FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

The United Nations Security Council Resolution 2178, adopted on September 24, 2014, reflects the deep concern of the international community over the escalation of terrorist activity and the to intensify the call for attacks in all regions of the world. In the catalogue of measures constituting the operative part of this Resolution, a reminder of Resolution 1373 (2001) appears in point 6, under which all Member States must ensure the prosecution of all persons. to participate in the financing, planning, preparation or commission of acts of terrorism or to support such acts. Following this reminder, Resolution 2178 calls on States to ensure that their laws and other internal legislative instruments criminalize serious crimes that are sufficient for terrorist conduct to be prosecuted and punished. which are described in such a way that the seriousness of the offence is duly reflected.

The terrorist actions referred to in detail in Resolution 2178 constitute the maximum exponent of the new threats that international terrorism poses to open societies and which seek to put the pillars on which the rule of law and the framework of coexistence of the democracies of the entire world are based.

The international terrorism of jihadist court is characterized, precisely, for having incorporated these new forms of aggression, consisting of new instruments of capture, training or indoctrination in hatred, for to use them in a cruel manner against all those who, in their extremist and violent ideology, are qualified as enemies. These new threats must, therefore, be fought with the most effective tool that the Democrats can employ in the face of the totalitarian fanaticism of the terrorists: the law.

This terrorism is characterized by its vocation of international expansion, through charismatic leaders who spread their messages and slogans through the Internet and, especially, through the use of social networks, making This is a message of extreme cruelty that seeks to provoke terror in the population or part of it and call on its followers