabouts of goods or objects whose seizure had been agreed; failing to carry a commitment to payment of civil responsibilities that had been sentenced, except that it lacked economic capacity to do so. or provide inaccurate or insufficient information about their heritage, in breach of the obligation imposed in article 589 of the code of Civil Procedure Act.

2 If the breach of the prohibitions, duties or conditions not had serious or repeated nature, the judge or court may: to) impose on the punished new prohibitions, duties or conditions, or modify those already imposed.

(b) extend the period of suspension, unless in any case it does not exceed half of the duration of that had been initially set.

3. in the case of revocation of the suspension, the expenses that had been the punished to repair the damage caused by the offence under paragraph 1 of article 84 will be not returned. However, the judge or court shall pay the penalty payments and the provision of work that had been carried out or completed in accordance with the 2nd and 3rd 4 measures. In all previous cases, the judge or court shall after having heard the Prosecutor and all other parties. However, may revoke the suspension of the execution of the sentence and order the immediate entry of the punished in prison when it is essential to avoid the risk of criminal re-offending, risk of escape of the punishable or ensure the protection of the victim.

The judge or court may agree realization proceedings of verification that necessary and remember holding a hearing when it considers necessary to resolve.'

Forty-six. Amending article 87, which is worded as follows:


«1. elapsed the term of suspension set without have committed the subject a crime that put of manifesto that the expectation in which is laid the Foundation of the decision of suspension adopted already not can be maintained, and fulfilled of form enough them rules of conduct fixed by the judge or court, this agreed the remission of the penalty.»

2. However, to arrange for remission of the penalty which had been suspended in accordance with paragraph 5 of article 80, the cessation of the subject or the continuity of the treatment must be credited. Of it contrary, the judge or court will order their compliance, unless, ears them reports corresponding, deems necessary the continuation of the treatment; in such a case may be granted reasoned an extension of the period of suspension for a time not exceeding two years.»

Forty-seven. It suppresses the article 88.

Forty-eight. Is modifies the article 89, that is drafted of the following mode: «1. the penalties of prison of more than one year imposed to a citizen overseas will be replaced by their expulsion of the territory Spanish.» Exceptionally, when necessary to ensure the defense of the rule of law and restore confidence in the validity of the rule violated by crime, the judge or court may agree execution part of the penalty which shall not exceed two-thirds of its extent, and the replacement of the rest by the expulsion of the punishable Spanish territory. In all case, is replaced the rest of the penalty by the expulsion of the punished of the territory Spanish when that access to the third grade or you is granted the freedom conditional.

2 when it would have imposed a sentence of more than five years in prison, or several sentences that exceed this duration, the judge or court agreed the execution of all or part of the penalty, insofar as it is necessary to ensure the defense of the rule of law and restore confidence in the validity of the rule violated by crime. In these cases, is replaced the execution of the rest of the penalty by the expulsion of the punishable of the territory Spanish, when the punishable meets it part of the penalty that is had determined, access to the third grade or is you grant it freedom conditional.

3. the judge or Court resolve in ruling on the replacement of the execution of the penalty provided that it is possible. In other cases, once declared the firmness of the decision, it shall act with the utmost urgency, after hearing the Prosecutor and to the other parties, on the granting or not of the replacement of the execution of the penalty.

4 shall be replaced when, in view of the circumstances of the fact and the staffs of the author, in particular their roots in Spain, the expulsion is disproportionate.

The expulsion of a citizen of the European Union will only proceed when it represents a serious threat to public order or public security in attention to the nature, circumstances and gravity of the offence committed, their backgrounds and personal circumstances.

(If had resided in Spain during them ten years previous will proceed it expulsion when also: to) had been condemned by one or more crimes against the life, freedom, integrity physical and freedom and indemnity sexual punished with penalty maximum of prison of more than five years and is appreciate founded a risk serious of that can commit crimes of the same nature.

(b) had been condemned by one or more crimes of terrorism or other crimes committed in the breast of a group u organization criminal.

In these cases will be in case of application the provisions of paragraph 2 of this article.

5. the foreigner may not return to Spain within a period of five to ten years, counted from the date of their expulsion, served the duration of the substituted penalty and the personal circumstances of the punished.

6. the expulsion shall entail the file of any administrative procedure which had for object the permission to reside or work in Spain.

7. If the foreign expelled returned to Spain before elapse the period of time established judicially, will meet them penalties that were replaced, unless, exceptionally, the judge or court, reduce its duration when its compliance is unnecessary for ensure the defense of the order legal and reset it confidence in it standard legal violated by the crime, in attention to the time elapsed from it expulsion and them circumstances in which is has produced its breach.

However, if it were surprised at the border, it will be banned directly by the governing authority, beginning to compute over the term of prohibition of entry in its entirety.

8 when, to remember the expulsion in any of the cases referred to in this article, the foreigner is not or is not effectively deprived of freedom in execution of the sentence, the judge or court may decide, in order to ensure the expulsion, his admission to a detention centre for foreigners, in the terms and with the limits and guarantees provided for in the law for the administrative expulsion.

In any case, if agreed upon replacement of the custodial sentence by the expulsion, is not could take effect, will proceed to the execution of the penalty originally imposed or the period of sentence pending, or to the application, where appropriate, the suspension of the execution of the same.

9. do not will be replaced the penalties that had been imposed by the Commission of the offences referred to in the articles 177 bis, 312, 313 and 318 bis.»

Forty-nine. Amending article 90, which is worded as follows: that is rated in third grade. "

(b) that it extinguished the three-quarters of the penalty imposed.

(c) that you have observed conduct.

To resolve on the suspension of the execution of the remainder of punishment and grant probation, prison supervision judge will assess the personality of the punished, their history, the circumstances of the offence committed, the relevance of the legal goods that could be affected by a reiteration in the crime, his conduct during the fulfilment of the penalty, social and family circumstances and the effects that expected suspension of execution and the compliance with measures that may be imposed.

The suspension shall not be granted if the punished had not satisfied the civil liability for the offence in the cases and in accordance with the criteria established by paragraphs 5 and 6 of article 72 of the organic law 1/1979 of 26 September, General Penitentiary.

2 can also remember suspension of execution from the rest of the sentence and grant probation to the convicts who meet the following requirements: to) that have become extinct two-thirds part of his sentence.

(b) that during the compliance of its penalty have developed activities labour, cultural u occupational, good form continued, well with a use of which is has derived a modification relevant and Pro of those of their circumstances personal related with its activity criminal prior.

(c) certifying compliance with the requirements referred to in the preceding paragraph, except for the of have extinguished three fourth parts of his conviction.

A proposal from prisons and report of the public prosecutor's Office and other parties, fulfilled the circumstances of letters to)) and (c) of the preceding paragraph, penitentiary surveillance judge may advance, extinguished once half of the sentence, the granting of probation in relation to the deadline in the previous paragraph, up to a maximum of ninety days for each year of effective enforcement of sentence. This measure will require that the punishable has developed continuously the activities referred to in point (b)) of this section and that accredits, in addition, effective and favourable participation in service to victims or programs of treatment or detoxification, if necessary.

3 exceptionally, prison supervision judge may agree suspension of execution of the rest of the penalty and grant probation to the convicts, which comply with the following requirements: to) who are serving their first sentence of prison and that this does not exceed the three-year duration.

(b) that have been extinguished half of his sentence.

(c () certifying compliance with the requirements referred to in paragraph 1, unless the have extinguished three quarters of his sentence, as well as the regulated in the letter b) of the preceding paragraph.

This regime shall not apply to the convicts who have been by the Commission of an offence against sexual freedom and indemnity.

4. the prison supervision judge may refuse the suspension of the execution of the rest of the penalty when the punishable had given inaccurate or insufficient information about the whereabouts of goods or objects whose seizure had been agreed; failing to carry according to their capacity to the commitment to payment of civil responsibilities that had been sentenced; or provide inaccurate or insufficient information about their heritage, in breach of the obligation imposed in article 589 of the code of Civil Procedure Act.


You can also refuse the suspension of the execution of the rest of the sentence for any of the offences envisaged in the 19TH title of book II of this code, when the punishable has eluded the fulfillment of monetary liabilities or repairing the economic damage caused to the administration which has been sentenced.

5. in them cases of suspension of the execution of the rest of the penalty and concession of the freedom conditional, will be applicable them standards contained in them articles 83, 86 and 87.

Judge prison surveillance, in view of the possible modification of the valued circumstances, can modify the decision which had been previously adopted in accordance with article 83, and agree to imposing new prohibitions, duties or benefits, the modification of which had already been agreed, or hoist them.

Also, prison supervision judge revoke the suspension of the execution of the rest of the sentence and granted conditional freedom when you put a change of circumstances which had given rise to the suspension which do not allow to maintain already the prognosis of lack of dangerousness on which the decision was based.

The term of suspension of the execution of the rest of the penalty will be of two to five years. In any case, the suspension of execution and parole period may not be less than the length of the part of pending compliance penalty. The period of suspension and probation will be calculated from the date of release of the punished.

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

7. the judge of surveillance prison will solve of trade on the suspension of the execution of the rest of the penalty and concession of the freedom conditional to request of the punished. In the event that the request was not estimated, the judge or court may set a period of six months, which may accordingly be extended to one year, until the claim can be raised again.

8. for people convicted by crimes committed in the breast of organizations criminal or by any of them crimes regulated in the chapter VII of the title XXII of the book II of this code, the suspension of the execution of the rest of it penalty imposed and concession of it freedom conditional requires that the punishable displayed signs unequivocal of have abandoned them purposes and them media of it activity terrorist and has collaborated actively with them authorities , to prevent the production of other crimes by the organization or terrorist group, well to mitigate the effects of their crime, or for the identification, capture and processing of perpetrators of terrorist crimes, to obtain evidence or to prevent the action or the development of organizations or associations which belonged or that has worked , what may accredit is through a statement express of repudiation of their activities criminal and of abandonment of the violence and a request express of forgiveness to them victims of his crime, as well as by them reports technical that prove that the prisoner is really disengaged of it organization terrorist and of the environment and activities of associations and collective illegal that it surround and its collaboration with them authorities.

Paragraphs 2 and 3 shall not apply to persons convicted for crimes committed in the heart of criminal organizations or the Commission of any of the offences covered in Chapter VII of title XXII of book II of this code. "

Fifty. Amending article 91, which happens to have the following content: «1. Notwithstanding provisions of the previous article, the convicts who had reached the age of seventy years, or meet her during the extinction of the sentence, and meet the requirements in the preceding article, except the have become extinct three-fourths of that, two-thirds parties or» , in your case, it half of it condemns, may get it suspension of the execution of the rest of the penalty and the concession of it freedom conditional.

The same criteria will apply when in the case of very seriously ill with incurable diseases, and is thus credited after the practice of the medical reports which, at the discretion of the prison surveillance judge, may be necessary.

2 comprised the prison administration that the inmate is in any of the cases provided for in the preceding paragraphs, it will increase the record of probation, with the urgency that the case requires, to prison supervision judge, who, in resolving it, will assess together with the personal circumstances the difficulty to commit a crime and little danger of the subject.

3 If the danger to the life of the inmate, because of his illness or his advanced age, patent, thus being accredited by the opinion of the coroner and the healthcare of the penitentiary establishment, the judge or court may, without need that is certifying compliance with any other requirement and assessed the lack of dangerousness of the punished agree suspension of execution from the rest of the sentence and grant probation without further formality that require prison the report's final prognosis in order to make the assessment referred to in the preceding paragraph.

In this case, the punishable will be forced to facilitate to the service medical prison, to the medical forensic, or to that other that is determine by the judge or court, the information necessary for power rating on the evolution of his disease.

It breach of this obligation may give place to the revocation of the suspension of the execution and of the freedom conditional.

4 are applicable to the so-called regulated in this article the provisions contained in paragraphs 4, 5 and 6 of the preceding article."

Fifty-one. Amending article 92, which is drawn up as follows: «(1. El tribunal acordará la suspensión de la ejecución de la pena de prisión permanente revisable cuando se cumplan los siguientes requisitos: a) who the punishable has reached twenty-five years of his sentence, without prejudice to the provisions of article 78 bis for cases regulated in it.»

(b) to be rated in third grade.

(c) that the tribunal, in view of the personality of the punished, their background, the circumstances of the offence committed, the relevance of the legal goods that could be affected by a reiteration in crime, their conduct during the fulfillment of worthwhile social and family circumstances, and what effects they expected suspension of implementation and compliance with the measures to be imposed You can be found, prior assessment of evolution reports forwarded by the penitentiary and those specialists the Court determined, the existence of a favorable prognosis of social reintegration.

(In the event that the punishable it had been by several crimes, the examination of them requirements to is concerns the letter c) is will be valuing in its joint all them crimes committed.

The Court shall decide on the suspension of revisable permanent imprisonment after a contradictory oral proceedings which engage the public prosecutor and the punished, assisted by his lawyer.

2 if it were offences relating to terrorist groups and organizations and terrorist offences of Chapter VII of title XXII of book II of this code, shall be also required that the punishable shows unmistakable signs of having abandoned the purposes and the means of terrorist activity and has collaborated actively with the authorities, to prevent the production of other crimes by the organization or terrorist group , well to mitigate the effects of their crime, or for the identification, capture and processing of perpetrators of terrorist crimes, to obtain evidence or to prevent the action or the development of organizations or associations which belonged or that has worked, that may be established by a Declaration expresses repudiation of their criminal activities and abandonment of violence and a request expressed forgiveness to the victims of his crime , as well as by reports technical that they prove that the prisoner is really disconnected the terrorist organization and the environment and activities of associations and collective illegal that surround it and its cooperation with the authorities.

3. the suspension of the operation will last from five to ten years. The period of suspension and probation will be calculated from the date of release of the punished. Apply the rules laid down in the second subparagraph of paragraph 1 of article 80 and 83, 86, 87 and 91 articles.

He judge or court, to the view of the possible modification of them circumstances valued, may modify the decision that previously had adopted according to the article 83, and agree the imposition of new prohibitions, duties or benefits, the modification of which already had been agreed, or the hoist of them same.

Also, prison supervision judge revoke the suspension of the execution of the rest of the sentence and granted conditional freedom when you put a change of circumstances which had given rise to the suspension which do not allow to maintain already the prognosis of lack of dangerousness on which the decision was based.


(4. extinguished it part of it condemns to is concerns the letter to) of the paragraph 1 of this article or, in its case, in the article 78 bis, the Court must verify, unless each two years, the compliance of the rest of requirements of it freedom conditional. «The Court will also resolve requests for grant of parole of the punished, but may set a deadline of up to one year within which, after having been rejected a request, will not be course when their new applications.»

Fifty and two. Article 93 shall be deleted.

Fifty and three. Added a new article 94 bis, with the following wording: «For the purposes provided in this chapter, the firm of judges or courts sentences imposed in other States of the European Union will have the same value as those imposed by judges or Spanish courts except that his record had been cancelled, or could be under Spanish law.»

Fifty-four. Amending the heading of title V of book I, which happens to be called: "TITLE V. «Of the responsibility civil derived of those crimes and of the coasts procedural.»

Fifty-five. Amending paragraph 1 of article 109, which is worded as follows: ' 1. the execution of a fact described by the law as crime requires repair, in the terms provided for in the laws, harms and damages it caused. "

Fifty-six. Amending paragraph 1 of article 111, which is worded as follows: ' 1. must be restored, whenever possible, the same good, with payment of any damage and damage to the judge or court determined.» «The restitution will have place although the well is halle in power of third and this it has acquired legally and of good faith, leaving to except your right of repetition against who appropriate and, in his case, the of be indemnified by the responsible civil of the crime.»

Fifty-seven. Is modifies the paragraph 1 of the article 116, that is drafted as follows: "1. all person criminally responsible of a crime it is also civilly if of the made is has damage or damages.» «If two or more the responsible for a crime judges or courts will mark the quota that should answer each.»

Fifty-eight. Is modifies the article 120, that is drafted with the following tenor: «are also responsible civilly, in defect of which it are criminally: 1 them parents or tutors, by them damage and damages caused by them crimes committed by them greater of eighteen years subject to his homeland authority or guardianship and that live in your company, whenever has by its part blames or negligence.»

2nd natural persons or legal owners of publishing houses, newspapers, magazines, stations of radio or television or any other means of written, spoken or visual, broadcasting for the crimes committed using means that are owners, leaving a except as provided in article 212.

3 natural or legal persons in cases of crimes committed in institutions which are holders, when by the managers or managers, or their dependents or employees, have violated police regulations or the provisions of the authority that are related to the made punishable role, so that this had not occurred without such infringement.

4th them people natural or legal dedicated to any genre of industry or trade, by those crimes that have committed their employees or dependent, representatives or managers in the performance of their obligations or services.

5 natural persons or legal owners of vehicles likely to create risks for third parties, for the crimes committed in the use of those by subsidiaries or representatives or authorized persons.»

Fifty-nine. Amending article 122, which is worded as follows: "by lucrative title has participated from the effects of a crime, is bound to the restitution of the thing or compensation for the damage up to the amount of their participation."

Sixty. Amending article 123, which is worded as follows: «the costs imposed by law means those criminally responsible for any offence. "

Sixty-one. Amending article 127, which is drawn up in the following way: «1. punishment imposed for an intentional offence shall entail loss of the effects arising from it goods, means or instruments that has been prepared or executed, and gains from crime, any that are the transformations that have been able to experience. "

2. in them cases in that the law provides for the imposition of a penalty custodial of freedom top to a year by the Commission of a crime reckless, the judge or court may agree it loss of them effects that come of the same and of them goods, media or instruments with that is has prepared or executed, as well as of them gains from of the crime any are transformations that had been able to experience.

3. If by any circumstance not out possible the confiscation of them goods designated in them paragraphs earlier of this article, is agreed the confiscation of others goods by a quantity that corresponds to the value economic of them themselves, and to the of them gains that is had retrieved of them. «Similarly will proceed when the forfeiture agreed goods, certain effects or profits, but its value is lower than what it was at the time of purchase.»

Sixty-two. Gets an article 127 bis, which happens to have the following content: «1. the judge or court also ordered the confiscation of goods, effects and gains belonging to a person convicted of any of the following offences when he resolved, from well-founded objective signs, goods or effects from a criminal activity, and not proving their lawful origin» (: a) crimes of trafficking in human beings.

(b) offences relating to the prostitution and to the exploitation sexual and corruption of minor and crimes of abuse and assaults sexual to minor of sixteen years.

(c) offences computer of those paragraphs 2 and 3 of the article 197 and article 264.

(d) crimes against the heritage and against the order socio-economic in the assumptions of continuity criminal and recidivism.

(e) offences relating to punishable insolvencies.

(f) offences against the property intellectual or industrial.

(g) offences of corruption in the business.

(h) crimes of receiving stolen goods from the paragraph 2 of the article 298.

(i) offences of laundering of capital.

(j) offences against the Hacienda public and it security Social.

(k) crimes against the rights of the workers of them articles 311 to 313.

(l) crimes against the rights of those citizens foreigners.

(m) crimes against the health public of those articles 368 to 373.

n) crimes of counterfeiting currency.

(o) offences of bribery.

(p) crimes of embezzlement.

(q) crimes of terrorism.

(r) crimes committed at the heart of an organization or criminal group.

2. for the purposes of the provisions of paragraph 1 of this article, will be valued, especially, among others, the following indications: 1 the disproportion between the value of the goods and effects concerned and the proceeds of lawful origin of the convicted person.

2. the concealment of the ownership or any power of disposal over the goods or effects using interposed entities without legal personality, or natural or legal persons, tax havens or territories of null taxation that hide or hinder the determination of the true ownership of the goods.

3rd transfer goods or effects through operations that hinder or prevent its location or destination and lack of a legal or economic justification.

3. in these assumptions will be also applicable it willing in the paragraph 3 of the article above.

4. If subsequently the condemned it out by made criminal similar committed with previously, the judge or court will assess the scope of the seizure earlier agreed to the resolve on the confiscation in the new procedure.

«5. the confiscation to is concerns this article not will be agreed when the activities criminal of which come them goods or effects had prescribed or had been already object of a process criminal determined by sentence acquittal or resolution of dismissal with effects of thing judged.»

Sixty and three. Added an article 127 ter, which is drawn up as follows: that the subject has died or suffers a chronic disease that prevents his prosecution and there is a risk that could prescribe the facts» (b) is in default and this prevents that the facts can be prosecuted within a reasonable period, or c) is not imposed penalty be exempt from criminal responsibility or being is extinguished.

2. the confiscation to which this article refers only may write against who has been formally charged or against the accused with respect that there are rational indications of criminality when the situations referred to in the preceding paragraph would have prevented the continuation of the criminal proceedings."

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


«(1. them judges and courts may agree also the confiscation of them goods, effects and gains to is refer them articles earlier that have been transferred to third people, or of a value equivalent to them same, in them following cases: to) for them effects and gains, when them had acquired with knowledge of that come of an activity illicit or when a person diligent would have had reasons to suspect» , in the circumstances of the case, of his origin unlawful.

(b) in the case of other goods, when they had acquired them with knowledge so hindered its confiscation or when a diligent person would have had reasons to suspect, in the circumstances of the case, which thus is made difficult its confiscation.

2 it shall be presumed, unless there is evidence to the contrary, that the third has known or had reason to suspect that it was goods from an illegal activity or that they were transferred to avoid its seizure, when the goods or effects had been transferred you free of charge or for a price lower than the real market.»

Sixty-five. Added an article 127 d, with the following wording: the subject is or has been convicted of any of the offences referred to in article 127 bis.1 from the criminal code.»

(b) that the offence has been committed in the context of prior criminal activity continued.

(c) that there are signs founded of that a part relevant of the heritage of the punishable comes of an activity criminal prior.

They are relevant evidence: 1 the disproportion between the value of the goods and effects concerned and the proceeds of lawful origin of the convicted person.

2nd it concealment of it ownership or of any power of available on them goods or effects through it use of people physical or legal or entities without personality legal interposed, or havens tax or territories of null taxation that hide or hinder the determination of the true ownership of them goods.

3rd transfer goods or effects through operations that hinder or prevent its location or destination and lack of a legal or economic justification.

It willing in the paragraph above only will be of application when stating signs founded of that the subject has retrieved, starting from its activity criminal, a benefit top to 6,000 euros.

2 a the purpose of the preceding paragraph, means that the offence has been committed in the context of criminal activity provided that continued: to) the subject be condemned or has been convicted in the same proceedings by three or more offences which has been derived obtaining a direct or indirect economic advantage, or a continued crime involving , at least, three violations criminal of which has derived a benefit economic direct or indirect.

(b) or during the six years prior to the time in which began the procedure which has been convicted of any of the offences referred to in article 127 bis of the Penal Code, had been convicted of two or more crimes that would have derived economic benefit obtained, or for a crime continued to include «, at least two criminal offences which has led to obtaining economic benefit.»

Sixty-six. Is introduces an article 127 sexies, that will have the following drafting: «to them effects of it planned in the article earlier will be of application them following presumptions: 1 is presumed that all them goods acquired by the condemned within the period of time that is starts six years before the date of opening of the procedure criminal, come of their activity criminal.»

For these purposes, means that the goods have been acquired in the earliest date stating that the subject has had them.

2nd it shall be presumed that all the expenses incurred by the punishable during the period of time referred to in paragraph first of the previous number, were paid with funds derived from criminal activity.

3rd is presumed that all those goods to is concerns the number 1 were acquired free of charges.

The judge or court may agree that previous assumptions not be applied in relation to certain goods, effects or profits, when, in the specific circumstances of the case, they prove incorrect or disproportionate."

Sixty and seven. Added an article 127 septies, with the following wording: «If the execution of the confiscation not had been able to be performed, in whole or in part, because of the nature or location of goods, effects or loss in question, or for other reasons, the judge or court may, by order, agree the confiscation of other goods , even of lawful origin, belonging to criminally responsible for the fact by a value of the unexecuted part of the initially agreed-upon confiscation.

«Similarly shall, when agreed confiscation of goods, certain effects or profits, but its value is lower than what it was at the time of purchase.»

Sixty-eight. Added an article 127 g, which will have the following wording: «1. in order to ensure the effectiveness of the confiscation, goods, media, instruments and gains may be detained or seized and placed on deposit by the judicial authority from the moment of the first proceedings.»

2 it will be up to the judge or court to resolve, in accordance with the law of Criminal Procedure, on the anticipated realization or temporary use of the goods and effects seized.

3 goods, instruments and gains confiscated by firm resolution, except that they must be intended for compensation to victims, will be awarded to the State, which will give them the destination having legal or regulations.»

Sixty-nine. Amending paragraphs 1 and 2 of article 129, which are written in the following way: «1. in the event of crimes committed in the bosom, with the collaboration, through or by means of companies, organizations, groups, or any other kind of entities or groups of people who, for lack of legal status, are not included in article 31 bis» ((, the judge or court may impose accordingly on these companies, organizations, groups, entities or groups one or more accessory consequences the penalty corresponding to the perpetrator of the crime, with the content referred to in letters c) g) of paragraph 7 of article 33. You can also agree on definitive prohibition to carry out any activity, even if it is lawful.

«2. ancillary consequences that referred to in the preceding paragraph only apply to companies, organizations, groups or entities or groups in it mentioned when it expressly provides for this code, or in the case of any of the offences for which it allows demand criminal responsibility to legal persons.»

Seventy. Added a new article 129 bis with the following wording: «if he is convicted of the Commission of a felony against life, integrity of persons, freedom, liberty or sexual indemnity, terrorism, or any other serious crime involving a risk serious to the life, health or physical integrity of persons , when of them circumstances of the made, background, valuation of your personality, or of another information available can rating is that exists a danger relevant of reiteration criminal, the judge or court may agree it takes of samples biological of his person and the realization of analysis for the obtaining of identifiers of DNA e registration of them same in it database police. Only may carry is to out them analysis necessary to get them identifiers that provide, exclusively, information genetic revealing of the identity of the person and of his sex.

«If the affected is opposed to the collected of them samples, may impose is its execution forced through the resource to them measures coercive minimum indispensable for its execution, that should be in all case provided to them circumstances of the case and respectful with your dignity.»

Seventy-one. Amending paragraphs 3 and 5 of paragraph 1 of article 130, which are written as follows: «3rd by the definitive remission of the penalty, in accordance with the provisions of paragraphs 1 and 2 of article 87.» «» 5 for forgiveness of the victim, when in the case of minor offences prosecutable at the request of the aggrieved or law so provides it. Forgiveness must be expressly granted until judgment, for which purpose the judge or the sentencing court must hear to the victim for the crime before issuing it has given.

In crimes against minors or people with disabilities in need of special protection, the judges or courts, hearing the public prosecutor, may reject the efficacy of the pardon granted by the representatives of those ordering the continuation of the procedure, with the intervention of the public prosecutor's Office, or of the sentence.

To reject the pardon referred to in the preceding paragraph, the judge or court must hear again the representative of the child or person with disability in need of special protection.»

Seventy-two. Amending article 131, which is worded as follows: ' 1. the crimes prescribed:»


Twenty years, when the maximum penalty indicated the offence is imprisonment for fifteen or more years.

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

Ten, when cuando la pena the penalty maximum designated by law is imprisonment or disqualification for more than five years and not to exceed ten.

To them five, them others crimes, except them crimes mild and the offences of libel and slander, that prescribed to the year.

2. when the penalty indicated by law is made, it will be, for the application of the rules contained in this article, which 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, except in article 614-punished, not barred in any case.

They will also prescribe offences of terrorism, if they have caused the death of a person.

4. in cases of competition infringements or related offences, the period of limitation will be which corresponds to the more serious offence.»

Seventy-three. Amending article 132, which is worded as follows: ' 1. the terms referred to in the preceding article are counted from the day on which the punishable offence was committed. " In them cases of crime continued, crime permanent, as well as in them violations that require habitually, such terms is computed, respectively, from the day in that is performed the last infringement, since is eliminated the situation illicit or since ceased the conduct.

In the attempted murder and non-consensual abortion, injury, human trafficking, against freedom, of torture and crimes against morals, sexual freedom and indemnity, the intimacy, the right to self-image and the inviolability of the home, when the victim was under age, the terms will be calculated from the day that this has reached the age of majority , and if it dies before reaching it, the date of the death.

2. the prescription is interrupted, leaving without effect the time elapsed, when the procedure is direct against the person indiciariamente responsible of the crime, starting to run again since is paralyze the procedure or complete without condemns in accordance with them rules following: 1st is means directed the procedure against a person determined from the moment in that, to the brought it cause or with after rendered judicial reasoned ruling in which his alleged involvement in a fact that may be constitutive of the crime be attributed.

2nd however this, the presentation of the complaint or the complaint formulated before a judicial body, which is attributed to a certain person his alleged involvement in a fact that can be crime, suspend the computation of the prescription for a maximum period of six months, counted from the date of filing of the complaint or formulation of the complaint.

If within said term is dictates against the defendant or denounced, or against any another person involved in them made, any of them resolutions judicial mentioned in the rule 1st, the interruption of the prescription is means retroactively produced, to all them effects, in the date of presentation of the complaint or denounces.

On the other hand, the computation of the term of limitation will continue from the date of filing of the complaint or complaint if, within a period of six months, it falls Court ruling sign of rejection as inadmissible the complaint or denunciation admissible or that agreed not to direct the procedure against the person complaint or reported. The continuation of the computation is will produce also if, within said term, the judge of instruction not adopted any of them resolutions provided for in this article.

«3. for the purposes of this article, the person against whom the procedure is directed should be sufficiently determined in the judgment, either through direct identification or data allowing to subsequently realize this identification at the heart of the organization or group of persons to whom is attributed the fact.»

Seventy-four. The current contents of the article 134 paragraph 1 is numbered and added a paragraph 2, with the following wording: «(2. El plazo de prescripción de la pena quedará en suspenso: a) during the period of suspension of the execution of the penalty. "

(b) during the fulfillment of other penalties, when applicable the provisions of article 75.»

Seventy-five. Is modifies the article 136, with the following drafting: «(1. them condemned that have extinguished their responsibility criminal have right to get of the Ministry of Justice, of trade or to instance of part, the cancellation of their background criminal, when have elapsed without have returned to commit them following deadlines: to) six months for them penalties mild.»

(b) two years for penalties not exceeding twelve months, and those imposed for reckless crimes.

(c) three years for the remaining penalties less severe lower to three years.

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

(e) ten years for serious penalties.

2. the time limits referred to in the preceding paragraph will be counted from the day following that in which it would be extinguished the penalty, but if this occurs through conditional remission, the term, once the definitive remission, it counted returning to the day following that on which has been accomplished the penalty if not any enjoyed this benefit. In this case, be taken as the starting date for the computation of the length of the penalty the following day of the granting of the suspension.

3. them penalties imposed to them people legal and them consequences accessory of the article 129 is cancelled in the term that corresponds, in accordance with the rule planned in the paragraph 1 of this article, unless is had agreed the dissolution or the ban final of activities. In these cases, is cancelled the annotations after fifty years computed from the day following to the firmness of the sentence.

4. the inscriptions of criminal records in various sections of the Central Registry of Monterroso and rebels will not be public. Certifications with the limitations and guarantees provided for in its rules and in cases established by law will only be issued during his term. In any case, be waged which request the judges or courts, relating or not to registration cancelled, by expressly stating this last circumstance.

«5. in cases in which, despite meet the requirements set out in this article to delete, this judge or court, there has been, accredited such circumstances, not taken into account these background.»

Seventy and six. Is modifies the article 138, that is drafted of the following mode: «1. which matare to another will be punished, as reo's murder, with the penalty of prison of ten to fifteen years.»

«((2. them made will be punished with the penalty upper in grade in the following cases: to) when concur in its Commission any of them circumstances of the paragraph 1 of the article 140, or b) when them made are also constituent of a crime of attack of the article 550.»

Seventy and seven. Is modifies the article 139, that is drafted of the following mode: «1. will be punished with the penalty of prison of fifteen to twenty-five years, as reo's murder, which kills to another concurring any of them circumstances following: 1st with treachery.»

2nd by price, reward or promise.

3rd with cruelty, deliberate and inhumanely to increase the pain of the victim.

4 to facilitate the Commission of another offence, or to prevent you to discover.

2. when in a murder more than fulfilled one of the conditions provided for in the preceding paragraph, the penalty shall be imposed in its upper half.»

Seventy-eight. Amending article 140, which will have the following wording: «1. murder will be punished with permanent imprisonment reviewable when any of the following circumstances: 1st that the victim is less than sixteen years of age, or in the case of a particularly vulnerable person by reason of age, illness or disability. "

2nd the fact out subsequent to an offence against sexual freedom that the author had committed on the victim.

3rd that the offence has been committed by strength who belongs to a group or criminal organization.

2 be assessed to the accused of murder who had been sentenced for the death of more than two persons revisable permanent imprisonment. «(En este caso, será de aplicación lo dispuesto en la letra b) in (b) and paragraph 1 of article 78 bis) of paragraph 2 of the same article.»

Seventy-nine. It introduces a new article 140 bis, with the following wording: «To those convicted of the Commission of one or more offences covered by this title is les may impose in addition a probation measure.»

Eighty. Amending article 142, which is worded as follows: ' 1. who by negligence causes the death of another, shall be punished as guilty of reckless homicide, with a prison term of one to four years. "

If the reckless killing has been committed using a vehicle engine or a moped, will be also imposed the penalty of deprivation of the right to drive motor vehicles and mopeds from one to six years.


If the reckless killing has been committed using a firearm, will be also imposed the penalty of deprivation of the right to the carrying or possession of firearms by one to six years time.

If the murder has been committed by professional recklessness, also worth of special disqualification for the exercise of the profession, trade or charge will be imposed for a period of three to six years.

2 that least negligence causes the death of another, shall be punished with the penalty of fine of three months to 18 months.

If the murder is had committed using a vehicle to engine or a moped, is may impose also the penalty of deprivation of the right to drive vehicles to engine and mopeds of three to eighteen months.

If the murder has been committed using a firearm, the penalty of deprivation of the right to the carrying or possession of firearms by three to eighteen months may be imposed also.

The offence provided for in this section only shall be prosecuted by complaint of the injured person or his legal representative.'

Eighty-one. Amending article 147, which is worded as follows: ' 1. which, by any means or procedure, causes another injury which his physical integrity or physical or mental health will be punished as guilty of the crime of injury with the penalty of imprisonment from three months to three years or a fine of six to twelve months, provided that the injury objectively requires for your health» , in addition to a first Optional assistance, medical or surgical treatment. It simple surveillance or tracking optional of the course of the injury not be considered treatment medical.

2 which, by any means or procedure, causes another injury not included in the preceding paragraph, shall be punished with the penalty of a fine of one to three months.

3. which doomsday or physically of work to another without cause you injury, shall be punished with the penalty of fine of one to two months.

4. the offences set forth in the two preceding paragraphs only shall be actionable by complaint of the injured person or his legal representative.'

Eighty and two. Is modifies the article 152, that is drafted as follows: «1. which by recklessness serious causare any of them injury planned in them articles earlier will be punished, in attention to the risk created and the result produced: 1 with the penalty of prison of three to six months or fine of six to eighteen months, if is try of them injury of the paragraph 1 of the article 147.»

2nd with imprisonment of one to three years, case of lesions of article 149.

3rd with imprisonment of six months to two years, case of article 150 injuries.

If the facts are committed using a vehicle engine or a moped, will be also imposed the penalty of deprivation of the right to drive motor vehicles and mopeds from one to four years.

If the injury is had caused using a weapon of fire, is imposed also the penalty of deprivation of the right to the porte or holding of weapons by time of one to four years.

If the injury had been committed by professional recklessness, also worth of special disqualification for the exercise of the profession, trade or charge will be imposed for a period of six months to four years.

2 where for less serious recklessness would result in any of the lesions referred to in articles 149 and 150 will be punished with a fine from three months to twelve months.

If the facts are committed using a vehicle engine or a moped, the penalty of deprivation of the right to drive motor vehicles and mopeds from three months to one year may be imposed also.

If the injury had caused by using a firearm, the penalty of deprivation of the right to the carrying or possession of firearms by three months to one year may be imposed also.

«The crime planned in this paragraph only will be prosecuted through denounces of the person aggrieved or of his representative legal.»

Eighty-three. Amending paragraph 1 of article 153, with the following wording: «1. who by any means or procedure it causes to other mental impairment or injury of lesser severity than those referred to in paragraph 2 of article 147, or doomsday or physically work to another without causing injury, when the offended is or has been a wife, or a woman who is or has been connected to it by a similar relation of emotion even without living together» , or particularly vulnerable person who live together with the author, shall be punished with imprisonment of six months to one year or work in benefit of the community of thirty-one to eighty days and, in any case, deprivation of the right to possession and bearing of arms for a year and a day to three years, as well as When the judge or court deems it appropriate to the interests of the minor or person with disability in need of special protection, disabling for the exercise of parental authority, guardianship, conservatorship, guardian or foster care up to five years."

Eighty-four. Amending article 156, which will have the following wording: «Notwithstanding provisions of the previous article, the consent valid, free, aware and expressly issued exempts from criminal liability in cases of organ transplant carried out pursuant to the provisions of the law, sterilizations and transsexual surgery performed by optional, except that the consent has been obtained irregularly , by price or reward, or the licensor either minor or quite lacks ability to provide it, in which case will not be valid the borrowed by them or by their legal representatives.

«Not punishable sterilization agreed by court in the case of people who can not give in any way permanently consent he referred to in the preceding paragraph, provided that in the case of exceptional circumstances that there is serious conflict of legal property protected, in order to safeguard the greatest interest of the affected, all pursuant to the provisions of civil legislation.»

Eighty-five. Added a new article 156 ter, with the following wording: «To those convicted of the Commission of one or more offences covered by this title, when the victim was one of the persons referred to in paragraph 2 of article 173, them may be imposed in addition a probation measure.»

Eighty and six. Amending article 166, which is worded as follows: ' 1. the accused of unlawful detention or kidnapping which do not give reason for the whereabouts of the detained person shall be punishable by a prison term of ten to fifteen years, in the case of illegal detention, and of fifteen to twenty years in the abduction. "

2 the fact shall be liable to a penalty of 15 to 20 years in prison, in the case of unlawful detention, and twenty to twenty-five years in prison on the kidnapping, when any of the following circumstances: to) that the victim was under age or person with disability in need of special protection.

(b) that the author had carried out illegal detention or kidnapping with the intention of infringing the freedom or sexual indemnity of the victim, or had subsequently acted with such purpose.»

Eighty-seven. Amending article 167, which is worded as follows: ' 1. the authority or public official who, outside the cases allowed by the law, and without cause for offense, commits any of the acts described in this chapter shall be punished by penalties respectively provided for therein, at its upper, being able to reach the upper extent.»

2 with the same penalties will be punished: to) the public officer or authority, to mediate or not cause offence, agreed, practicare or prolongare the deprivation of liberty of any and to not recognize that deprivation of freedom or, otherwise, hidden the status or whereabouts of that person by depriving them of their constitutional or legal rights.

(b) the particular that had led to held them made with the authorization, the support or the acquiescence of the State or of its authorities.

«3. in all them cases in which them made to is concerns this article had been committed by authority or official public, is les will impose, in addition, the penalty of disqualification absolute by time of eight to twelve years.»

Eighty and eight. Is adds a paragraph 7 to the article 171, with the following content: «7. out of them cases earlier, that of mode mild threatens to another will be punished with the penalty of fine of one to three months.» This fact can only be prosecuted by complaint of the injured person or his legal representative.

When the victim is any person referred to in paragraph 2 of article 173, the penalty shall be the permanent five to thirty days location, always at home different and away from the victim, or work 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 expressed in paragraph are 2 of article 84. In these cases will not be enforceable the complaint referred to in the preceding paragraph.'

Eighty-nine. Added a paragraph 3 to article 172, with the following content: «3. out of the previous cases, coercion of a minor nature, which causes to another shall be punished with the penalty of a fine of one to three months.» This fact can only be prosecuted by complaint of the injured person or his legal representative.


When the offended is any of them people to which is refers the paragraph 2 of the article 173, the penalty will be the of location permanent of five to thirty days, always in address different and remote of the of the victim, or works in benefit of the community of five to thirty days, or fine of one to four months, this last only in them alleged in which converge them circumstances expressed in the paragraph 2 of the article 84. In these cases will not be enforceable the complaint referred to in the preceding paragraph.'

Ninety. Added an article 172 bis, with the following content: «1. with serious intimidation or violence compeliere another person to enter into marriage shall be punished with imprisonment from six months to three years and six months or a fine of twelve to twenty-four months, depending on the gravity of coercion or the means used. "

2. the same penalty is imposed to who, with the purpose of commit them made to is concerns the paragraph previous, use violence, intimidation serious or deception for force to another to abandon the territory Spanish or to not return to the same.

3. the penalties shall be imposed in its upper half when the victim was under age.»

Ninety and one. It introduces a new article 172 ter, with the following content: «1. shall be punished with imprisonment of three months to two years or fine of six to twenty-four months which harass a person engaged in repeated and insistent way, and without being lawfully authorized, any of the following behaviors and, thus, alter seriously the development of everyday life» : 1st watch it, pursue it or find its physical proximity.

2nd set or attempt to establish contact with it through any means of communication, or by third parties.

3rd through the use abuse of their data personal, purchase products or goods, or hire services, or make that third people is put in contact with it.

4th attempt against their freedom or against his property, or freedom or estate of another person next to her.

If it's a particularly vulnerable person by reason of age, illness or situation, the penalty of imprisonment from six months to two years shall be imposed.

2. when the offended is any of them people to which is referred the paragraph 2 of the article 173, is will impose a penalty of prison of one to two years, or works in benefit of the community of sixty to cent twenty days. In this case need not be the complaint referred to in paragraph 4 of this article.

3. them penalties laid down in this article is imposed without prejudice of which could correspond to them crimes in that is had denied them acts of harassment.

4. the facts described in this article only shall be actionable by complaint of the injured person or his legal representative.'

Ninety and two. Is modifies the paragraph 2 and is introduces a new paragraph 4 in the article 173, with the following drafting: «2. which usually exert violence physical or psychic on who is or has been your spouse or on person that is or has State linked to it by an analog relationship of affection still without coexistence, or on them descendants» , parent or brothers by nature, adoption or affinity, own or of the spouse or partner, or on them minor or people with disability needy of special protection that with he live or that is hallen subject to the authority, guardianship, guardianship, foster care or keeps indeed of the spouse or partner, or on person covered in any other relationship by which is find integrated in the core of its coexistence family as well as on persons who because of their special vulnerability are subject to custody or saves it in public or private, shall be punished with the penalty of imprisonment from six months to three years, deprivation of the right to possession and bearing of arms of three to five years and, in your case, if the judge or court considers it suitable to the interests of the minor or person with disability in need of special protection special disqualification for the exercise of parental authority, guardianship, curatorship, guardian, or foster care for a time from one to five years, without prejudice to penalties which may be applicable to crimes that has been specified acts of physical or mental violence.

Penalties shall be imposed in its upper half when one or several of the acts of violence were perpetrated in the presence of minors, or using weapons, taking place in the common place of residence or at the home of the victim, or are made to breach a penalty referred to in article 48, or a measure of precautionary or security or prohibition of the same nature.

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

«4. who cause injury or unjust harassment of a mild nature, when the victim was one of people who referred to in paragraph 2 of article 173, shall be punished with the penalty of permanent location of five to thirty days, always at home different and away from the victim, or work for the benefit of the community of five to thirty days» , or a fine of one to four months, this last one only in the cases in which the circumstances expressed in paragraph 2 of article 84.

«The libel only will be prosecutable by denounces of the person aggrieved or of his representative legal.»

Ninety-three. Is modifies the article 177, that is drafted as continues: «If in them crimes described in them articles preceding, besides the attack to the integrity moral, is arrangements injury or damage to the life, integrity physical, health, freedom sexual or goods of the victim or of a third, is punished them made separately with the penalty that les corresponds by them crimes committed» «, except when one already is halle especially punished by the law.»

Ninety-four. Paragraphs 1 and 4 of article 177 bis, which are drawn up are modified as follows: "1. will be punished with the penalty of five to eight years in prison as guilty of human trafficking which, whether on Spanish territory, from Spain, in transit or bound to it, using violence, intimidation or deceit, or abusing a situation of superiority or need or vulnerability of the victim or foreign» (, or by delivering or receiving of payments or benefits to achieve the consent of the person who has control over the victim, captures it, transported, trasladare, acogiere, or received, including the Exchange or transfer of control over those persons with any of the following purposes: to) the imposition of labour or forced services, slavery or practices similar to slavery servitude or begging.

(b) sexual exploitation, including pornography.

(c) the exploitation for criminal activities.

(d) the removal of their bodily organs.

(e) the holding of forced marriages.

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

«(4. Se impondrá la pena superior en grado a la prevista en el apartado primero de este artículo cuando: a) had put at risk the life or physical or mental integrity of persons subject to the offence;»

(b) the victim is particularly vulnerable by reason of sickness, gestational status, disability or personal situation, or is minor.

If you concurriere more than one circumstance will be imposed the penalty in its upper half.»

Ninety-five. Amending paragraph 1 of article 182, which is worded as follows: ' 1. who, by deception or abusing a recognised position of trust, authority or influence over the victim, perform acts of a sexual nature with a person less than eighteen, and sixteen-year-old will be punished with imprisonment of one to three years.»

Ninety-six. The heading of chapter II bis amending Title VIII of book II, which will have the following wording: «chapter II bis. Abuse and sexual aggressions to minors under sixteen years.»

Ninety-seven. Amending article 183, which will have the following wording: «1. that commits acts of a sexual nature with a person under sixteen years, shall be punished as responsible for sexual abuse to a minor with the imprisonment of two to six years. "

2. when them made are committed using violence or intimidation, the responsible will be punished by the crime of aggression sexual to a minor with the penalty of five to ten years of prison. The same penalties is imposed when through violence or intimidation compeliere to a minor of sixteen years to participate in acts of nature sexual with a third or to perform them on itself same.

3. when the attack consist of carnal access via vaginal, anal or oral, or introduction of member body or objects on any of the first two tracks, responsible for shall be punished with imprisonment from eight to twelve years, in the case of paragraph 1, and twelve to fifteen years, in the case of paragraph 2.

4 behaviours referred to in the three preceding paragraphs will be punished with imprisonment corresponding in its upper half when any of the following circumstances: to) when little intellectual or physical development of the victim, or having a mental disorder, it had been placed in a situation of total helplessness and in any case, when it is less than four years.

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


(c) when the violence or intimidation exercised shall take a particularly degrading treatment or degrading nature.

(d) when, for the execution of the crime, the responsible is has prevalido of a relationship of superiority or kinship, by be ascendant, or brother, by nature or adoption, or related, with the victim.

(e) when the culprit has been endangered, in a fraudulent manner or by negligence, the life or health of the victim.

(f) when the offence has been committed in the heart of an organization or of a criminal group that is dedicate to such activities.

«5. in all them cases provided in this article, when the guilty is had prevalido of its condition of authority, agent of this or official public, is imposed, also, the penalty of disqualification absolute of six to twelve years.»

Ninety-eight. Is modifies the article 183 bis, that will have the following wording: «which, with purposes sexual, determine to a less of sixteen years to participate in a behavior of nature sexual, or you make witness acts of character sexual, although the author not participate in them, will be punished with a penalty of prison of six months to two years.»

«If you had made witness abuses sexual, although the author not had participated in them, be imposed a penalty of prison of one to three years.»

Ninety and nine. Added an article 183 ter, with the following content: «1. via Internet, phone or any other information and communication technology to contact a person under sixteen years and proposes to arrange a meeting with him in order to commit any of the offences described in the articles 183 and 189, provided that such a proposal is accompanied by material acts to approach» shall be punished with the penalty of one to three years in prison or a fine of twelve to twenty-four months, without prejudice to the penalties for crimes in his case committed. Them penalties are imposed in its half upper when the approach is get through coercion, intimidation or deception.

2 that via the internet, phone or any other information and communication technology contact a person under sixteen years and carries out acts aimed at to cajole you provide him with pornographic material or show you pornographic images that represent or appear a minor, shall be punished with imprisonment from six months to two years.»

One hundred. Added a new article 183 c, with the following content: «free sixteen minor consent shall exclude criminal liability for the offences set forth in this chapter, when the perpetrator is a person close to the child by age and level of development or maturity.»

Cent one. Is modifies the header of the chapter V of the title VIII of the book II, with the following wording: «chapter V.»

«Of the crimes relating to the prostitution and to the exploitation sexual and corruption of minor.»

Two hundred. Is modifies the article 187, that is drafted of the following mode: «1. which, using violence, intimidation or deception, or abusing of a situation of superiority or of need or vulnerability of the victim, determine to a person greater of age to exercise or to keep is in the prostitution, will be punished with the penalties of prison of two to five years and fine of twelve to twenty-four months.»

Who is lucre by exploiting the prostitution of another person, even with the consent of the same, will impose the penalty of imprisonment from two to four years and a fine of twelve to twenty-four months. (In all case, is means that there is exploitation when concur any of the following circumstances: to) that the victim is find in a situation of vulnerability personal or economic.

(b) disproportionate, burdensome or abusive conditions are imposed for their exercise.

(2. is imposed the penalties planned in them paragraphs earlier in its half upper, in their respective cases, when concur any of them following circumstances: to) when the guilty is had prevalido of its condition of authority, agent of this or official public. In this case applies, in addition, the penalty of disqualification from six to twelve years.

(b) when the guilty strength belongs to an organization or group criminal that is dedicate to the carrying out of such activities.

(c) when has the culprit jeopardized, in a fraudulent manner or by negligence, the life or health of the victim.

3. the above penalties be imposed on their respective cases without prejudice to which correspond by assaults or sexual abuses on the prostituted person.»

Three hundred. Modifies article 188, which will have the following wording: «1. which induces, promotes, favours facilitates the prostitution of a minor of age or a person with disabilities in need of special protection, lucre thereby or exploited in any other way to a minor or a person with a disability for these purposes, shall be punished with the penalties of imprisonment from two to five years and a fine of twelve to twenty-four months.»

If the victim was under the age of sixteen, will be imposed the penalty of imprisonment from four to eight years and a fine of twelve to twenty-four months.

2. If the acts described in the preceding paragraph is committed with violence or intimidation, as well as fine penalties provided for, shall be imposed the penalty of imprisonment of five to ten years if the victim is under the age of sixteen, and the prison sentence of four to six years in other cases.

3 impose penalties exceeding extent provided for in the preceding paragraphs, in their respective cases, when any of the following circumstances: to) when the victim is particularly vulnerable by reason of age, illness, disability or situation.

(b) when, for the execution of the crime, has the person in charge prevalido a relationship of superiority or kinship, as ascendant, descendant or sibling, by nature or adoption, or related fields, with the victim.

(c) when, for the execution of the crime, had responsible for prevalido their authority, agent of this or civil servant status. In this case a penalty of disqualification from six to twelve years shall be imposed, in addition.

(d) when has the culprit jeopardized, in a fraudulent manner or by negligence, the life or health of the victim.

(e) when have the facts committed by the joint action of two or more people.

(f) when the culprit strength belongs to an organization or association, even transitory character, which is dedicate to such activities.

4 who apply for, accept or get, in Exchange for remuneration or promise, sexual intercourse with one minor or a person with disability in need of special protection, shall be punished with a sentence of one to four years in prison. If the child had not met sixteen years of age, a sentence of two to six years in prison will be imposed.

5. the above penalties be imposed on their respective cases without prejudice to which correspond for the offences against freedom or sexual indemnity committed on minors and people with disabilities in need of special protection.»

Four hundred. Article 189, is modified with the following wording: «(1. Será castigado con la pena de prisión de uno a cinco años: a) which captures or will use to children or to people with disabilities in need of special protection purposes or in exhibitionist shows or pornographic, both public and private, or to make any kind of pornographic material» anyone that either support, or scopuri any of these activities or lucrare with them.

(b) whereby it arrangements, selling, distributing, exhibits, should make offer or facilitates the production, sale, dissemination or display by any means of child pornography or whose development have been used people with disabilities in need of special protection, or it has to these ends, although the material had originated overseas or in any case unknown.

(To them effects of this title is considered pornography child or in whose elaboration have been used people with disability needy of special protection: to) all material that represent of way visual to a minor or a person with disabilities needed of special protection participating in a conduct sexually explicit, real or simulated.

(b) all representation of the organs sex of a minor or person with disability needed of special protection with purposes mainly sexual.

(c) any material that visually depicts a person appearing to be a minor engaged in real or simulated, sexually explicit conduct, or any representation of the sexual organs of a person appearing to be a minor, primarily sexual purposes, unless the person who seems to be a minor may be actually be eighteen years or more at the time of obtaining images.

(d) realistic images of a minor engaged in sexually explicit conduct or realistic images of the sexual organs of a child for primarily sexual purposes.

2 shall be punishable by imprisonment of five to nine years performing the acts referred to in paragraph 1 of this article when any of the following circumstances: to) when used to under sixteen years of age.

(b) when are the facts a particularly degrading treatment or degrading nature.

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


(d) when the guilty has put in danger, of form fraudulent or by recklessness serious, the life or health of the victim.

(e) when was pornographic material of notable importance.

(f) when the culprit strength belongs to an organization or association, even transitory character, which is dedicate to such activities.

(g) when the responsible is ascendant, tutor, curator, keeping, master or any another person responsible, indeed, although out provisionally, or of right, of the less or person with disability needed of special protection, or is try of any another Member of his family that conviva with he or of another person that has acted abusing of his position recognized of confidence or authority.

(h) where if the aggravating circumstance of recidivism.

(3. If them made to is concerns the letter to) of the paragraph first of the paragraph 1 is had committed with violence or intimidation is imposed the penalty top in grade to them planned in them paragraphs earlier.

4 which formed knowingly shows exhibitionist or pornographic in minors or people with disabilities in need of special protection involved, shall be punished by the penalty from six months to two years in prison.

5. which for its own use purchase or possess pornography child or in whose elaboration is had used people with disability need of special protection, will be punished with the penalty of three months to a year of prison or with fine of six months to two years.

The same penalty is imposed to who access to knowing to pornography child or in whose elaboration is had used people with disability need of special protection, by means of them technologies of the information and the communication.

6. which has low its power, guardianship, keeps or foster care to a less of age or a person with disability needed of special protection and that, with knowledge of its state of prostitution or corruption, not make it possible for prevent its continuation in such State, or not go to the authority competent for the same end if lacks of media for it custody of the less or person with disability needed of special protection shall be punished with the penalty of imprisonment from three to six months or a fine of six to twelve months.

7. the Department of Public Prosecutions shall promote the necessary actions in order to deprive of parental authority, custody, guardian, or foster, where appropriate, the person who commits any of the acts described in the preceding paragraph.

8. judges and courts ordered the adoption of measures for the removal of web pages or internet applications containing disseminated child pornography or in whose elaboration it had used people with disabilities in need of special protection or, where appropriate, to block access to Internet users that are in Spanish territory.

These measures can be agreed with character precautionary measures at the request of the public prosecutor's Office."

Five hundred. Amending paragraphs 1 and 3 of article 192, which will have the following wording: «1. to those convicted to imprisonment of one or more offences covered by this title shall be them also the measurement of probation, to be implemented after the custodial sentence. " The duration of this measure will be five to ten years, if any of the offences were serious, and one to five years if it's one or more less serious offenses. In the latter case, in the case of a single crime committed by a rogue primary, the Court may impose or not the measure of probation in attention to the lesser danger of the author.»

«3. the judge or court may impose reasonably, also, the penalty of deprivation of it homeland power or the penalty of disqualification special for the exercise of them rights of it homeland power, guardianship, guardianship, keeps or foster care, by the time of six months to six years, and the penalty of disqualification for employment or charge public or exercise of it profession u trade» , by the time of six months to six years. To them responsible of the Commission of any of them crimes of them chapters II bis or V is les will impose, in all case, and without prejudice of them penalties that correspond with arrangement to them articles preceding, a penalty of disqualification special for any profession u trade, is or not paid that carries contact regular and direct with minor of age by a time top between three and five years to the of the duration of the penalty of deprivation of liberty imposed in the judgment, or if for a period of two to ten years when imprisonment proportionately according to the seriousness of the crime, the number of crimes committed and the circumstances that apply on the convicted person has not had imposed."

Six hundred. Amending article 197, which is worded as follows: ' 1., to discover the secrets or violate the privacy of another, without his consent, you taking possession of their papers, letters, emails or any other documents or personal belongings, intercept their telecommunications or use technical artifice of listening, transmission, recording or reproduction of sound or image» , or any other communication signal, shall be punished with sentences of one to four years prison and a fine of twelve to twenty-four months.

2. the same penalties shall be imposed which, without being authorized, seizes, use or modify, in third party prejudice, reserved data of a personal or family nature of other that are recorded in files or computer, electronic or telematic supports, or in any other type of file or registry public or private. The same penalties will be imposed to who, without being authorized, access by any means to them and who alter them or use to the detriment of the owner of the data or a third party.

3 the term of imprisonment of two to five years will be imposed if they spread, reveal, or transferred to third parties the data or facts discovered or captured images referred to in previous issues.

Shall be punished with sentences of one to three years imprisonment and a fine of twelve to twenty-four months, which, with knowledge of its illicit origin and without having taken part in his discovery, commits the conduct described in the preceding paragraph.

(4. them made described in the paragraphs 1 and 2 of this article will be punished with a penalty of prison of three to five years when: to) is committed by them people responsible or responsible of them files, stands computer, electronic or telematic, files or records; (or b) is carried to out by the utilization not authorized of data personal of the victim.

If them data reserved is had diffused, assigned or revealed to third, is imposed the penalties in their half top.

5. also, when them made described in them paragraphs previous affect to data of character personal that reveal the ideology, religion, beliefs, health, origin racial or life sexual, or the victim is a minor of age or a person with disability needed of special protection, is imposed them penalties planned in its half top.

6. If them made is made with purposes lucrative, is imposed them penalties respectively planned in those paragraphs 1 to the 4 of this article in its half top. If they also affect data referred to in the preceding paragraph, the penalty to impose is the imprisonment from four to seven years.

7 shall be punished with imprisonment from three months to one year or a fine of six to twelve months, which, without the authorization of the person concerned, spread, disclosing or transferring to third images or audiovisual recordings from that which would have been obtained with their consent in a home or anywhere else away from the eyes of third parties When reporting seriously undermine personal privacy of that person.

The penalty shall be imposed in its upper half when the acts had been committed by the spouse by person who is or has been connected to it by similar relation of affectivity, even without living together, the victim was under age or a person with disabilities in need of special protection, or the facts had been committed for lucrative purposes.»

Seven hundred. Added a new article 197, with the following wording: «1. who by any means or process, violating the security measures established to prevent it, and without being duly authorized, access or provide another access to the whole or a part of an information system or keep on it against the will of whoever has the legitimate right to exclude it» , will be punished with penalty of imprisonment from six months to two years.

«2. which through the use of artifice or instruments technical, and without be duly authorized, intercepts transmissions not public of data computer that is produce from, to or within a system of information, included them emissions electromagnetic of them themselves, will be punished with a penalty of prison of three months to two years or fine of three to twelve months.»

Hundred eight. Added a new article 197 ter, with the following wording: "shall be punished with imprisonment from six months to two years or fine of three to eighteen months which, without being duly authorized, produce, and buy for use, import, or in any way provide to third parties, with the intention of facilitating the Commission of any of the offences referred to in paragraphs 1 and 2 of article 197 or article 197 bis (: a) a computer program, designed or adapted primarily to commit such crimes; or


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

Cent nine. Is adds a new article 197 quater, with the following wording: «If them made described in this chapter is had committed in the breast of an organization or group criminal, is apply respectively them penalties higher in grade.»

Hundred and ten. Added a new article 197 d, with the following wording: «when in accordance with the provisions of article 31 bis a legal person is responsible for the offences covered by the articles 197, 197 bis and ter 197, you shall be the penalty of a fine of six months to two years. " «((Attended the rules established in the article 66 bis, them judges and courts may also impose the penalties collected in them lyrics b) to g) of the paragraph 7 of the article 33.»

Eleven percent. Paragraph 2 of article 203 becomes paragraph 3, and introduces a new paragraph 2 with the following wording: «2. will be punished with the penalty of a fine of one to three months to maintain against the will of its owner, outside opening hours, at the home of a public or private legal person» «, Office Professional or office, or in establishing commercial or local open to the public.»

Hundred and twelve. Is modifies the paragraph second of the article 208, that is drafted of the following mode: «only will be constituent of crime them libel that, by their nature, effects and circumstances, are dyed in the concept public by serious, without prejudice of it provisions in the paragraph 4 of the article 173.»

Thirteen hundred. Is modifies the article 210, that is drafted of the following mode: «the accused of insult will be exempt of responsibility testing the truth of them accusations when these is directed against officials public on made concerning to the exercise of their charges or referred to the Commission of offences administrative.»

Fourteen hundred. Is modifies the header of the section 3rd of the chapter III of the title XII of the book II, that happens to tell «of the abandonment of family, minor or people with disability need of special protection».

Fifteen hundred. Is modifies the article 234, that is drafted as continues: «1. which, with mood of profit, take them things furniture outside without the will of its owner will be punished, as reo of theft, with the penalty of prison of six to eighteen months if the amount of it stolen exceed of 400 euros.»

2 a fine of one to three months sentence shall be imposed if the amount of the stolen does not exceed 400 euros, unless concurriese any of the circumstances of article 235.

«3. them penalties established in them paragraphs previous is imposed in its half upper when in the Commission of the made is had neutralized, removed or disabled, by any medium, them devices of alarm or security installed in them things subtracted.»

Sixteen hundred. Amending Article 235, which will have the following wording: «1. theft shall be punished with imprisonment of one to three years: 1 when things of artistic, historical, cultural or scientific value is removed.»

2nd when is concerned of things of first need and will cause a situation of shortages.

3rd in the case of pipes, wiring, equipment or components of infrastructure of power, hydrocarbons or services of telecommunications, or other things aimed at the provision of services of general interest, and cause a serious breach to them.

4th when is concerned of products agricultural or livestock, or of them instruments or media that is used for your obtaining, whenever the crime is kite in farms agricultural or livestock and is cause a prejudice serious to them same.

5 when magazine special gravity, according to the value of the stolen effects, or are decommitted damages of special consideration.

6 when put to the victim or his family at serious economic or is performed abusing your personal circumstances or the situation of abandonment, or taking advantage of the production of an accident or the existence of a risk or general danger to the community that has weakened the defence of the injured party or facilitated the unpunished Commission of the offence.

7th when the crime the guilty had been sentenced executorily at least three offences covered by this title, provided that they are of the same nature. Cancelled records shall not be taken into account or that should be it.

8 when used under sixteen years for the Commission of the offence.

9th when the culprit or culprits involved in the facts as members of an organization or criminal group that is dedicate to the Commission of offences covered in this title, provided that they are of the same nature.

2. the penalty referred to in the preceding paragraph shall be imposed in its upper half when going two or more planned circumstances therein.»

Seventeen percent. Amending article 236, which is worded as follows: ' 1. will be punished with a fine of three to twelve months which, being owner of a movable thing or acting with the consent of this, sustrajere it of who holds it legitimately, with prejudice to the same or a third party. "

2. If the value of the stolen thing did not exceed 400 euros, the penalty of a fine of one to three months will be imposed."

Eighteen hundred. Amending article 237, which is worded as follows: «Are the crime of robbery with non-profit apoderaren of furniture things beyond things using force to enter or to leave the place where they are located or violence or intimidation in the people, is to commit the crime, to protect the flight, on which come to the rescue of the victim or that persiguieren you.»

Nineteen hundred. Amending article 240, which is worded as follows: ' 1. the guilty of robbery with force in things shall be punished with imprisonment of one to three years. "

2. it shall be the penalty of imprisonment from two to five years when if any of the circumstances provided for in Article 235.»

Hundred and twenty. Amending article 241, which is worded as follows: ' 1. theft committed in inhabited house, building or place open to the public, or in any of its dependencies, shall be punished with a term of imprisonment of two to five years. "

If the acts had been committed in an establishment open to the public, or any of its dependencies, outside opening hours, a term of imprisonment of one to five years shall be imposed.

2. is considered inhabited house all hostel constituting abode of one or more persons, although accidentally are absent from it when the robbery takes place.

3. are considered dependencies inhabited house or building or place open to the public, its patios, garages and other departments or sites fenced and adjacent to the building and interior communication with him, and which form a physical unit.

A penalty of two to six years in prison 4 will be imposed when the facts referred to in the preceding paragraphs are particularly serious, according to the form of Commission of the crime or to damages incurred and, in any case, when any of the circumstances expressed in Article 235.»

Cent twenty-one. Amending paragraph 2 of article 242, which will have the following content: «2. when the theft is committed in inhabited house, building or place open to the public or in any of its dependencies, the term of imprisonment of three years and six months to five years shall be imposed. "

One hundred twenty-two. Amending paragraph 1 of article 244, remaining with the following wording: «1. which he sustrajere or use a vehicle engine or moped outside, non-appropriate it, without proper authorization will be punished with the work for the benefit of the community of thirty-one to ninety days or a fine of two to twelve months» If you restore it, directly or indirectly, in a period not exceeding forty-eight hours, unless, in any case, the penalty imposed may be equal or higher than it would have if it's definitely apropiare the vehicle.»

Hundred twenty-three. Is modifies the article 246, that is drafted as follows: «1. which alterare terms or lindes of peoples or inheritances or any class of signals or mojones intended to fix them limits of properties or demarcations of properties contiguous, both of domain public as private, will be punished with the penalty of fine of three to eighteen months.»

«2. If the utility reported no exceeds of 400 euros, is imposed the penalty of fine of one to three months.»

Hundred twenty-four. Is modifies the article 247, that is drafted as follows: «1. which, without find is authorized, distrajere them waters of use public or proprietary of your course, or of its reservoir natural or artificial, 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 a fine of one to three months will be imposed."

One hundred twenty-five. Amending article 249, which is worded as follows: «inmates of fraud shall be punished with imprisonment from six months to three years. For the fixing of the penalty will take into account the amount of the disappointed, the economic loss caused to the injured party, relations between it and the fraudster, the means employed by this and many other circumstances serve to assess the seriousness of the infringement.

If the amount of the disappointed does not exceed 400 euros, the penalty of a fine of one to three months will be imposed."


Hundred twenty-six. Amending article 250, which is drawn up in the following way: «1. the crime of fraud shall be punished with the penalties of imprisonment from one to six years and a fine of six to twelve months, when: 1 falls on things of first need, housing or other recognized social utility.»

2nd is out abusing of signature of another, or subtracting, hiding or disabling, in all or in part, some process, record, Protocol or document public or official of any class.

3rd falls on goods that integrate the artistic, historical, cultural or scientific heritage.

4th magazine special gravity, according to the entity of the prejudice and to the situation economic in that leave to the victim or to his family.

5 the value of the fraud exceeds 50,000 euros, or affect a large number of people.

6 is Comet with abuse of the relationships personal existing between victim and fraudster, or take advantage of this its credibility business or professional.

7th procedural fraud is committed. They are the same that, in legal proceedings of any kind, manipularen tests that sought to establish its allegations or emplearen other similar procedural fraud, causing error the judge or court and taking him to a decision that harms the economic interests of the other party or a third party.

8th to the crime the guilty had been convicted of executorily at least three offences covered by this chapter. Not is will have in account history canceled or that should be it.

2. If relevant circumstances included in the numerals 4th, 5th, 6 or 7th with the paragraph 1 of the preceding paragraph, imposed penalties of imprisonment from four to eight years and a fine of twelve to twenty-four months. The same penalty shall be imposed when the value of the fraud exceeds 250,000 euros.»

Hundred twenty-seven. Amending the heading of section 2 of Chapter VI of title XIII of book II, that happens to be called «of unfair administration"and which shall include article 252.

Hundred twenty and eight. Is modifies the article 252, that will have the following drafting: «1. will be punishable with them penalties of the article 249 or, in its case, with them of the article 250, which taking faculties for manage a heritage alien, emanating of the law, entrusted by the authority or assumed through a business legal, them infringe exceeding is in the exercise of them same and» , thus causing a prejudice to the managed assets.

2. If the amount of the patrimonial damage does not exceed 400 euros, a penalty of a fine of one to three months will be imposed."

One hundred twenty-nine. Added a section 2nd bis to chapter VI of title XIII of book II, with the heading "misappropriation", comprising articles 253 and 254.

Hundred and thirty. Amending article 253, which is drawn up in the following way: «1. will be punished with sentences of article 249 or, where appropriate, of article 250, unless they were already punished with a more severe penalty in another article of this code, which, to the detriment of another, is apropiaren for himself or for a third party, money, effects, values or anything else furniture» that they had received on deposit, Commission, or custody, or that they had been committed under any other title to produce an obligation to deliver them or return them, or negaren have been received.

2. If the appropriate amount does not exceed 400 euros, a penalty of a fine of one to three months will be imposed."

One hundred and thirty-one. Amending article 254, which is worded as follows: ' 1. who, outside the cases of the preceding article, apropiare of furniture something alien, will be punished with a fine of three to six months. " If it were things of artistic, historical, cultural or scientific value, the penalty shall be imprisonment from six months to two years.

2. If the appropriate amount does not exceed 400 euros, a penalty of a fine of one to two months will be imposed."

One hundred thirty-two. Amending Article 255, which is worded as follows: ' 1. will be punished with the penalty of a fine of three to twelve months which commits fraud using electricity, gas, water, telecommunications or another element, energy or fluid, for any of the following means: 1 using mechanisms installed to carry out the fraud. "

2nd altering maliciously those signs or devices counters.

3rd using any other clandestine means.

2. If the amount of the disappointed does not exceed 400 euros, a penalty of a fine of one to three months will be imposed."

One hundred thirty-three. Amending article 256, which is worded as follows: ' 1. which make use of any terminal equipment of telecommunications, without the consent of its holder, and causing this economic damage, will be punished with the penalty of a fine of three to twelve months. "

2. If the amount of damage caused does not exceed 400 euros, a penalty of a fine of one to three months will be imposed."

One hundred thirty-four. Amending the heading of Chapter VII of title XIII of book II, which will have the following wording: «Frustration of running» one hundred and thirty-five. Is modifies the article 257, that is drafted of the following mode: «1. will be punished with the penalties of prison of one to four years and fine of twelve to twenty-four months: 1 which is elk with their goods in prejudice of their creditors.»

2nd who with the same end perform any act of disposal patrimonial or generator of obligations that dilate, hinders or prevents the efficiency of a however or of a procedure executive or of apremio, judicial, extrajudicial or administrative, started or of foreseeable initiation.

2. with the same penalty will be punished who commits acts of available, contrajere obligations that decrease its heritage u hide by any half elements of its heritage on which it execution could do is effective, with the purpose of circumvent the payment of responsibilities civil derived of a crime that has committed or of which should respond.

3. the provisions of this article shall apply whatever be the nature or origin of the obligation or debt whose satisfaction or payment attempt to bypass, including economic rights of workers, and regardless of who the creditor is an individual or any legal person, public or private.

Notwithstanding the foregoing, in the case that the debt or obligation is trying to avoid is governed by public law and the recipient is a public legal person, or in the case of pecuniary obligations arising from the Commission of an offence against the public Treasury or Social Security, to impose penalty shall be imprisonment from one to six years and a fine of twelve to twenty-four months.

4. the penalties provided for in this article shall be imposed in its upper half in the cases referred to in paragraphs 5 or 6 of paragraph 1 of article 250.

5. this crime will be pursued even if a bankruptcy proceedings began after his Commission."

One hundred thirty-six. Amending article 258, which is drawn up in the following way: «1. shall be punished with imprisonment from three months to one year or a fine of six to eighteen months, who, in an enforcement proceeding judicial or administrative, present to the authority or official responsible for running a relationship of goods or incomplete or false heritage, and thus dilate» hinders or prevents the satisfaction of the creditor.

The relationship of property or patrimony shall be deemed incomplete when the debtor executed use or enjoy goods owned by third parties and does not supply sufficient justification of the law that protects that enjoyment and the conditions to which it is subject.

2. the same penalty shall be imposed when the debtor, required for this purpose, facilitate the relationship of property or patrimony referred to in the preceding paragraph.

3. the offences to which this article refers shall not be actionable if the author, until the authority or officer had discovered the false or incomplete character of the filed statement, to appear before them and submit a declaration of goods or truthful and complete heritage.»

Hundred thirty and seven. Is adds an article 258 bis, with the following wording: «will be punished with a penalty of prison of three to six months or fine of six to twenty-four months, unless already were punished with a penalty more serious in another precept of this code, who make use of goods seized by authority public that had been constituted in deposit without be authorized for this.»

Hundred thirty and eight. Added an article 258 ter, with the following wording: «(Cuando de acuerdo con lo establecido en el artículo 31 bis una persona jurídica sea responsable de los delitos comprendidos en este Capítulo, se le impondrán las siguientes penas: a) fine of two to five years, if the crime committed by the individual plans to a term of imprisonment of more than five years.»

(b) fine of one to three years, if the crime committed by the individual plans to a term of imprisonment of more than two years not included in the foregoing paragraph.

(c) a fine of six months to two years, in the other cases.

Attended the rules established in article 66 bis, judges and courts may also impose penalties contained in subparagraphs (b) (7) of article 33 g.»

One hundred thirty-nine. Is adds a chapter VII bis to the title XIII of the book II, that will understand them articles 259 to 261 bis, with the following header: "of the insolvencies punishable».


Hundred forty. Amending article 259, which will have the following wording: «1. will be punished with a prison sentence of one to four years and a fine of eight to twenty-four months, who, being in a situation of actual or imminent insolvency, do any of the following behaviors: 1st conceal, damage or destroy the goods or assets which are included, or that would have been included» , the mass of the contest at the time of its opening.

2nd perform acts of disposal through the delivery or transfer of money or other assets, or by the assumption of debts, which have no proportion with the patrimonial situation of the debtor, or income, and lack of economic or business justification.

3rd perform operations of sale or performance of service by price lower to its cost of acquisition or production, and that in the circumstances of the case lack of justification economic.

4th simulate credits from third parties or proceed to the recognition of fictitious credits.

5th participate in business speculative, when this lacks of justification economic and is, in the circumstances of the case and to the view of the activity economic developed, contrary to the duty of diligence in the management of affairs economic.

6th fails to comply with the legal duty to take accounting, take double accounting or commit in their keeping irregularities that are relevant for the understanding of their patrimonial or financial situation. The destruction or alteration of the accounting books, when thus is hindered or prevented an important understanding of their patrimonial or financial situation is also punishable.

7th hide, destroy or alter the documentation that the entrepreneur is forced to keep before the course of the term to which is extends this duty legal, when of this mode is makes it difficult for or hinders the examination or assessment of the situation economic real of the debtor.

8th formulate the annual accounts or the books in a way contrary to the regulatory accounting merchant, in a way that is difficult or impossible the examination or assessment of the economic situation of the debtor, or fails to comply with the duty of formulating the balance or the inventory within time.

9 perform any other conduct active u negligent that constitutes a violation serious of the duty of diligence in the management of affairs economic and to which is attributable a decrease of the heritage of the debtor or by means of which is hide the situation economic real of the debtor or its activity business.

2. the same penalty shall be imposed cause who, by means of any of the acts referred to in the preceding paragraph, their insolvency situation.

3. when the facts is committed by imprudence, will be imposed a penalty of imprisonment from six months to two years or a fine of twelve to twenty-four months.

4. this offence will only be prosecuted when the debtor has ceased to regularly meet its required obligations or has been declared its competition.

5. this offence and the unique crimes related to it, committed by the debtor or person who has acted in his name, may be pursued without waiting for the conclusion of the contest and without prejudice to the continuation of this. He amount of the liability civil derived of such crimes should incorporate is, in his case, to the mass.

6. in any case, the qualification of insolvency in the bankruptcy process will link to criminal jurisdiction."

One hundred and forty-one. Is adds an article 259 bis, with the following content: «them made to is concerns the article previous will be punished with a penalty of prison of two to six years and fine of eight to twenty-four months, when concur any of the following circumstances: 1st when is produces or can produce is prejudice heritage in a generality of people or can put them in a serious situation economic.»

2nd when it would result in exceeding 600,000 euros economic damage any of the creditors.

«3rd when at least the half of the amount of them credits bankruptcy have as holders to the Hacienda public, is this State, regional, local or foral and to it security Social.»

One hundred forty and two. Amending article 260, which is worded as follows: ' 1. will be punished with a sentence of six months to three years in prison or a fine of eight to twenty-four months, the debtor who, being in a situation of actual or imminent insolvency, favours any of the creditors doing an act of asset disposition or obligations generator designed to pay an unenforceable credit or to provide a guarantee to which he was not entitled " in the case of a transaction lacking economic or business justification.

2. it shall be liable to the penalty of one to four years of imprisonment and a fine of twelve to twenty-four months the debtor once admitted to processing the application of competition, without being authorized to do so or judicially nor by the bankruptcy administrators and outside the cases allowed by the law, perform any act of asset disposition or generator of obligations to pay one or more creditors, privileged or not, with the rest lag."

One hundred forty-three. Paragraph 1 is modified and added a new paragraph 6 in paragraph 2 of article 263, with the following wording: «1. which causes damage to property not included in other titles of this code, shall be punished by a fine of six to twenty-four months, attended the economic condition of the victim and the amount of damage. "

«If the amount of the damage caused does not exceeds of 400 euros, is imposed a penalty of fine of one to three months.»

«6 have been caused particularly serious damage or affect the general interests.»

One hundred forty-four. Amending article 264, which is worded as follows: ' 1. that by any means, without permission and severely deleted, damaged, worn, amended, deleted or made inaccessible computer data, computer programs or electronic documents outside, where the produced result is serious, shall be punished with imprisonment from six months to three years. "

2 shall be liable to a penalty of imprisonment from two to five years and a fine of both to the tenfold of the damage caused, in the described behavior when any of the following circumstances: 1 had been committed within the framework of a criminal organisation.

2nd has caused particularly serious damage or affected a large number of computer systems.

3rd the made had handicapped severely the functioning of services public essential or the provision of goods of first need.

4th events have affected the computer system of a critical infrastructure or it would have created a situation of grave danger for the security of the State, the European Union or a Member State of the European Union. To these effects are considered critical infrastructure element, system or part thereof that is essential for the maintenance of the vital functions of society, health, safety, protection and economic and social well-being of the population whose disruption or destruction would have a significant impact to not be able to maintain its functions.

5th the offense has been committed using any of the means referred to in article 264 ter.

If the facts had been extremely serious, you can carry the higher grade penalty.

3. the penalties provided for in the preceding paragraphs shall be imposed, in their respective cases, in its upper half, when facts are committed through the illegal use of personal data of another person to facilitate access to the computer system or to win the confidence of a third party.»

One hundred forty and five. Added a new article 264 bis, with the following wording: performing any of the conduct referred to in the preceding article;»

(b) introducing or transmit data; or (c) destroying, damaging, disabling, removing, or replacing a computer, electronic or electronic storage system.

If the facts had been handicapped in a relevant way the normal activity of a company, business or public administration, penalty shall be imposed in its upper half, being able to reach the higher grade penalty.

2. will be imposed a penalty of imprisonment from three to eight years and a fine of the triple to the tenfold of the damage caused, when in fact referred to in the preceding paragraph would have frequented some of the circumstances of paragraph 2 of the preceding article.

3. the penalties provided for in the preceding paragraphs shall be imposed, in their respective cases, in its upper half, when facts are committed through the illegal use of personal data of another person to facilitate access to the computer system or to win the confidence of a third party.»

One hundred forty-six. Added a new article 264 ter, with the following wording: "shall be punished with imprisonment from six months to two years or fine of three to eighteen months which, without being duly authorized, produce, and buy for use, import, or in any way provide to third parties, with the intention of facilitating the Commission of any of the offences referred to in the two preceding articles :


a) a computer program, designed or adapted primarily to commit any of the offences referred to in the two preceding articles; (o b) a password of computer, a code of access or data similar to allow access to the whole or to a part of a system of information.»

One hundred forty-seven. Is adds a new article 264 quater, with the following drafting: «(when in accordance with it established in the article 31 bis a person legal is responsible of them crimes covered in them three articles earlier, is le imposed them following penalties: to) fine of two to five years or of the fivefold to twelve times the value of the prejudice caused, if is a quantity upper» in the case of offences punishable by a term of imprisonment of more than three years.

(b) fine of one to three years or of the triple to eight times the value of the prejudice caused, if is a quantity superior, in the rest of the cases.

«(Atendidas las reglas establecidas en el artículo 66 bis, los jueces y tribunales podrán asimismo imponer las penas recogidas en las letras b) g) of paragraph 7 of article 33.»

Hundred forty and eight. Amending article 265, which is worded as follows: «which you man defile, unsuited in serious way, or inutilizare for service, even temporarily, works, facilities or military installations, warships, military aircraft, means of transport or military transmission, material of war, supply or other means or resources affected to the service of the armed forces or security forces and forces shall be punished with imprisonment of two to four years if the damage exceeds thousand euros.»

One hundred forty-nine. Is modify them paragraphs 1 and 2 of the article 266, that are written as follows: «1. will be punished with the penalty of prison of one to three years which commits them damage expected in the paragraph 1 of the article 263 through fire, or causing blasts, or using any other half of similar power destructive or that generate a risk relevant of explosion or of causation of others damage of special gravity» , or endangering the life or integrity of persons.

2 it will be liable to the penalty of imprisonment from three to five years and a fine of twelve to twenty-four months which commits the damages provided for in paragraph 2 of article 263, in any of the circumstances mentioned in the previous paragraph.»

Hundred and fifty. Amending article 268, which is worded as follows: ' 1. are exempt from criminal liability and subject only to the civilian spouses who are not separated legally or in fact or in judicial process of separation, divorce or annulment of their marriage and ascendants, descendants and siblings by nature or by adoption as well as the related first degree if they lived together» , by them crimes heritage that is caused between itself, whenever not concur violence or intimidation, or abuse of the vulnerability of the victim, already is by reason of age, or by treat is of a person with disability.

«2. This provision does not is applicable to those strange that participating in the crime.»

Hundred fifty and one. Amending article 270, which is worded as follows: ' 1. it shall be punished with imprisonment from six months to four years and fine of twelve to twenty-four months, which, with the aim of obtaining an economic benefit, direct or indirect, and in third party prejudice, reproduce, plagiarize, distribute, communicate publicly or otherwise exploited economically, in whole or in part " a work or provision of literary, artistic or scientific, or transformation, interpretation or artistic execution fixed in any medium or communicated by any means, without the permission of the owners of the corresponding rights of intellectual property or their assignees.

2. the same penalty is imposed to who, in the provision of services of the society of it information, with mood of get a benefit economic direct or indirect, and in prejudice of third, facilitates of mode active and not neutral and without limit is to a treatment merely technical, the access or it location in internet of works or benefits object of property intellectual without it authorization of them holders of them corresponding rights or of their assigns in particular offering listings sorted and classified links to works and contents referred above, even if these links had originally been provided by recipients of their services.

3. in these cases, the judge or court shall order the removal of works or services object of the offence. When through a portal of internet access or service of the information society, the contents are disseminated exclusively or preponderantly object of intellectual property to the previous sections, refer to the interruption of the provision of the same sort, and the judge may agree to any measure precautionary measures have concerned the protection of intellectual property rights.

Exceptionally, when there is repetition of behaviors and is a proportionate, efficient and effective measure, may order the corresponding access blocking.

4. in the cases referred to in paragraph 1, the distribution or marketing itinerant or merely occasional be it punished with imprisonment from six months to two years.

However, attended the characteristics of the offender and the reduced amount of economic benefit earned or that had been obtained, provided that no if any of the circumstances of article 271, the judge may impose the penalty of fine from one to six months, or for the benefit of the community of thirty-one to sixty days.

5 will be punished with the penalties provided for in the preceding paragraphs, in their respective cases, those who: to) export or intentionally stored copies of works, productions or executions referred to in the first two paragraphs of this article, including digital copies of the same, without the above authorization, when they were intended to be reproduced, distributed or communicated publicly.

(b) import these products without authorization, intentionally when they were intended to be reproduced, distributed or communicated publicly, so if they have a legitimate source such as illicit in their country of origin; However, the import of the concerned products of a State belonging to the European Union not punishable where those have been acquired directly from the owner of the rights in that State, or with your consent.

(c) encourage or facilitate the realization of the conduct referred to in paragraphs 1 and 2 of this article by removing or modifying, without authorization from the holders of the rights of intellectual property or their assignees, effective technological measures incorporated by them in order to prevent or restrict its realization.

(d) with mood of get a benefit economic direct or indirect, with the purpose of facilitate to third the access to an exemplary of a work literary, artistic or scientific, or to its transformation, interpretation or execution artistic, set in any type of support or communicated through any medium, and without authorization of them holders of them rights of property intellectual or of their assignees evades or facilitate the circumvention of effective technological measures arranged to avoid it.

6. will be punished also with a penalty of prison of six months to three years who manufacture, amount, put in circulation or possess with a purpose commercial any half mainly designed, produced, adapted or performed for facilitate it suppression not authorized or the neutralization of any device technical that is has used to protect programs of computer or any of them others works performances in the terms laid down in the first two sections of this article.»

Hundred fifty and two. Is modifies the article 271, that is drafted as follows: «is imposed the penalty of prison of two to six years, fine of eighteen to thirty and six months e disqualification special for the exercise of the profession related with the crime committed, by a period of two to five years, when is kite the crime of the article previous concurring any of them following circumstances» (: a) having the benefit obtained or that it had been unable to obtain special economic significance.

(b) that the facts are particularly serious, taking account of the value of the items produced illicitly, the number of works, or transformation, performance or interpretation thereof, unlawfully reproduced, distributed and communicated to the public or made available, or to the special importance of the damages.

(c) that the culprit strength belongs to an organization or association, even of a transitory nature, which had the purpose of IPR infringing activities.

«(d) that is use to minors of 18 years for committing these crimes.»

Hundred fifty and three. Is modifies the article 274, that is drafted of the following mode: «(1. will be punished with the penalties of one to four years of prison and fine of twelve to twenty-four months which, with purposes industrial or commercial, without consent of the holder of a right of property industrial registered according to the legislation of brands and with knowledge of the registration, to) manufacture» produces or imports products that incorporate a distinctive sign identical or confused with him, u


b) to offer, distribute, or sell to the wholesale products that incorporate a distinctive sign identical or confused with that one, or store them for this purpose, in the case of the same or similar products, services or activities for which the industrial property right is registered.

2 shall be punished with sentences of six months to three years in prison which, with industrial or commercial purposes, without the consent of the owner of a registered according to the law of trade marks and with knowledge of the registry of industrial property, offer, distribute or sell to the retail, or provide services or develop activities that incorporate a distinctive sign identical or confused with that one , when is concerned of the same or similar products, services or activities for which the right of property industrial is find registered.

The same penalty shall be imposed to who reproduces or imitates a distinctive sign identical or confused with the one to be used for the Commission of the offences punished in this article.

3. the itinerant or occasional sale of products referred to in the preceding paragraphs shall be punished with imprisonment from six months to two years.

However, attended the characteristics of the offender and the reduced amount of economic benefit earned or that had been obtained, provided that no if any of the circumstances of article 276, the judge may impose the penalty of fine from one to six months, or for the benefit of the community of thirty-one to sixty days.

4. will be punished with them penalties of one to three years of prison which, with late agricultural or commercial, without consent of the holder of a title of obtaining plant and with knowledge of your record, produce or play, condition with views to the production or reproduction, offer in sale, band or marketed of another form, export or amount, or possess for any of them purposes mentioned material plant of reproduction or multiplication of a plant variety protected under national law or the European Union on the protection of new varieties of plants.

Shall be punished with the same penalty who perform any of the acts described in the preceding paragraph, under the denomination of a protected plant variety, using plant material of reproduction or multiplication, which does not belong to this variety.»

Hundred fifty and four. Amending Article 276, which is drawn up in the following way: having the benefit obtained or that it had been unable to obtain special economic significance.»

(b) that the facts are particularly serious, according to the value of the objects illicitly produced, distributed, marketed or offered, or the special importance of the damages.

(c) that the culprit strength belongs to an organization or association, even transitory character, that had as purpose the realization of activities infringing industrial property rights.

(d) use of persons under 18 years for committing these crimes.»

Hundred fifty and five. Modifies the header of section 4 of chapter XI of title XIII of book II, which happens to be called «Crimes of corruption in business» and you will understand the articles 286 bis to 286 c.

Hundred fifty and six. It introduces a new article 286 bis, which is drawn up in the following way: «1. the directors, Manager, employee or collaborator of a commercial company or a society which, by itself or by intermediary, receives, requests or accepts a benefit or advantage not justified whatsoever, for himself or for a third party as consideration to unduly favour to another in the purchase or sale of goods» , or in the procurement of services or in them relations commercial, will be punished with the penalty of prison of six months to four years, disqualification special for the exercise of industry or trade by time of one to six years and fine of the both to the triple of the value of the benefit or advantage.

2. with the same penalties shall be punished who, by himself or by intermediary, promise, offer or grant to directors, managers, employees or collaborators of a commercial company or a partnership, a benefit or advantage not justified, of any nature, either for themselves or for third parties, as consideration so as to promote him unduly or one third party against others in the acquisition or sale of goods , contracting of services or in trade relations.

3. judges and courts, in response to the amount of the benefit or the value of the advantage, and the importance of the functions of the guilty, may impose the lower grade penalty and reduce the fine to his prudent discretion.

4. it willing in this article will be applicable, in their respective cases, to them managers, administrators, employees or collaborators of an entity sports, any that is the form legal of this, as well as to them athletes, referees or judges, with regard to those behaviors that have by purpose predetermine or alter of way deliberate and fraudulent the result of a test, find or competition sports of special relevance economic or sports.

For these purposes, shall be deemed sporting competition of special economic significance, one in which most of the participants in this received any remuneration, compensation or income for their participation in the activity; and especially sports sports competition, which is described in the annual sporting calendar approved by the relevant Sports Federation as official competition of the highest category of modality, specialty or discipline concerned.

5. for the purposes of this article applies provisions of article 297.»

One hundred fifty-seven. Is introduces a new article 286 ter, with the following content: «1. which through the offering, promise or grant of any benefit or advantage undue, pecuniary or of another class, corrompieren or attempting corrupt, by itself or by person filed, to an authority or official public in benefit of these or of a third, or attend their requests to the respect» in order to act or refrain from acting in relation to the exercise of public functions to get or preserve a contract, business or any other competitive advantage in international economic activities, will be punished, unless they were already with a more severe penalty in another article of this code, with penalties of imprisonment from three to six years prison fine of twelve to twenty-four months, unless the benefit earned is over the resulting amount, in which case the fine will be both to the triple of the amount of this benefit.

In addition to the above-mentioned penalties, will be imposed in any case responsible for the penalty prohibition to contract with the public sector, as well as the loss of the possibility of obtaining subsidies or State aid and the right to enjoy benefits or tax and Social Security, and the prohibition of intervention in trade transactions of public importance for a period of seven to twelve years.

2. for the purposes of this article means public official those determined by articles 24 and 427.»

One hundred and fifty-eight. It introduces a new article 286 c, with the following wording: «If the facts referred to in the articles of this section are particularly serious, the penalty imposed at its upper, being able to reach the higher degree.

The facts will be considered, in any case, particularly serious when: a) the benefit or advantage has a value especially high, b) the action of the author is not merely casual, c) in the case of acts committed at the heart of an organization or a criminal group, or d) the object of the business discuss goods or humanitarian services or any other necessities.

En_el_caso_de paragraph 4 of article 286 bis, the facts are also considered particularly serious when: to) have intended to influence the development of games of chance or gambling; (o b) committed in a State-level official sports competition qualified as a professional or an international sporting competition. "

One hundred fifty-nine. Amending article 288, which is drawn up in the following way: «in the expected cases in the previous articles the publication of the judgment will be available in the official newspapers and, if the injured party requests it, the judge or court may order the total or partial reproduction in any other information medium, at the expense of the convicted person.

When in accordance with the provisions of article 31 bis a legal person is responsible for the offences listed in this chapter, you will be imposed the following penalties: 1 in the case of the offences set forth in articles 270, 271, 273, 274, 275, 276, 283, 285 and 286: to) fine of twice the benefit earned quadruple, or that it had been able to get If the crime committed by the individual plans to a term of imprisonment of more than two years.

(b) fine of twice to three times the benefit obtained, favoured, or that it had been able to get, in the rest of the cases.


En_el_caso_de the offences set forth in articles 277, 278, 279, 280, 281, 282, 282, 284 and 286 bis to the 286 d: to) penalty from two to five years, or three times to the quintuple of the benefit obtained or that any could get if the resulting amount is higher, when the crime committed by the individual has planned more than two years of deprivation of liberty.

(b) penalty from six months to two years, or both to the double of the benefit obtained or which has been obtained if the resulting amount is higher, in the other cases.

«((2nd served the rules established in the article 66 bis, them judges and courts can also impose the penalties collected in them lyrics b) to g) of the paragraph 7 of the article 33.»

Hundred sixty. Article 295 to be deleted.

Hundred and sixty-one. Is modify them paragraphs 1 and 2 of the article 298, that are drawn up of the following mode: «1. which, with mood of profit and with knowledge of the Commission of a crime against the heritage or the order socio-economic, in which not has intervened or as author or as accomplice, help to them responsible to take advantage is of them effects of the same» , receive, acquire or conceal such effects, shall be punished with imprisonment from six months to two years.

(Is will impose a penalty of one to three years of prison in the following supposed: to) when is try of things of value artistic, historical, cultural or scientific.

(b) in the case of things of first necessity, pipes, wiring, equipment or components of infrastructure of power supply or services of telecommunications, or other things aimed at the provision of services of general interest, agricultural or livestock or products of instruments or means used to obtain.

(c) when the facts are particularly serious, according to the value of the receptados effects or damages than expected it would have caused his abduction.

2. these penalties will be imposed on its upper half who receive, acquire, or hide the effects of the crime to traffic with them. If the traffic is done using an establishment or local commercial or industrial, is imposed, also, the penalty of fine of twelve to twenty-four months. In these cases the judges or courts, according to the seriousness of the fact and the personal circumstances of the offender, may also impose the penalty of special disqualification for the exercise of their profession or industry, this time of two to five years and agree the measure of temporary or definitive of the establishment or local closing. If the closure is temporary, its duration may not exceed five years.»

Hundred sixty and two. Article 299 shall be deleted.

One hundred sixty-three. Is creates a new title XIII bis in the book II, that will be integrated by the new articles 304 bis and 304 ter, with the following header: «of them crimes of financing illegal of them parties political.»

Hundred sixty and four. It introduces a new article 304 bis with the following wording: «1. will be punished with a fine of the triple to five times its value, which receive donations or contributions to a political party, Federation, coalition or group of voters with violation of the article 5.Uno of the organic law 8/2007 of 4 July» , on financing of political parties.

(((2. them made earlier will be punished with a penalty of prison of six months to four years and fine of the triple to the fivefold of its value or of the excess when: to) is try of donations collected in the article 5.Uno, lyrics to) or c) of the law organic 8 / 2007, of 4 of July, on funding of them parties political, of amount superior to 500,000 euros (, or that exceed the limit specified in (b) in this figure) that precept, when whether the infringed.

(b) the case of donations collected in the article 7.Dos of the organic law 8/2007 of 4 July, on financing of political parties, exceeding the amount of € 100,000.

3. If the acts referred to in the preceding paragraph are particularly serious, the penalty will be imposed at its upper, being able to reach the higher degree.

4. the same penalties will be imposed on their respective cases, to whom give donations or contributions to a political party, Federation, coalition or group of electors, or by intermediary, in some of the assumptions of the previous numbers.

5. the same penalties shall be imposed when, in accordance with the provisions of article 31 bis of this code, a legal person is responsible for the facts. «(Atendidas las reglas establecidas en el artículo 66 bis, los jueces y tribunales podrán asimismo imponer las penas recogidas en las letras b) g) of paragraph 7 of article 33.»

One hundred and sixty-five. It introduces a new article 304 ter, with the following wording: «1. shall be punished with imprisonment of one to five years, which participate in structures or organizations, either that is their nature, whose purpose is the financing of political parties, federations, coalitions or groups of electors, regardless of the provisions of the law. "

2 sentence shall be imposed in its upper half those who direct these structures or organizations.

3. If the acts referred to in the preceding paragraphs are particularly serious, the penalty will be imposed at its upper, being able to reach the higher degree.»

Hundred sixty and six. Paragraph shall be first amended article 306, which is worded as follows: «who by action or omission defraud the general European Union budget or others managed by the amount exceeding 50,000 euros, outside the cases referred to in paragraph 3 of article 305, to elude the payment of amounts to be entered , giving to them funds obtained an application different of that to are destined u obtaining unduly funds faking them conditions required for your award u hiding which it had prevented, will be punished with the penalty of prison of one to five years and fine of the both to the manometer of it cited claims and it loss of it possibility of get grants or aid public and of the right to enjoy of them benefits or incentives fiscal or of it Social security during the period of three to six years."

One hundred sixty-seven. It introduces a new article 308 bis, with the following wording: «1. the suspension of the enforcement of sentences imposed by any of the offences covered 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 suspension of the execution of the penalty of prison sentence will require» In addition to compliance with the requirements regulated in article 80, the punishable paid the debt, tax or Social Security, or who has granted the reinstatement of subsidies or aid unduly received or used.

This requirement shall be deemed fulfilled when the punishable assumes the commitment to satisfy the tax debt, the debt to Social security or to the reinstatement of subsidies or aid unduly received or used and civil responsibilities according to their economic capacity and facilitate the forfeiture agreed, and is reasonable to expect that it will be fulfilled. The suspension shall not be granted when it is determined that the punishable has provided inaccurate or insufficient information about their heritage.

The decision by which the judge or court granted the suspension of the execution of the penalty shall be communicated to the procedural representation of State, regional, local or provincial public finance, Social security or administration granted the subsidy or support.

2nd the judge or court revoked the suspension and ordered the execution of the penalty, in addition to in the cases of article 86, when the punishable failing to carry a commitment of payment of the tax debt or with Social Security, to the repayment of subsidies and aid unduly received or used, or to the payment of the liabilities provided that you have the economic capacity to do so, or provide inaccurate or insufficient information about their heritage. In these cases, the prison supervision judge may refuse the granting of parole.

2. in the case of article 125, the judge or court shall hear previously to the procedural representation of State, regional, local or provincial public finance, Social security or administration granted the subsidy or aid, the object of that contribution report equity of those responsible for the crime that will be analyzed the economic capacity and equity managers real and you may include a proposal for fractionation in accordance with such capacity and with the tax legislation, Social security or subsidies."

One hundred sixty-eight. Is adds a new article 311 bis with the following content: «(will be punished with the penalty of prison of three to eighteen months or fine of twelve to thirty months, unless those made are punished with a penalty more serious in another precept of this code, who: to) of form repeated, use or give occupation to citizens foreigners that lack of permission of work» (, o b) use or give occupation to a minor of age that lack of permission of work.»

Hundred sixty and nine. It modifies the article 315 with the following content:


«1. will be punished with the penalties of prison of six months to two years or fine of six to twelve months which, through deception or abuse of situation of need, prevent or limitaren the exercise of the freedom Union or the right of strike.»

2. If behaviors outlined in the preceding paragraph is carried out with coercion they will be punished with imprisonment of one year and nine months to three years or the penalty of fine of 18 months to 24 months.

«3. those acting in a group or individually, but according to others, coerced by other people to start or continue a strike, will be punished with imprisonment of one year and nine months to three years or the penalty of fine from eighteen months to twenty-four months.»

Hundred seventy. Article 318 bis, which is drawn up is modified as follows: "1. that intentionally help a person who is not a national of a Member State of the European Union to enter Spanish territory or to walk through it in a way that violates legislation on entry or transit of aliens, shall be punished with a penalty of imprisonment from three months to one year or fine of three to twelve months."

The facts will not be punishable when the objective pursued by the author is only providing humanitarian assistance to the person concerned.

If them made is had committed with mood of profit is imposed the penalty in its half top.

2. he intentionally help, with non-profit to a person who is not a national of a Member State of the European Union to remain in Spain, violating legislation on stay of foreigners shall be punished with a penalty of imprisonment from three months to one year or fine of three to twelve months.

(3. them made that is concerns the paragraph 1 of this article will be punished with the penalty of prison of four to eight years when concur any of them circumstances following: to) when them made is had committed in the breast of an organization that is dedicate to the realization of such activities. In the case of managers, administrators or managers of these organizations or associations, shall apply them worthwhile in its upper half, which can be lifted to the immediately superior degree.

(b) when is had put in danger the life of them people object of the infringement, or is had created the danger of causation of injury serious.

4. in the same penalties of the previous paragraph and in disqualification from six to twelve years, incur which made the facts prevaliendo of his authority, agent of this or public official.

5. when in accordance with it established in the article 31 bis a person legal is responsible of them crimes collected in this title, is you will impose the penalty of fine of two to five years, or the of the triple to the quintuple of the benefit retrieved if the amount resulting was more high.

(Attended the rules established in article 66 bis, judges and courts may also impose penalties contained in the letters b) g) of paragraph 7 of article 33.

6. the courts, taking into account the seriousness of the fact and circumstances, the conditions of the guilty and the aim pursued by the latter, may impose a degree lower than the respectively marked penalty.»

Hundred and seventy-one. Is modifies the paragraph 3 of the article 319, that is drafted as follows: «3. in any case, them judges or courts, accordingly, may order, to charge of the author of the made, the demolition of it work and it replacement to your State originating of it reality physical altered, without prejudice of them compensation due to third of good faith, and valuing them circumstances» , and heard the competent administration, will temporarily affect the demolition to the Constitution of guarantees which ensure the payment of those. In any case you will have the confiscation of the proceeds of crime any which are transformations that have been able to experience.»

Hundred seventy and two. Amending article 323, which is worded as follows: ' 1. shall be punished with imprisonment from six months to three years or a fine of twelve to twenty-four months, causing damage to property of historical, artistic, scientific, cultural or monumental value, or archaeological, terrestrial or subaquatic deposits.» With the same penalty is punished those acts of expolio in these last.

2. If is had caused damage of special gravity or that had affected to goods whose value historical, artistic, scientific, cultural or monumental out especially relevant, may impose is the penalty superior in grade to the designated in the paragraph previous.

3. in all these cases, judges or courts may order, by the author of the damage, the adoption of measures to restore, as far as possible, the damaged well.»

One hundred and seventy-three. Amending article 325, which is worded as follows: ' 1. shall be punished with imprisonment from six months to two years, a fine of ten to fourteen months and special disqualification for profession or trade for time of one to two years who, contravening the laws or other provisions of a general nature protectors of the environment, cause or directly or indirectly emissions» poured, radiation, extractions or excavations, groundings, noises, vibrations, injections or deposits, in the atmosphere, soil, subsoil or waters underground, terrestrial or maritime, including the high seas, with incidence even in cross-border spaces, as well as abstractions of waters which, by themselves or in conjunction with others, causes or is likely to cause substantial damage to the quality of the air soil or water, or to animals or plants.

2 If the previous behavior, by themselves or in conjunction with others, could seriously damage the balance of natural systems, will be imposed a penalty of imprisonment from two to five years, fine eight to twenty-four months and special disqualification for profession or trade for time of one to three years.

If it would have created a risk of serious harm to the health of persons, he shall be liable to imprisonment in its upper half, being able to reach the top in degree.»

One hundred seventy-four. Amending article 326, which is worded as follows: ' 1. will be punished with the penalties provided for in the previous article, in their respective cases, who, in violation of laws or other provisions of a general nature, collected, transported, recovered, processed, remove or take advantage of waste, or not to handle or properly monitor such activities, so that they cause or are likely to cause substantial air quality damage» soil or water, or to animals or plants, death or injury serious people, or they would be seriously prejudicial to the balance of natural systems.

2. who, outside the so-called referred to in the preceding paragraph, move a considerable quantity of waste, both in the case of one as in the of several transfers that appear linked, in one of the cases referred to in the law of the Union European shipments of waste, shall be punished by a sentence of three months to one year in prison ", or a fine of six to eighteen months and special disqualification for profession or trade for a time of three months to a year."

One hundred and seventy-five. Article 326 bis, which is drawn up is modified as follows: "shall be punished with the penalties provided for in article 325, in their respective cases, who, in violation of laws or other provisions of general character, carry out the operation of facilities in which a dangerous activity is performed or which are stored or used substances or preparations dangerous so that they cause or are likely to cause substantial air quality damage «, of the soil or of the waters, to animals or plants, death or injury serious to them people, or can harm badly the balance of them systems natural.»

One hundred and seventy-six. Is modifies the article 327, that is drafted as follows: «them made to which is refer them three articles earlier will be punished with the penalty top in grade, without prejudice of which can correspond with arrangement to others precepts of this code, when in the Commission of any of them made described in the article previous concur any of them circumstances following» (: a) the industry or activity operate clandestinely, without having obtained the required authorization or administrative approval of their facilities.

(b) that you have disobeyed express orders of the administrative authority of correction or suspension of activities classified in the previous article.

(c) that is either distorted or hid information about the environmental aspects of it.

(d) that is has hampered the Administration Inspector activity.

e) that there has been a risk of catastrophic or irreversible deterioration.

(f) causing an illegal extraction of water in period of restrictions."

One hundred seventy-seven. Amending article 328, which is drawn up as follows: «(Cuando de acuerdo con lo establecido en el artículo 31 bis una persona jurídica sea responsable de los delitos recogidos en este Capítulo, se le impondrán las siguientes penas: a) fine of one to three years, or twice the damage caused when the resulting amount was higher than quadruple» If the crime committed by the individual has planned more than two years of deprivation of liberty.

(b) penalty from six months to two years, or double to triple the damage caused if the resulting amount is higher, in the other cases.


«(Atendidas las reglas establecidas en el artículo 66 bis, los jueces y tribunales podrán asimismo imponer las penas recogidas en las letras b) g) of paragraph 7 of article 33.»

Hundred seventy and eight. Amending article 332, which is worded as follows: ' 1. which, contrary to the laws or other provisions of general character, cut, tale, boot, collect, purchase, possess or destroy protected species of wild flora, or traffic with them, their parts, derivatives thereof or their propagules, unless the conduct affects a number of insignificant copies and does not have relevant consequences for the State of conservation of the species» shall be punished with the penalty of imprisonment from six months to two years or a fine of eight to twenty-four months, and disqualification for profession or trade for a time from six months to two years.

The same penalty shall be imposed to who, contrary to the laws or other provisions of general character, destroy or severely alter their habitat.

2. the penalty is imposed in its half top if is is of species or subspecies catalogued in danger of extinction.

3. If the acts had been committed by negligence, be imposed a penalty of imprisonment from three months to one year or a fine of four to eight months, and special disqualification for profession or trade for a time of three months to two years."

One hundred and seventy-nine. Amending article 334, which is worded as follows: ' 1. shall be punished with imprisonment from six months to two years or a fine of eight to twenty-four months and, in any case, special disqualification for profession or trade and special disqualification for the exercise of the right to hunt or fish for two to four years time who» (, in violation of laws or other provisions of general character: to) hunt, fish, purchase, possess or destroy protected species of wildlife;

(b) traffic with them, their parts or derivatives of the same; or, c) perform activities that prevent or hinder its reproduction or migration.

The same penalty is imposed to who, contravening them laws u others provisions of character general, destroy or alter seriously its habitat.

2. the penalty shall be imposed in its upper half if it's species or subspecies listed endangered.

3. If the acts had been committed by negligence, be imposed a penalty of imprisonment from three months to one year or a fine of four to eight months and, in any case, disabling special profession or trade and special disqualification for the exercise of the right to hunt or fish for a time of three months to two years."

Hundred eighty. Amending article 335, which will have the following wording: «1. who hunt or fish species other than those referred to in the preceding article, when it is expressly prohibited by specific rules on your hunting or fishing, will be punished with the penalty of fine of eight to twelve months and special disqualification for the exercise of the right to hunt or fish for two to five years time. "

2 who hunt or fish or make relevant shellfish activities on species other than those referred to in the previous article on public or private outside, subject to special regime hunting areas, without the permission of its owner or land subject to concession or authorization shellfish or aquaculture without the proper enabling administrative title, will be punished with the penalty of fine of four to eight months and special disqualification for the exercise of the right to hunt , fishing or perform activities of shellfish by time of one to three years, in addition to them penalties that could correspond you, in your case, by the Commission of the crime planned in the paragraph 1 of this article.

3. If previous behaviors produced serious damage to the heritage hunting from a ground subjected to special regime hunting areas or the sustainability of resources in areas of concession or authorization shellfish or aquaculture, shall be liable to the penalty of imprisonment from six months to two years and special disqualification for the exercise of the rights to hunt, fish, and activities of shellfish by time of two to five years.

«4. is imposed the penalty in its half top when them behaviors classified in this article is made in Group of three or more people or using arts or media prohibited legal or regulations.»

One hundred and eighty-one. Is modifies the article 337, that is drafted of the following mode: «1. will be punished with the penalty of three months and a day to a year of prison e disqualification special of a year and a day to three years for the exercise of profession, trade or trade that have relationship with them animals and for the holding of animals, which by any medium or procedure abuse unjustifiably» ((((, causing injury, severely impairing their health or by subjecting him to sexual exploitation, a) a domestic or amansado animal, b) which are usually domesticated animal, c) an animal temporarily or permanently living 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 its upper half when any of the following circumstances: to) had used weapons, instruments, objects, means, methods or particularly dangerous to the life of the animal forms.

b) had mediated cruelty.

(c) be had caused to the animal the loss or the uselessness of a sense, organ or member main.

(d) the facts had been executed in the presence of a minor.

3. If is had caused the death of the animal is will impose a penalty of six to eighteen months of prison and disqualification special of two to four years for the exercise of profession, trade or trade that have relationship with them animals and for the holding of animals.

4 that, outside the cases referred to in the preceding paragraphs of this article, maltrataren cruelly to pets or any other shows not authorized legally, will be punished with a penalty of a fine of one to six months. In addition, the judge may impose the penalty special disqualification from three months to one year for the exercise of profession, craft or trade that has relation with animals and for the holding of animals.»

One hundred and eighty-two. Added an article 337 bis, with the following content: «that leaves an animal referred to in paragraph 1 of the preceding article in conditions that may endanger your life or integrity shall be punished with a penalty of a fine of one to six months. In addition, the judge may impose the penalty special disqualification from three months to one year for the exercise of profession, craft or trade that has relation with animals and for the holding of animals.»

Hundred eighty and three. Is adds an article 345, with the following content: «1. which, contravening them laws u others provisions of character general, purchase, possess, traffic, facilitates, try, transform, use, store, transport or remove materials nuclear u others substances radioactive dangerous that cause or can cause it death or injury serious to people, or damage substantial to it quality of the air, the quality of the soil or the quality of them waters or to animals or plants» , will be punished with the penalty of prison of one to five years, fine of six to eighteen months, e disqualification special for profession or trade by time of one to three years.

2. that without the due authorization arrangements such materials or substances will be punished with the penalty superior in grade.

«3. If them made to is refer them paragraphs earlier is had committed by imprudence serious, is imposed the penalty lower in grade to the designated in them same.»

Hundred eighty and four. Is modify them paragraphs 1 and 2 of the article 346 that are written as follows: «1. which causing blasts or using any other medium of similar power destructive, deferring the destruction of airports, ports, stations, buildings, local public, deposits that contain materials flammable or explosive, way of communication, media of transport collective, or it immersion or stranding of ship, flood» , explosion of a mine or installation industrial, rising of them rails of a via railway, change malicious of them signals employed in the service of this for the safety of them means of transport, blasting of bridge, blight of booted public, damage to pipelines, disturbance serious of any class or medium of communication, disturbance or interruption of the supply of water, electricity hydrocarbons or other fundamental natural resource shall incur the penalty of imprisonment from ten to twenty years, when the damage necessarily behave a danger to the life or integrity of the persons.

«2. when not concurriere such danger, is punished with a penalty of four to eight years of prison.»

Hundred eighty and five. Is modifies the article 353, that is drafted as follows: «1. them made to is concerns the article previous will be punished with a penalty of prison of three to six years and fine of eighteen to twenty-four months when the fire scope special gravity, attended the concurrency of any of them circumstances following: 1st that affect to a surface of considerable importance.»

2nd that is derived from large or serious effects erosive in those soils.

3rd that alter significantly the conditions of life animal or vegetable, or affect to any space natural protected.

4th that the fire affects to areas next to nuclei of population or to places inhabited.


5th that the fire is caused in a moment in which the conditions weather or of the field increase of form relevant the risk of propagation of the same.

6th in any case, when it causes serious deterioration or destruction of the affected resources.

«2. is imposed the same penalty when the author Act to obtain a benefit economic with them effects derived of the fire.»

One hundred and eighty-six. Modifies the header of the section title XVII of book II, chapter II 5th and is introduced in this section a new article 358 bis, with the following wording: «section 5. Common provisions.'

«Article 358 bis.» Provisions of articles 338 to 340 shall also apply to offences regulated in this chapter.»

One hundred eighty-seven. Is modifies the article 361, that is drafted as follows: «which manufacture, amount, export, supply, end, marketed, offer or put in the market, or store with these purposes, drugs, included them of use human and veterinary, as well as them drugs in research, that lack of the required authorization required by the law, or products health that not have of them documents of conformity required by them provisions of character general» «, or that they were damaged, expired or violate the technical requirements relating to its composition, stability, and efficiency, and thereby generate a risk to the life or health of persons, shall be punished with a penalty of imprisonment from six months to three years, a fine of six to twelve months and special disqualification for profession or trade from six months to three years.»

Hundred eighty and eight. Be deleted article 361 bis.

Hundred eighty and nine. Amending article 362, which is worded as follows: a drug, including human and veterinary, use as well as drugs in research;» or an active substance or an excipient of the drug;

(b) a product health, as well as the accessories, elements or materials that are essential to its integrity;

so deceptively present: its identity, including, where appropriate, the packaging and labelling, the dosage of the same; date of expiration, the name or composition of any of its components, or, where appropriate, its origin, including the manufacturer, the country of manufacture, country of origin and the holder of the authorization of merchantability or compliance documents; data relating to the fulfillment of requirements or requirements legal, licenses, documents of conformity or authorizations; or your history, including records and documents relating to the channels of distribution used, were always intended for public consumption or for use by third parties, and generate a risk to the life or health of persons.

2. the same penalties shall be imposed to who alter, to manufacture it or develop it or at a later time, quantity, dosage, revocation or genuine composition, as authorized or declared, any drugs, excipients, accessories, sanitary products, elements or materials mentioned in the preceding paragraph, in a way that reduces its safety, effectiveness or quality, creating a risk to the life or health of persons.»

Hundred ninety. Add a new article 362 bis, which is worded as follows: "shall be punished with imprisonment from six months to four years, a fine of six to eighteen months, and disqualification for profession or office of one to three years, which, with knowledge of forgery or alteration, import, export, advertise or advertise, offer, display, band provide, expend, dispense, container, supply, including brokering, traffic, distribute or put on the market, any medications, active substances, excipients, accessories, sanitary products, elements or materials referred to in the previous article, and thereby generate a risk to the life or health of persons.

«The same penalties will be imposed to who buy them or have on deposit in order to allocate them for public consumption, the use by third parties or any other use that may affect public health.»

One hundred ninety-one. Is adds a new article 362 ter, that is drafted as follows: «which develop any document false or of content mendacious referred to any of them drugs, substances active, excipients, products health, accessories, elements or materials to is refers the paragraph 1 of the article 362, included its container, labeled and mode of employment, for commit or facilitate the Commission of one of them crimes of the article 362» shall be punished with the penalty of six months to two years in prison, a fine of six to twelve months and special disqualification for profession or trade from six months to two years."

One hundred and ninety-two. Added a new article 362 c, which is worded as follows: «superior in grade to the above penalties shall be imposed in articles 361, 362, 362 bis or 362 ter, when crime a party going to any of the following circumstances: 1 that the guilty be authority, official optional, professional, public health, teaching, teacher, physical or sports coach and do in the exercise of his office» profession or trade.

(2nd to medicaments, active substances, excipients, accessories, sanitary products, elements or materials referred to in article 362: to) had offered through media on a large scale; or (b) had been offered or provided to minors, people with disabilities need special protection, or especially vulnerable people in connection with the provided product.

3rd the culprit belonged to an organisation or criminal group that had as purpose the Commission of such offences.

«4th that them made were made in establishments open to the public by the responsible or employees of the same.»

One hundred and ninety-three. Added a new article 362 d, which is worded as follows: ' 1. which, without therapeutic justification, prescribe, supply, dispense, provide, manage, offer or supply to non-competitive sportspeople, not sportspeople who practice the sport for recreation, or athletes participating in competitions organised in Spain by sports organizations, substances or prohibited pharmacological groups as well as non-regulatory methods» intended to increase his physical abilities or to modify the results of competitions, which by their content, repetition of the intake or other attendant circumstances, endanger the life or health of them, will be punished with the penalties of imprisonment from six months to two years, a fine of six to eighteen months, and disqualification for employment or public office occupation or trade, of two to five years.

2. be imposed the penalties provided for in the preceding paragraph in its upper half when the offense a party going to any of the following circumstances: 1 the victim is underage.

2nd that were have employee deception or intimidation.

«3rd that the responsible it has prevalido of a relationship of superiority labour or professional.»

Hundred ninety and four. Is adds a new article 362 sexies, that is drafted as follows: «in them crimes expected in them articles previous of this chapter will be object of confiscation them substances and products to is refer them articles 359 and following, as well as them goods, media, instruments and gains with fastening to it willing in them articles 127 to 128.»

Hundred ninety and five. Amending article 366, which is worded as follows: «when in accordance with the provisions of article 31 bis a legal person is responsible for the offences set out in the preceding articles of this chapter, you will be assessed a penalty of a fine of one to three years, or twice to five times the value of the substances and products referred to in the articles 359 et seq. ' , or the benefit that had been obtained or could obtain, apply the amount that is highest.

«(Atendidas las reglas establecidas en el artículo 66 bis, los jueces y tribunales podrán asimismo imponer las penas recogidas en las letras b) g) of paragraph 7 of article 33.»

One hundred and ninety-six. Amending article 374, which is worded as follows: «in the offences set forth in paragraph second paragraph 1 of article 301 and 368-372 articles, in addition to the penalties corresponding to impose for the crime committed, shall be subject to confiscation toxic drugs, narcotics or psychotropic substances, equipment, materials and substances that referred to in article 371» as well as goods, media, instruments and gains subject to the provisions in articles 127 to 128 and the following special rules: 1st firm once the sentence, will proceed to the destruction of the samples that had departed, or the destruction of all of the seized, in the event that the competent judicial body had ordered its preservation.

2nd goods, media, instruments and profits permanently confiscated by ruling, which cannot be applied to the satisfaction of the civil responsibilities arising of the crime or of the costs, will be awarded entirely to the State.»

One hundred and ninety-seven. Amending article 375, which is worded as follows:


«Sentences of judges or foreign courts for offences of the same nature as those provided for in the articles 361 to the 372 of this chapter will produce the effects of recidivism, unless the criminal history has been cancelled or may be under the Spanish law».

One hundred and ninety-eight. Is modifies the article 376, that is drafted as continues: «in them cases expected in them articles 361 to 372, them judges or courts, reasoning it in the sentence, may impose the penalty lower in one or two degrees to it designated by the law for the crime of that is try, whenever the subject has abandoned voluntarily their activities criminal and has collaborated actively with them authorities or their agents well for prevent the production of the crime» to obtain decisive evidence for identification or capture of other responsible or to prevent the action or the development of organizations or associations which has belonged to or with whom he has collaborated.

Also, in the cases provided in the articles 368 to 372, judges or courts may impose less by one or two degrees worth the defendant who, being addict at the time of Commission of the offence, proof enough that it has successfully completed a cessation treatment, provided that the amount of toxic drugs, narcotics or psychotropic substances were not notorious important or extremely serious.»

Hundred ninety and nine. Amending article 378, which is worded as follows: «payments carried out by the punishable by one or more of the crimes referred to in the articles 361 to the 372 shall be charged for the following order: 1 to repair the damage caused and pay compensation. "

2nd to the compensation of the State by the amount of those expenses that is have made by its has in the cause.

3rd to the fine.

4th to the coasts of the accusing particular or private when is imposed in the sentence his payment.

5 to the other costs, including the defence of the accused, without preference among stakeholders."

Two hundred. Is modifies the article 386, that is drafted as follows: «1. will be punished with the penalty of prison of eight to twelve years and fine of the both to the tenfold of the value apparent of the currency: 1 which alter the currency or manufacture currency false.»

2. which insert into the country or export false or altered currency.

3rd which transport, expend or distribute false or altered currency with knowledge of its falsity.

2. If the currency false out put in circulation is imposed the penalty in its half top.

Holding, receiving or obtaining of false for issuance or distribution or circulation coin will be punished with the punishable in one or two degrees, according to the value of that and the degree of collusion with the forger, effector, introducer or exporter.

3. which having received of good faith coin false it expend or distribute after recorded you your falsehood will be punished with the penalty of prison of three to six months or fine of six to twenty-four months. However, if the apparent value of the coin did not exceed 400 euros, the penalty of a fine of one to three months will be imposed.

4. If the guilty strength belongs to a society, organization or association, even of character transient, that is dedicate to the realization of these activities, the judge or court may impose any or some of them consequences provided for in the article 129 of this code.

«5. when, in accordance with article 31 bis, a legal person is responsible for previous crimes, you will be assessed a penalty fine of three times to the tenfold of the apparent value of the currency.»

Two hundred one. Amending article 387, which is worded as follows: "for the purposes of the previous article, refers to coin the metal and paper money of legal tender, and that likely will be put into legal tender. Is deemed equivalent to the currency national them of other countries of the Union European and the foreign.

«Shall equally counterfeit currency that despite to be carried out in the facilities and legal materials, is carried out, knowingly, breach conditions of emission that has authority or is issued when there is no order of any emission.»

Two hundred two. Amending the second paragraph of article 389, which is worded as follows: «the purchaser in good faith of stamps of post or ringing effects that, knowing their falsehood, distribute them or use shall be punished with the penalty of imprisonment from three to six months or a fine of six to twenty-four months. However, if the apparent value of the seals or rings effects did not exceed 400 euros, the penalty of a fine of one to three months will be imposed."

Two hundred three. Amending article 400, that would be with the following wording: «manufacture, reception, obtaining or possession of tools, materials, instruments, substances, data and software, devices, safety devices, or other means specifically intended for the Commission of the crimes described in the previous chapters, shall be punished with the penalty indicated in each case for the authors.»

Two hundred four. It introduces a new article 402 bis, with the following wording: «which without being authorized to use public and unduly uniform, costume, or logo that attributed official will be punished with the penalty of a fine of one to three months.»

Two hundred five. Amending article 403, which is worded as follows: ' 1. who pursues a profession-specific acts without possessing the corresponding academic title issued or recognized in Spain in accordance with the legislation in force, shall incur the penalty of a fine of twelve to twenty-four months.» If developed professional activity requires an official certificate that accredits the necessary training and enable legally for their exercise, and it has not been in possession of that title, the penalty of a fine of six to twelve months will be imposed.

2 shall be liable to a term of imprisonment of six months to two years if concurriese any of the following circumstances: to) if the culprit, in addition, is attributing publicly the quality of professional covered by the referred title.

(b) if the culprit pursues the acts referred to in the preceding paragraph in a premises or establishment open to the public which is advertises services specific to the profession."

Two hundred six. Amending Article 404, which is drawn up in the following terms: «the authority or public official who knowingly its injustice, fictional arbitrary resolution in an administrative matter be punished with the penalty of special disqualification for public office or employment and the exercise of the right to stand as a candidate for time from nine to fifteen years.»

Two hundred seven. Amending article 405, which is worded in the following terms: «the authority or public official who, in the exercise of its competence and knowing of their illegality, planning involving the exercise, will appoints or gives possession for the exercise of certain public office to any person without that fulfilled the requirements legally established for this purpose, shall be punished him with penalties of a fine of three to eight months and suspension from employment or office for a time of one» «to three years.»

Two hundred eight. Is modifies the article 418, that is drafted in them following terms: «the particular that take advantage of for itself or for a third the secret or the information privileged that obtains of an official public or authority, will be punished with fine of the both to the triple of the benefit retrieved or eased and the loss of the possibility of get grants or aid public and of the right to enjoy of them benefits or incentives fiscal or of it security Social during the period» from one to three years. If serious harm to the public cause or for third party, the penalty shall be imprisonment from one to six years and the loss of the possibility of obtaining subsidies or State aid and the right to enjoy the benefits or tax or Social security during the period of six to ten years."

Two hundred and nine. Amending Article 419, which is worded in the following terms: «the authority or public official, in self-dealing or a third party, received or sought, by itself or by intermediary, gift, favour or remuneration of any kind or accepting their offer, or promise to perform an act contrary to the duties inherent to the same in the exercise of his office or for non-performance or unreasonably delay you should practice you will incur the penalty of imprisonment from three to six years, a fine of twelve to twenty-four months, and special disqualification for employment or charge for the exercise of the right to stand as a candidate for time from nine to twelve years, without prejudice to the punishment the act done, omitted or delayed because of pay or promise, if it is constitutive of the crime and public."

Two hundred and ten. Is modifies the article 420, that is drafted in them following terms: «the authority or official public that, in advantage own or of a third, received or sought, by itself or by person interposed, gift, please or retribution of any class or accepting their offering or promise for perform an act own of its charge, will incur in the penalty of prison of two to four years» «, fine of twelve to twenty-four months and disabling special for employment or charge public and for the exercise of the right of suffrage passive by time of five to nine years.»

Two hundred eleven. Amending article 423, which is worded as follows:


«In the preceding articles shall equally apply to jurors, arbitrators, mediators, experts, administrators or auditors appointed court, bankruptcy administrators or any persons involved in the exercise of public office.»

Two hundred twelve. Is modifies the article 424, that is drafted as follows: «1. the particular that should make offer or delivers gift or retribution of any another class to an authority, official public or person that participate in the exercise of it function public so perform an act contrary to them duties inherent to his charge or an act own of its charge, so not perform or delay which should practice» , or in consideration of their position or function, will be punished in their respective cases, with the same penalties of imprisonment and a fine to the authority, official or person corrupted.

2. when an individual giving the gift or retribution following a request from the authority, public official or a person who participates in the exercise of a public function, imposed you the same penalties of imprisonment and a fine corresponding to them.

3. If the performance got or alleged of the authority or official has relationship with a procedure of recruitment, of grants or of auctions convened by them administrations or entities public, is imposed to the particular and, in its case, to it society, Association u organization to constitutes it penalty of disqualification for get grants and aid public, for hire with entities bodies or entities that are part of the public sector and to enjoy benefits or tax and Social Security for a period of five to ten years."

Two hundred thirteen. Amending Article 427, which is drawn up as follows: «(Lo dispuesto en los artículos precedentes será también aplicable cuando los hechos sean imputados o afecten a: a) any person who holds an office or employment legislative, administrative or judicial of a country of the European Union or from any other foreign country, both appointment and election.»

(b) any person that exert a function public for a country of the Union European or any other country overseas, included a body public or a company public, for the Union European or for another organization international public.

(c) any official or other servant of the European Union or of a public international organization."

Two hundred fourteen. Is introduces a new article 427 bis, with the following wording: «(when in accordance with it established in the article 31 bis a person legal is responsible of them crimes collected in this chapter, is you imposed them following penalties: to) fine of two to five years, or of the triple to the quintuple of the benefit retrieved when the amount resulting was more high» If the crime committed by the individual plans to a term of imprisonment of more than five years.

(b) fine of one to three years, or twice the benefit earned quadruple when the resulting amount be higher, if the crime committed by the individual has planned more than two years of deprivation of liberty not included in the previous paragraph.

(c) fine of six months to two years, or of the double to the triple of the benefit retrieved if the amount resulting was more elevated, in the rest of the cases.

«(Atendidas las reglas establecidas en el artículo 66 bis, los jueces y tribunales podrán asimismo imponer las penas recogidas en las letras b) g) of paragraph 7 of article 33.»

Two hundred fifteen. Is modifies the article 428, that is drafted as follows: «the official public or authority that influyere in another official public or authority prevaliendo is of the exercise of them powers of its charge or of any another situation derived of its relationship personal or hierarchical with this or with another official or authority for get a resolution that you can generate direct or indirectly a benefit economic for itself or for a third» , you will incur penalties of imprisonment from six months to two years, fine of both to the double of the persecuted or obtained benefit and special disqualification for public office or employment and the exercise of the right to stand as a candidate for time of five to nine years. «If obtains the benefit pursued, these penalties are imposed in her half top.»

Two hundred sixteen. Amending article 429, which is worded as follows: «the individual who influyere in a public official or authority prevaliendo of any situation arising from his personal relationship with this or other public official or authority to get a resolution that can generate direct or indirectly a profit for himself or for a third party, shall be punished with imprisonment from six months to two years fine both to the double of the benefit pursued or obtained, and prohibition to contract with public sector, as well as the loss of the possibility of obtaining subsidies or State aid and the right to enjoy benefits or tax and Social Security for a time from six to ten years. «If obtains the benefit pursued, these penalties are imposed in her half top.»

Two hundred seventeen. Is modifies the article 430, that is drafted as follows: «which, offering is to perform them behaviors described in them two articles earlier, request of third gifts, present or any other remuneration, or accept offering or promise, will be punished with the penalty of prison of six months to a year.» If the crime is committed by authority or official public is you will impose, in addition, the penalty of disqualification special for cargo or employment public and for the exercise of the right of suffrage passive by time of one to four years.

When in accordance with it established in the article 31 bis a person legal is responsible of the crimes collected in this chapter, is you will impose the penalty of fine of six months to two years.

«(Atendidas las reglas establecidas en el artículo 66 bis, los jueces y tribunales podrán asimismo imponer las penas recogidas en las letras b) g) of paragraph 7 of article 33.»

Two hundred eighteen. It suppresses the article 431.

Two hundred nineteen. Amending article 432, which is worded as follows: ' 1. the authority or public official who commits the crime of article 252 on public property, shall be punished by a term of imprisonment of two to six years, special disqualification for office or public employment and the exercise of the right to stand as a candidate for time of six to ten years. "

2. be imposed the same penalty to the authority or public official who commits the crime of article 253 on public property.

3 imposed prison sentences of four to eight years and disqualification for ten or twenty years time if the facts referred to in the two previous issues has crowded any of the following circumstances: a) has had caused serious damage or obstacle to the public service, or b) caused injury or property value or appropriate effects exceeds 50,000 euros.

If the value of damage caused or goods or appropriate effects exceeds 250,000 euros, it will impose the penalty in its upper half, being able to reach the top in degree.»

Two hundred and twenty. Amending article 433, which is worded as follows: «the facts referred to in the preceding article shall be punishable by a penalty of imprisonment from one to two years and fine of three months and a day to twelve months, and in any case special disqualification for office or public employment and right to stand as a candidate for time of one to five years When damage caused or appropriate values or the value of the goods is less than 4,000 euros.»

Two hundred twenty-one. Amending Article 434, which is drawn up in the following way: «If guilty of any of the events set forth in this chapter has been repaired so full and effective damage to public property, or had actively collaborated with the authorities or their agents to obtain evidence crucial to identification or capture of other decision makers or for full clarification of the criminal acts «, them judges and courts impose to the responsible of this offence the penalty lower in one or two degrees.»

Two hundred twenty-two. Is adds a numeral 4th to the article 435, with the following mention: «4th to them administrators bankruptcy, with relationship to the mass bankruptcy or them interests economic of those creditors.» «In particular, is considered affected them interest of the creditors when of way fraudulent is alter the order of payments of them credits established in the law.»

Two hundred twenty-three. It modifies the article 436, that is drafted as follows:


«It authority or official public that, intervening by reason of its charge in any of them acts of them modalities of hiring public or in liquidations of effects or assets public, is reach agreement on with them interested or used of any other artifice to defraud to any entity public, will incur in them penalties of prison of two to six years e disqualification special for employment or charge public and for the exercise of the right of suffrage passive by time of six» to ten years. «To the particular that is has concerted with the authority or official public is you will impose the same penalty of prison that to these, as well as it of disqualification for get grants and aid public, for hire with entities, agencies or entities that form part of the sector public and for enjoy of benefits or incentives fiscal and of it security Social by a time of two to seven years.»

Two hundred twenty-four. Is modifies the article 438, that is drafted as continues: «the authority or official public that, abusing of its charge, commits some crime of scam or of fraud of benefits of the system of Security Social of the article 307 ter, will incur in them penalties respectively designated to these, in your half top, can is get until it upper in grade, e disqualification special for employment or charge public and for the exercise of the right of suffrage passive by time of three to» nine years, except that the offences are punishable by a more severe penalty in any other provision of this code."

Two hundred twenty-five. Amending article 439, which is worded as follows: «the authority or public official, must intervene because of his position in any kind of contract, subject, operation or activity, take advantage of this circumstance to force or facilitate any form of direct participation or by intermediary in such business or performances, shall incur the penalty of imprisonment from six months to two years fine of twelve to twenty-four months and special disqualification for public office or employment and the exercise of the right to stand as a candidate for time of two to seven years."

Two hundred twenty-six. Is modifies the article 440, that is drafted as follows: «them experts, arbitrators and counters splitters that is law of the mode planned in the article previous, with regard to them goods or things in whose pricing, partition or award had intervened, and them tutors, curators or executors with regard to them belonging to their wards or probate, and them administrators bankruptcy with regard to them goods and rights integrated in it mass of the contest» they will be punished with the penalty of a fine of twelve to twenty-four months and disqualification for employment or public office, profession or trade, guards, guardianship or curatorship, depending on the case, by three to six years time, unless this behavior is punished with more in another article of this code."

Two hundred twenty-seven. Is modifies the article 441, that is drafted as follows: «the authority or official public that, out of them cases admitted in them laws or regulations, commits, by itself or by person filed, an activity professional or of advice permanent or accidental, low it dependency or to the service of entities private or of particular, in affair in that should intervene or has intervened by reason of its charge» «, in which they are processed, report or resolved in office or Executive Center in which is intended or which belongs, shall incur the penalties of suspension of employment or public office for a time of two to five years and fine of six to twelve months.»

Two hundred twenty-eight. Amending Article 442, which is worded as follows: «the authority or public official who makes use of a secret he has knowledge by reason of his office or position, or privileged information, with the aim of obtaining economic benefit for himself or for a third party, shall incur penalties of fine of the triple of the pursued benefit both obtained or provided and special disqualification for public office or employment and the exercise of the right to stand as a candidate for time of two to four years. If it obtains the benefit pursued the prison terms of one to three years, will be imposed fine of the both the manometer of the benefit pursued, obtained or provided and special disqualification for public office or employment and the exercise of the right to stand as a candidate for time of four to six years.

If serious harm to the public cause or third party, the penalty shall be imprisonment of one to six years, and special disqualification for public office or employment and the exercise of the right to stand as a candidate for time from nine to twelve years. «To the effects of this article is understands by information privileged all information of character concrete that is have exclusively by reason of the trade or charge public and that not has been notified, posted or disclosed.»

Two hundred twenty-nine. Amending the heading of chapter X of title Nineteenth of book II, which will have the following wording: chapter X 'Common to the previous chapters available' two hundred and thirty. Amending article 445, which will have the following wording: «provocation, conspiracy and proposition to commit the offences provided for in this title shall be punished, respectively, with one or two degrees lower penalty.»

Two hundred and thirty-one. Amending article 446, which is worded as follows: «the judge or magistrate who, knowingly unlawful sentence or unfair decision will be punished: 1 with imprisonment of one to four years if it's unfair judgement against the defendant in criminal case for serious or less serious offence and the sentence had not reached to run» , and with the same penalty on its upper half and a fine of twelve to twenty-four months if he was executed. In both cases shall be imposed, in addition, the penalty of disqualification for ten or twenty years time.

2. the penalty of a fine of six to twelve months and special disqualification for employment or public office for a time from six to ten years, if it were an unfair sentence against the accused dictated in process for slight offence.

3rd with the penalty of fine of twelve to twenty-four months and special disqualification for employment or public office for time from ten to twenty years, when issued to any other sentence or decision unjust.»

Two hundred thirty-two. Is modifies the paragraph 1 of the article 456, that is drafted as continues: «1. which, with knowledge of its falsehood or reckless contempt towards the truth, imputaren to any person made that, of be certain, would constitute infringement criminal, if this imputation is did before official judicial or administrative that have the duty of proceed to its investigation, will be sanctioned: 1 with the penalty of prison of six months to two years and fine of twelve to twenty-four months» If a serious crime is attributed.

2nd with the penalty of fine from twelve to twenty-four months, if is attributed a crime less serious.

3rd with the penalty of a fine of three to six months, if he is attributed a slight crime.»

Two hundred thirty-three. Added a paragraph 3 to article 468, with the following content: «3. those who disable or disrupt the normal operation of technical devices that had been arranged to control the enforcement of penalties, security measures or measures precautionary, not take them with you or omit enforceable measures to maintain its correct operating state, they will be punished with a penalty of a fine of six to twelve months.»

Two hundred thirty-four. Amending article 485, which will have the following wording: «1. which kills the King or the Queen or the Prince or the Princess of Asturias will be punished with permanent imprisonment revisable.»

2. which matare to any of them parent or descendants of the King or of the Queen, to the Queen Consort or to the consort of the Queen, to the Regent or to some Member of the Regency, will be punished with the penalty of prison of twenty to twenty-five years, unless them made were punished with a penalty more serious in some another precept of this code.

If standing in the offence two or more aggravating circumstances, the penalty of imprisonment from twenty-five to thirty years will be imposed.

3. in the case of attempt of these crimes can carry the penalty a degree lower.»

Two hundred thirty-five. Amending section 510, which is drawn up in the following way: «(1. Serán castigados con una pena de prisión de uno a cuatro años y multa de seis a doce meses: a) those who publicly encourage, promote or directly or indirectly inciting hatred, hostility, discrimination or violence against a group, a part thereof or against a person determined by reason of their membership in one» such racist, anti-Semitic or other related to ideology, religion or beliefs, family situation, membership of its members to an ethnic group, race or nation, national origin, gender, orientation or sexual identity, for reasons of gender, disease or disability.


(b) those who produce, develop, possess in order to distribute, provide access to third parties, distribute, disseminate or sell writings or any other kind of material or media enabling their content to encourage, promote, or directly or indirectly inciting hatred, hostility, discrimination or violence against a group, a part of the same, or against a person determined by reason of their membership in that such racist, anti-Semitic or other related to ideology, religion or beliefs, family situation, membership of its members to an ethnic group, race or nation, national origin, gender, orientation or sexual identity, for reasons of gender, disease or disability.

(c) publicly deny, trivialize badly or exalt them crimes of genocide, of against humanity or against them people and goods protected in case of conflict armed, or exalt to their authors, when is had committed against a group or a part of the same, or against a person determined by reason of their membership to the same, by reasons racist, anti-Semitic u others relating to the ideology religion or beliefs, family situation or membership of an ethnic group, race or nation members, national origin, gender, orientation or sexual identity, for reasons of gender, disease or disability, when in this way promotes or encourages a climate of violence, hostility, hatred or discrimination against them.

(2. will be punished with the penalty of prison of six months to two years and fine of six to twelve months: to) who injured the dignity of them people through actions that involve humiliation, contempt or discredit of any of them groups to is concerns the paragraph previous, or of a part of them same, or of any person determined by reason of its membership to them by reasons racist , anti-Semites or others relating to ideology, religion or beliefs, family situation, membership of an ethnic group, race or nation members, national origin, gender, orientation or sexual identity, for reasons of gender, illness or disability, or produce, develop, possess in order to distribute, provide access to third parties, distribute, disseminate or sell writings or any other kind of material or media enabling their content to injure the dignity of persons by represent a serious humiliation, contempt or discredit of any of the groups mentioned, of a part of them, or of any person determined by reason of its membership to them same.

(b) those who exalt or justify any means of public expression or broadcasting the crimes that had been committed against a group, a part of the same, or against a person determined by reason of their belonging to one due to racist, anti-Semitic or other related to ideology, religion or beliefs, family situation, membership of an ethnic group members , race or nation, its origin national, its sex, orientation or identity sexual, for reasons of gender, disease or disability, or to who have participated in its execution.

The facts will be punished with a sentence of one to four years of imprisonment and a fine of six to twelve months when in this way promotes or encourages a climate of violence, hostility, hatred or discrimination against the above-mentioned groups.

3. them penalties planned in them paragraphs previous is imposed in its half upper when them made is had led to out through a medium of communication social, by means of internet or through the use of technologies of it information, so, that is made accessible to a high number of people.

4 when the facts, in view of their circumstances, prove to be suitable for disturbing the public peace or create a serious feeling of insecurity or fear among the members of the group, the penalty shall be imposed in its upper half, which can be lifted to higher degree.

5. in all them cases, is will impose also it penalty of disqualification special for profession u trade educational, in the field teaching, sports and of time free, by a time upper between three and ten years to the of the duration of the penalty of deprivation of freedom imposed in his case in it sentence, attending proportionally to the gravity of the crime , the number of roles and circumstances that occur in the offender.

6. the judge or court shall agree destruction, erasure or non-use of books, files, documents, articles and any kind of support object by means of which has been committed or the crime referred to in the preceding paragraphs. When the crime is had committed through technologies of the information and the communication, is agreed the withdrawal of them contained.

In the cases in which, through a portal of internet access or service of the society of information, are disseminated exclusively or predominantly the contents referred to in the preceding paragraph, you will be ordered to block access or the interruption of the provision of the same.'

Two hundred thirty-six. Is introduces a new article 510 bis, with the following drafting: «when in accordance with it established in the article 31 bis a person legal is responsible of them crimes covered in them two articles earlier, is you will impose the penalty of fine of two to five years.» (Attended the rules established in article 66 bis, judges and courts may also impose penalties contained in the letters b) g) of paragraph 7 of article 33.

«In this case will be equally applicable it arranged in the number 3 of the article 510 of the code criminal.»

Two hundred thirty-seven. Amending article 511, which is worded as follows: ' 1. shall incur the penalty of imprisonment from six months to two years and the individual responsible for a public service who deny a person fine of twelve to twenty-four months and special disqualification for employment or public office for a time from one to three years a provision to which is entitled by reason of his ideology» , religion or beliefs, his belonging to an ethnic group or race, its origin national, its sex, orientation sexual, situation family, by reasons of gender, disease or disability.

2. the same penalties shall be applicable when the facts are committed against an association, Foundation, Corporation or corporation or its members on the basis of his ideology, religion or beliefs, membership of its 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 officials who commit any of the acts referred to in this article, shall incur the same penalties on its upper half and the of special disqualification for employment or public office for two to four years time.

4. in all cases shall be also worth of special disqualification for profession or trade education, in the field of teaching, sports and leisure, for longer than between one and three years for the duration of the penalty of deprivation of liberty imposed in his case in the judgment, proportionally according to the gravity of the offence and the circumstances that occur in the offender."

Two hundred and thirty-eight. Amending Article 512, which is worded as follows: «in the exercise of their professional or business activities denegaren a person a benefit to which it has entitled by reason of his ideology, religion or beliefs, membership of an ethnic group, race or nation, their sex, sexual orientation, family situation, for reasons of gender, disease or disability They shall incur the penalty of special disqualification for the exercise of profession, trade, industry or Commerce and special disqualification for profession or trade education, in the field of teaching, sports and free time for a period of one to four years."

Two hundred thirty-nine. Amending article 515, which is worded as follows: «are punishable the illicit, given such consideration: 1 that relate to commit a crime, or after constituted, promote its Commission.»

2. where, despite having intended a lawful purpose, employ means violent or alteration or personality to achieve control.

3rd paramilitary organizations.

4th that encourage, promote or directly or indirectly inciting hatred, hostility, discrimination or violence against individuals, groups or associations on grounds of their ideology, religion or beliefs, membership of its members or any of them to an ethnic group, race or nation, their sex, sexual orientation, family status, disease or disability."

Two hundred forty. Is modifies the article 550, that is drafted as follows: «1. are reos of attack which agredieren or, with intimidation serious or violence, opusieren resistance serious to the authority, to their agents or officials public, or them acometieren, when is hallen in the exercise of the functions of their charges or with occasion of them.»

In all case, is considered acts of attack them committed against them officials teaching or health that is hallen in the exercise of the functions own of your cargo, or with occasion of them.

2. those attacks will be punished with the penalties of prison of one to four years and fine of three to six months if the attack out against authority and of prison of six months to three years in them others cases.


3. However it planned in the paragraph above, if the authority against which is seeks out Member of the Government, of them tips of Government of them communities autonomous, of the Congress of them members, of the Senate or of them assemblies legislative of them communities autonomous, of them corporations local, of the Council General of the power Judicial, magistrate of the Court constitutional, judge magistrate or member of the public prosecutor's Office, shall be liable to the penalty of imprisonment of one to six years and a fine of six to twelve months."

Two hundred forty and one. Amending article 551, which is worded as follows: «superior in grade to the respectively provided for penalties shall be imposed in the preceding article provided that the attack is committed: 1 making use of weapons or other dangerous objects. "

2. When executed Act of violence is potentially dangerous for people's lives or may cause serious injury. In particular, are included the alleged of launch of objects blunt or liquids flammable, the fire and the use of explosive.

3rd undertaking to the authority, its agent or public official by making use of a motor vehicle.

4th when the facts are carried out during a riot, plante or collective incident inside a penitentiary."

Two hundred forty and two. Article 552 shall be deleted.

Two hundred forty and three. Amending article 554, which is worded as follows: ' 1. the facts described in the articles 550 and 551 will be also punished with sentences expressed in them when they were committed against a member of the armed forces who, dressed in uniform, were providing a service that had been legally entrusted to him. "

2. the same penalties is imposed to who equip, employ violence or intimidate to them people that come in help of the authority, its agents or officials.

3 also imposed the penalties of articles 550 and 551 to equip, employ violence or seriously intimidate: to) to firefighters or members of the medical personnel or rescue teams that were intervening on the occasion of an accident, public calamity or emergency situation, in order to prevent them from the exercise of its functions.

«(b) to the personal of Security private, properly identified, that develop activities of Security private in cooperation and under the command of the forces and bodies of security.»

Two hundred forty-four. The 555 article to be deleted.

Two hundred forty and five. Is modifies the article 556, that is drafted as follows: «1. will be punished with the penalty of prison of three months to a year or fine of six to eighteen months, which, without be included in the article 550, resistieren or desobedecieren seriously to the authority or their agents in the exercise of their functions, or to the personal of Security private» duly identified, to develop private security activities in cooperation and under the command of the forces and security corps.

2. those who lacks the respect and consideration due to the authority, in the exercise of their functions, shall be punished with the penalty of a fine of one to three months.»

Two hundred forty and six. Amending Article 557, which is worded as follows: ' 1. who acting in group or individually but covered in it, alteraren public peace running violence on people or things, or threatening to others to carry them out, will be punished with a sentence of six months to three years in prison. "

These penalties will be imposed notwithstanding that could correspond to specific acts of violence or threats that have been carried out.

«2. with them same penalties is punished to who acting on the group or its individuals inciting them to perform them actions described in the paragraph previous or reinforcing its available to carry them to out.»

Two hundred forty-seven. Is inserted a new Article 557 bis, with the following wording: «the facts described in the preceding article shall be punishable by a sentence of one to six years in prison when any of the following circumstances: 1 when one of the participants in the crime portare a weapon or dangerous instrument, or exhibits a simulated firearm.»

2nd when executed Act of violence is potentially dangerous for people's lives or may cause serious injury. In particular, the cases of release of blunt objects or flammable liquids, fire and the use of explosives are included.

3rd when the events are carried out in a demonstration or large meeting, or on the occasion of any of them.

4th when looting was carried out.

5th when the author of the fact prevaliera of his authority, agent of this or public official.

6th when they carried out with concealment of the face and thus the identification of the perpetrators is difficult.

These penalties will be imposed notwithstanding that could correspond to specific acts of violence, threats or looting which has been carried out.»

Two hundred forty and eight. Introduces a new Article 557 ter, with the following content: «1. those who, acting either in group or individually but covered in it, invade or occupy, against the will of its owner, the domicile of a legal person, public or private, office, office, establishment or local, but it is open to the public, and thereby cause a relevant disturbance of the public peace and their normal activity» they will be punished with a penalty of imprisonment from three to six months or a fine of six to twelve months, except that the facts were already punished with a more severe penalty in another article of this code.

2. the facts will be punished with higher grade penalty when the circumstances 1st, 3rd, 4th, or 5th of Article 557 bis.»

Two hundred and forty-nine. Amending article 559, which is worded as follows: «the distribution or public dissemination, by any means, messages or slogans that incite to the Commission of any of the offences of breach of the peace of Article 557 bis of the criminal code, or which serve to reinforce the decision to carry them out, shall be punished with a penalty of imprisonment from three months to one year or fine of three to twelve months.»

Two hundred fifty. Amending article 561, which is worded as follows: «who falsely claims or simulate a situation of danger to the community or the production of a loss as a result of which it is necessary to provide assistance to another, and thereby induce the mobilization of police, assistance or rescue services, shall be punished with the penalty of imprisonment of three months and one day to one year or a fine of three to eighteen months.»

Two hundred and fifty-one. Amending article 566, which is worded as follows: ' 1. those who manufactured, marketed or established deposits of weapons or ammunition not authorised by law or the competent authority shall be punished: 1 if it's weapons or munitions of war or chemical, biological, nuclear or radiological weapons or mines anti-personnel landmines or cluster munitions, with the term of imprisonment of five to ten years the promoters and organizers» , and the imprisonment of three to five years, which have cooperated to its formation.

2nd if is is of weapons of fire regulated or ammunition for the same, with the penalty of prison of two to four years them promoters and organizers, and with it of prison of six months to two years which have cooperated to your training.

3rd with the same penalties will be punished, in their respective cases, trafficking in weapons or munitions of war or defense, or chemical, biological, nuclear or radiological weapons or mines anti-personnel landmines or cluster munitions.

2. the penalties referred to in paragraph 1 shall be imposed to those who develop or use chemical, biological, nuclear or radiological weapons or mines anti-personnel landmines or cluster munitions, or initiate military preparations for their use or do not destroy them with violation of treaties or international conventions to which Spain is a party.»

Two hundred fifty and two. Amending paragraphs 1 and 2 of article 567, which are written as follows: ' 1. is considered deposit of weapons manufacturing, marketing or possession of any nuclear weapons, regardless of your model or class, even when they are in disassembled parts.» Chemical, biological, nuclear or radiological weapons or mine deposit is considered anti-personnel or manufacturing, marketing or holding the same cluster munitions.

The tank's weapons, in its marketing, includes both the acquisition and alienation.

2. are considered weapons of war those determined as such in the regulatory provisions of the national defence. Chemical, biological, nuclear or radiological weapons are considered to be, anti-personnel mines or cluster munitions the listed as such in the treaties or international agreements to which Spain is a party.

«Is understands by development of weapons chemical, biological, nuclear or radiological, mines anti-personnel or ammunition in cluster any activity consistent in the research or study of character scientific or technical aimed to the creation of a new weapon chemical, biological, nuclear or radiological, or mine antipersonnel or ammunition in cluster or the modification of a pre-existing.»

Two hundred fifty and three. It modifies the paragraph 1 of the article 570 bis, that is drafted as follows:


«1. who promoting, constituyeren, hold, coordinaren or überdas an organization criminal will be punished with the penalty of prison of four to eight years if that is by purpose u object the Commission of crimes serious, and with the penalty of prison of three to six years in them others cases;» and who actively participate in the Organization, belong to part of it or cooperate economically or in any other way with the same they will be punished with prison sentences of two to five years if any purpose the Commission of serious crimes, and the term of imprisonment of one to three years in all other cases.

«To the effects of this code is understands by organization criminal the grouping formed by more than two people with character stable or by time indefinite, that of way concerted and coordinated is dealt different tasks or functions to commit crimes.»

Two hundred fifty and four. Is modifies the paragraph 1 of the article 570 ter, that is drafted as follows: «(1. who constituyeren, financiaren or integraren a group criminal will be punished: to) if the purpose of the group is commit crimes of them mentioned in the paragraph 3 of the article earlier, with the penalty of two to four years of prison if is is of one or more crimes serious and with it of one to three years of prison if is is of crimes less serious.»

(b) with the sentence of six months to two years in prison if the purpose of the group is to commit any other offence serious.

((c) with the penalty of three months to a year of prison when is try of committing one or several offences less serious not included in the paragraph to) or of the perpetration repeated of crimes mild.

For the purposes of this code means criminal group the union of more than two people that not fulfil one or more of the characteristics of the criminal organization set out in the previous article, has by purpose or object the concerted perpetration of crimes."

Two hundred and fifty-five. Amending paragraph 1 of the article 605, which is worded as follows: ' 1. which kills the head of a foreign State, or a different internationally protected by a treaty, which is present in Spain, will be punished with permanent imprisonment revisable.»

Two hundred fifty and six. Amending article 607, being drafted in the following way: «1. who, with intent to destroy totally or partially a national group, ethnic, racial, religious, or determined by the disability of its members, perpetraren any of the following acts, shall be punished: 1 with permanent imprisonment reviewable, if they kill any of its members.»

2. with permanent imprisonment reviewable, if they sexually assaulted any of its members or produce any of the injuries provided for in article 149.

3rd with the penalty of prison of eight to fifteen years, if submit to the group or to any of their individuals to conditions of existence that put in danger his life or disturb seriously its health, or when them produce some of them injury planned in the article 150.

4th with the same penalty, if they carry out forcible displacements of the group or its members, adopt any measure aimed at preventing its kind of life or reproduction, or forcibly relocate individuals from a group to another.

5 with it of prison of four to eight years, if produce any other injury different of them indicated in the numerals 2nd and 3rd of this paragraph.

2. in all cases be imposed also the penalty special disqualification for education, in the field of teaching profession or trade, sports and leisure, for longer than three to five years of the duration of the penalty of deprivation of liberty imposed in his case in the judgment, proportionally according to the gravity of the offence and the circumstances that occur in the offender."

Two hundred fifty and seven. Paragraphs 1 and 6 of paragraph 2 are modified and added a paragraph 3 in article 607 bis, which are written as follows: «1 with permanent imprisonment reviewable if they have caused the death of someone.» «» The forced disappearance of people worth 6 with twelve to fifteen years imprisonment. It means forced disappearance apprehension, detention or abduction or any other form of deprivation of liberty which are work of agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person subtracting it from the protection of the law."

«3. in all cases referred to in the preceding paragraph shall be imposed in addition penalty special disqualification for education, in the field of teaching profession or trade, sports and leisure, for longer than three to five years of the duration of the penalty of deprivation of liberty imposed in his case in the judgment, proportionally according to the gravity of the offence and the circumstances that occur in the offender.»

Two hundred and fifty-eight. Replacement of terms in the Penal Code.

1 all references contained in the organic law 10/1995 of 23 November, of the Penal Code, the terms 'unable' or 'unable' shall be replaced by the terms "person with disability in need of special protection" or "persons with disabilities need special protection".

2. all references contained in the organic law 10/1995 of 23 November, of the Penal Code, the term 'disability' shall be replaced by the term "disability."

Two hundred fifty-nine. Replacement of terms in the Penal Code.

1. all references contained in the organic law 10/1995 of 23 November, of the Penal Code, the King shall be replaced by the words "King or Queen".

2. all references contained in the organic law 10/1995 of 23 November, of the criminal code, the Crown Prince of the Crown shall be replaced by "Prince or Princess of Asturias".

Two hundred and threescore. Replacement of terms in the Penal Code.

«All the references contained in the law organic 10 / 1995, of 23 of November, of the code criminal, to the term "comisoˮ is replaced by the term" decomisoˮ. ""»

Provision additional first. Judicial authorization of sterilization.

Sterilization that referred to the second article 156 of the criminal code must be authorized by a judge in the procedure of modification of capacity or a contradictory procedure later, at the request of the legal representative of the person on whose sterilization is resolved, heard the opinion of two specialists and the public prosecutor's Office, and after consideration by the judge of the person concerned who lack the capacity to give consent.

Provision additional second. Instruction and prosecution of the minor offences.

Instruction and the prosecution of minor crimes committed after the entry into force of this Act shall be conducted in accordance with the procedure laid down in Book VI of the law of Criminal Procedure, whose precepts will adapt to this reform in everything what is necessary. Statements contained in the procedural laws to absences shall be referred to the minor offences.

Third additional provision. Rules for the exercise of the grace of pardon.

The Government sent semiannually to the Congress a report on the granting and refusal of pardons. For the presentation of data contained in the report, and upon review of the same, a senior official of the Ministry of Justice will request his appearance before the Justice Commission of the Congress of the deputies.

First transitional provision. Applicable law.

1. the crimes and misdemeanours committed until the day of the entry into force of this Act will be judged in accordance with the criminal legislation in force at the time of its Commission. The foregoing shall apply, however this law, once it comes into force, if the same provisions are more favourable to the accused, even if the facts had been committed prior to its entry into force.

2. to determine whatever the law most favorable be taken into account the penalty that would correspond to the fact prosecuted with the application of the full rules of the code in the previous wording and the resulting code of the reform operated by this law and, where appropriate, the possibility of imposing security measures.

3. in any case, will be heard the defendant.

Second transitional provision. Review of sentences.

1. the General Council of the judiciary, in the field of competences that credited with article 98 of the organic law 6/1985, of 1 July, the judiciary, shall assign the review of firm sentences issued before the entry into force of this Act to one or several of the courts of the criminal or sections of the provincial hearings dedicated regime of exclusivity to the execution of sentences in criminal.


Such judges or courts will proceed to review them sentences firm and in which the punishable is fulfilling effectively the penalty, applying the available more favorable considered limited and not by the exercise of the discretion judicial. In the custodial sentences shall not be more favourable this law when the duration of the previous sentence to the fact with their circumstances is also taxable under this reform of the code. Is excepted case that this law contains for the fact the alternative provision of a non-custodial sentence; in such case, shall review is the sentence.

2. not statements that the fulfilment of the penalty is suspended, without prejudice to do so where the suspension is revoked and before the effective implementation of the suspended penalty will be revised.

Same rule applies if the punished is on probation.

Nor is reviewed them sentences in that, with arrangement to the drafting former of them articles of the code and to the present reform, appropriate exclusively penalty of fine.

3 not be reviewed sentences in which the penalty is executed or suspended, although slopes run other pronouncements of the failure, as well as the already fully executed, are notwithstanding that the judge or court that, in the future, could be taken into account for the purposes of recidivism should examine previously if the fact they punished has ceased to be a crime or might be entitled to one penalty less than that imposed on their day , according to this law.

4. in the event of a partial pardon, sentences will not be revised when the resulting penalty that is fulfilling the convicted person is included in a lower taxable concerning this law.

Third transitional provision. Rules of invocation of the rules applicable in matters of resources.

In the sentences according to the law that repealing and are not firm because they are pending appeal, shall be observed, once the period of vacatio, following rules: to) if it is an appeal, the parties may invoke and the judge or court shall apply ex officio the precepts of the new law, when they are more favourable to the accused.

(b) If is is of a resource of Cassation, still not formalized, the recurrent may noted them violations legal based is in the precepts of the new law.

(c) If, interposed appeal, was progress, will be passed back to the appellant, ex officio or upon request, for a period of eight days, so fit, if it considers it, the grounds of appeal alleged to the precepts of the new law, and the appeal thus modified will teach stakeholders, the Prosecutor and the judge rapporteur , continuing the proceedings in accordance with law.

Fourth transitional provision. Trials of failures in processing.

1. the processing of the processes for non-initiated before the entry into force of this Act, by facts which are typified as misdemeanours, will continue to progress in accordance with the procedure laid down for the trial of faults in Book VI of the law of Criminal Procedure.

2. the processing of the processes for non-initiated before the entry into force of this law by acts which are by it decriminalized or subject to the regime of prior complaint, and carrying about a possible civil liability, they will continue to their normal completion, except that the legitimized this move expressly not wanting to exercise civil actions that assist you , in whose case will proceed to the file of it acted, with the seen of the Ministry tax.

If it will continue processing, judge limited the content of the judgment to the pronouncement on civil responsibilities and costs, ordering the execution in accordance with provisions in the Criminal Procedure Act.

Sole repeal provision.

1. is repealed the book III of the law organic 10 / 1995, of 23 of November, of the code criminal.

2. are repealed few provisions are opposed to it envisaged in this law organic.

Available end first. Modification of the law of June 18, 1870, rules for the exercise of the grace of pardon.

Is adds an available additional to the law of 18 of June of 1870, of rules for the exercise of the grace of pardon, with the following content: «the Government sent semiannually to the Congress of them members a report on the award and refusal of pardons.» «For the presentation of them data contained in the cited report, and prior review of the same, a high charge of the Ministry of Justice will request his appearance before the Commission of Justice of the Congress of them members.»

Second final provision. Modification of the law of prosecution Criminal approved by Royal Decree of 14 of September of 1882, by which is approved the law of prosecution Criminal.

Is modifies the law of prosecution Criminal approved by Royal Decree of 14 of September of 1882 in those terms following: one. Amending the number 1 and the letter d) number 5 of article 14, which happen to have the following wording.

«1. for the knowledge and judgment of trials for slight offence, the magistrate, unless competition corresponds to the judge of violence on women in accordance with the number 5 of this article. ' «» «(d) knowledge and judgment in the prosecution for offences classified in the second subparagraph of paragraph 7 of article 171, second subparagraph of paragraph 3 of article 172 and paragraph 4 of article 173 of the organic law 10/1995 of 23 November, of the criminal code, when the victim is any person designated as such in the letter a) of this section.»

Two. Article 105, which happens to have the following wording is changed.

«1. the officials of the public prosecutor's Office shall be required to exercise, in accordance with the provisions of the law, all criminal consider coming, beech or actions not accusing particular in causes, less those that the Penal Code reserved exclusively to the private lawsuit.»

2. on crimes prosecution at the request of the aggrieved person may also denounce the public prosecutor's Office if it is minor, person with a disability requiring special protection or destitute.

The absence of complaint shall not prevent proceedings to prevention practice.»

Three. Paragraph 3 of article 367 ter, which is drawn up is modified as follows: "3. the provisions of the preceding two paragraphs shall also apply to effects operated in relation to offences against intellectual and industrial property.» You can also proceed to its early destruction once such effects have been examined pericialmente, ensuring the conservation of the samples that are necessary to ensure further checks or inquiries, unless the judicial authority agreed through reasoned ruling full conservation in time one month from the request of destruction.»

Four. Is modify them paragraphs 2 and 3 of the article 367 quater, that are written as follows: «2. when concur any of them alleged planned in the paragraph previous, the judge, of trade or to instance of the Ministry Fiscal, of them parts or of the Office of recovery and management of active, and prior audience of the interested, agreed the realization of them effects judicial» (, unless if any of the following circumstances: to) is pending of resolution the resource interposed by the interested against the however or confiscation of them goods or effects.

(b) the measure may be disproportionate, in view of the effects that might be for the person concerned and, especially, of the greater or lesser relevance of evidence in that resolution it had founded precautionary seizure.

«3. Notwithstanding the provisions of the preceding paragraphs, when the is good is arrested in execution of an agreement adopted by a foreign judicial authority in application of the law of mutual recognition of criminal decisions in the European Union, its realization may not carry out without previously obtaining the permission of the foreign judicial authority.»

5. Amending paragraph 3 of the article 367 d, which is drawn up in the following way: «3. the realization of the legal effects will be carried out in accordance with the procedure determined by law. " However, prior to agree it shall be granted audience to the public prosecutor's Office and stakeholders.

The product of the realization of the effects, goods, instruments and gains will apply to expenditures that had caused in the conservation of the property and the procedure of realization of the same, and the overhang be credited to the account of appropriations of the Court or tribunal, and affects the payment of civil responsibilities and costs that are declared , where appropriate, in the procedure. You can also assign total or partially in a definitive way, under the terms and by the procedure according to the rules established, to the Office of recovery and asset management and of the public prosecutor's Office bodies responsible for the Suppression of activities of criminal organizations. All of this without prejudice to the provisions for the Fund of assets confiscated by illicit drug trafficking and other related crimes.

«In the case of a well performing embargoed or seized by order of a foreign judicial authority shall apply the provisions of the law of mutual recognition of criminal decisions in the European Union.»


6. Is modifies the article 367 sexies, that is drafted of the following mode: «(1. may authorize is it use provisional of them goods or effects confiscated cautiously in them following cases: to) (when fulfilled them circumstances expressed in them lyrics b) (to f) of the paragraph 1 of the article 367 quater, and the use of them effects allow to the Administration a use of its value greater that with the realization early» , or not to be from the early realization of the same.

(b) in the case of effects especially suitable for the provision of a public service.

2. when concur any of them alleged planned in the paragraph earlier, the judge, of trade or to instance of the Ministry Fiscal or of the Office of recovery and management of active, and prior audience of the interested, shall authorize the use provisional of them effects judicial, unless concur any of them circumstances expressed in the paragraph second of the paragraph 2 of the article 367 quater.

3 it shall be for the Office of recovery and asset management resolve, in accordance with legal and according to the rules, on the allocation of the use of the confiscated effects cautiously and conservation measures which should be adopted. «The Office will report to the judge or court, and to the tax, of which had agreed.»

7. Is modifies the article 367 septies, that is drafted of the following mode: «the judge or court, of trade or to instance of the Ministry Fiscal or of it own Office of recovery and management of active, may entrust the location, the conservation and the administration of them effects, goods, instruments and gains from of activities criminal committed in the frame of an organization criminal to the Office of recovery and management of active.»

The Organization and functioning of the Office shall be regulated by law.»

8. Is modifies the header of the Book VI of the law of prosecution Criminal, that is drafted of the following mode: «BOOK VI of the PROCEDURE FOR THE TRIAL ON CRIMES MILD» nine. Amending paragraph 1 of the article 962, which is drawn up as follows: ' 1. where the Judicial Police has notice of a fact that present the characters of crime mild injury or mistreatment of work, of flagrant, threats, coercion or libel theft, whose prosecution corresponding to the magistrate's Court that the statement is to be delivered or to another of the same judicial party» , will proceed of form immediate to quote before the Court of guard to them offended and handicapped, to the complainant, to the reported and to them witnesses that can give reason of them made. When making the citation apercibirá mentioned persons from the respective consequences do not appear before the Court on duty. Also, is les apercibirá of that can celebrate is the trial of form immediate in the judged of guard, even though not appear, and of that have of appear with them means of test of that try to assert is. To the complainant and to the offended or harmed them shall be informed of their rights in the terms laid down in articles 109, 110 and 967.

At the time of citation is ask them to designate, if they have them, a direction of electronic mail and a telephone number which will be sent communications and notifications which are to be. «If not them could facilitate or it request expressly, the notifications les will be sent by email ordinary to the domicile that designate.»

10. Amending article 963, which is worded as follows: ' 1. received the certificate as provided in the preceding article, if the judge finds from the initiation of the trial, shall take one of the following resolutions: 1st remember the closure of the procedure and the file of the proceedings as requested by the public prosecutor in view of the following circumstances» ((: a) slight crime reported is very low gravity in the light of the nature of the fact, circumstances, and the staffs of the author, and b) there is a relevant public interest in the prosecution of the fact. The economic misdemeanours, means that public interest relevant to their persecution there is no when repair of the damage has been, and there is no complaint from the injured party.

In this case it shall immediately the suspension of the trial all those who had been cited in accordance with paragraph 1 of the preceding article.

The closure of the procedure shall be notified to the offended by the crime.

2nd agreed the immediate holding of the trial in the case that these people have appeared or that, having not appeared any of them, the Court reputare unnecessary presence. Also, to agree the immediate holding of the trial, the Court on duty shall take into account if it should prove impossible the practice of some means of test deemed essential.

2. to agree on the immediate conclusion of judgment, you will need the issue corresponds to the Court on duty under the rules of competition and sharing.»

Eleven. Amending article 964, which is drawn up in the following way: «1. in cases not covered by article 962, when the Judicial Police has notice of a fact that present a slight crime characters, will become immediately the corresponding statement which will be sent without delay to the Court on duty. " The overcrowded will collect the diligences practiced, as well as the offering of shares to the victim or injured party, practiced in accordance with articles 109, 110 and 967, and designation, if they have them, an email address and a phone number to which communications and notifications will be sent which are to be. If they could not provide them or request it expressly, notifications will be remitted to them by mail to the address you designate.

2 received the certificate as provided for in the preceding paragraph, and in all those cases in which the procedure has been started under complaint directly by the aggrieved party before the judicial body, the judge may take any of the following resolutions: to) remember the closure of the procedure and the file of the proceedings when it is coming under the provisions of the paragraph 1 of paragraph 1 of the preceding article.

The resolution of discontinuance shall be notified to the offended by the crime.

(b) agree to hold immediate judgment if, still identified the defendant, is possible to summon all the people who should be convened so that they appear while the guard service and comply with other requirements of the 963 article.

3. citations will be made to the public prosecutor's Office, except that the slight offence is indictable only upon request, to the complainant or complainant, if any, the defendant and the witnesses and experts that could give reason for the facts. To practice the citations, apercibirá mentioned persons from the respective consequences do not appear before the Court on duty, it will inform them that the trial may be held although not attend, and will be indicated that they must appear, with evidence that try to use. The actions referred to in paragraph 2 of the article 962 is also practiced with the respondent.»

12. Amending paragraph 1 of the article 965, which is worded as follows: ' 1. where the trial is not possible during the service, the following rules shall be followed: 1 if the judge deems that the competence for the prosecution corresponds to the own magistrate's Court and that not be the dismissal pursuant to the paragraph 1 of paragraph 1 of the article 963» the court clerk will proceed in any case pointing to the trial and from citations for the next possible business day within the defaults for this purpose, and in any event within a period not exceeding seven days.

2nd if the judge deems that the competence for the prosecution corresponds to another court, the court clerk will send you the proceedings so is appropriate to carry out the trial pointing and subpoenas pursuant to the provisions of the above rule.»

13. Amending article 966, which is drawn up in the following way: «citations for the trial referred to in the previous article will be made to the public prosecutor to the Prosecutor or complainant, if any, the defendant and the witnesses and experts that could give reason for the facts.

To this end, be asked to each of them in his first appearance before the Judicial police or the coroner that designate, if they have them, a direction of electronic mail and a telephone number which will be sent communications and notifications which are to be. If they could not provide them or request it expressly, notifications will be remitted them by mail to the address you designate."

Fourteen. Amending paragraph 1 of the article 967, which is drawn up in the following way: «1. in citations that are made to the complainant, to the offended or harmed and the accused to the conclusion of the trial, they informed about it may be assisted by counsel if they so wish and must attend the trial with evidence that try to avail themselves.» The summons of the accused will accompany copy of the complaint or the complaint that has been filed."


15. Amending paragraph 2 of the article 969, which is worded as follows: ' 2. the Prosecutor will attend trials for slight offence provided that they be quoted.» However, the Attorney General will give instructions about the cases in which, in accordance with the public interest, prosecutors could leave to attend the trial and issue the reports referred to in articles 963.1 and 964.2, where persecution of the minor crime requires the complaint of the injured party or harmed. In these cases, the statement of the complainant in judgment stating the facts will have value of accusation, although not qualify them or point penalty.»

Sixteen. Is modifies the paragraph 2 of the article 973, that is drafted as follows: «2. the sentence is shall notify to them offended and handicapped by the crime slight, although not is have shown part in the procedure.» The notice shall set forth from appeals against the decision communicated, as well as the deadline for its presentation and judiciary who should stand.»

Seventeen. Amending paragraph 3 of the article 976, which is worded as follows: ' 3. the judgement of appeal shall be notified to the wronged and harmed by the slight offence, although they have not been party to the proceedings. "

Eighteen. Is introduces a new paragraph fourth in the article 990, with the following drafting, remaining equal the rest of the article: «in them alleged of crimes against it Hacienda public, smuggling and against it security Social, them organs of fundraising of it administration tax or, in its case, of it security Social, will have competition for investigate, low it supervision of the authority judicial» the heritage that can be on the payment of the civil responsibilities arising from the offence, exercise the powers provided for in the tax legislation or Social Security, send reports on the patrimonial situation and bring to the attention of the judge or court any modifications of the circumstances that may have knowledge and which are relevant to that judge or court to resolve on the execution of the penalty its suspension or revocation of the same."

Third final provision. Modification of the organic law 5/1995, of 22 may, the Court of the jury.

Suppresses the letter e) paragraphs 1 and 2 of article 1 of the organic law 5/1995, of 22 may, the Court of the jury. ((((((((((((((The letters f), g), h), i), j), k) and l) of the paragraph 2 of the article 1 pass to be e), f), g), h), i), j) and k).

Available to finish fourth. Modification of the law 23/2014, on 20 November, of mutual recognition of criminal decisions in the European Union.

Is adds a provision additional fourth to the law 23 / 2014, of 20 of November, of recognition mutual of resolutions criminal in the Union European, with the following content: «provision additional fourth.» Execution of judgments of confiscation by authorities of third States not members of the European Union.

When, in execution of a resolution of confiscation dictated by the authority competent of a State not member of the Union European, is agreed by them judges or courts Spanish the confiscation of goods, values or effects that is hallen in Spain, the cast of them same is take to out of the following mode: 1 if the value of them goods values and confiscated effects, deducted the expenses incurred for their location, management and conservation, is less than $ 10,000, they awarded entirely to the Spanish State and the destination is determined by law or by regulations will be given.

2nd in the rest of them cases, discounted them expenses made for its location, management and conservation, will correspond to the State of emission the 50 by 100 of the value of them goods, values and effects confiscated when the resolution of confiscation has been dictated by the authority competent of a State that has guaranteed reciprocity to Spain.

The rest of the assets, values and confiscated effects will be awarded to the Spanish State, which will give them the destination is determined by law or by regulation.

3rd it provisions in the paragraph above will be only applicable in default of agreement between the United of Spain and the State requesting.

(4th will be assets, securities or effects forfeited in the following way: to) if it's money, the amount concerned will be transferred to the requesting State.

(b) if it is of goods, securities or effects of another nature, they will be transferred to the requesting State, where it is appropriate, unless the seizure resolution had referred to an amount of money and the requesting State may not be displayed as; It will proceed to its sale in accordance with the procedure determined by regulation, and transferred the cash obtained, once discounted costs of execution, to the requesting State, in the part that corresponds. When none of the above two procedures can be applied, shall be in accordance with any other procedure authorized legal or regulations.

5 when the execution of the confiscation order to be affected members of the Spanish historical heritage assets, in no event will proceed to its disposal or return to the issuing State. «In such so-called, the confiscation will be immediately communicated to them authorities Spanish competent and will be of application the provisions of the law 16 / 1985, of 25 of June, of the heritage historical Spanish and its normative of development.»

Fifth final provision. Regulatory development.

It enables Government to approve specific regulations to regulate the structure, organization, operation and activities of the Office of recovery and asset management.

Available to finish sixth. Incorporation of European Union law.

This law are incorporated into Spanish law: to) the Decision Framework 2008/913/JHA of the Council of November 28, 2008, on combating certain forms and expressions of racism and xenophobia by means of criminal law.

(b) directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009, which establishes minimum standards on sanctions and measures applicable to employers of irregular third country nationals.

(c) directive 2011/93/EU of the European Parliament and of the Council, of 13 of December of 2011, concerning the fight against sexual abuse and the 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 of and fight against trafficking in human beings and the protection of victims.

(e) Directive 2013/40/EU of the European Parliament and Council on August 12, 2013, on attacks against information systems and which replaced the Decision 2005/222/JHA Council framework.

(f) directive 2014/42/EU of the European Parliament and of the Council, on April 3, 2014, the seizure and confiscation of the instruments and proceeds of crime in the European Union.

(g) the directive 2014/62/EU of the European Parliament and of the Council, on May 15, 2014, on the criminal-law protection of the euro and other currencies against counterfeiting.

Available to finish seventh. Provisions with character of Act ordinary.

Have character of law ordinary them paragraphs fifty and four to sixty and eight of the article only, them provisions additional first, second and third, the provisions transitional third and fourth and them provisions late first, second, fourth and fifth of the present law organic, as well as the article 128 of the law organic 10 / 1995, of 23 of November, of the code criminal.

Disposal the eighth. Entry in force.

The present law organic will enter in force the 1 of July of 2015.

Therefore, command to all them Spanish, particular and authorities, that observe and do save this law organic.

Seville, 30 of March of 2015.

PHILIP R.

The President of the Government, MARIANO RAJOY BREY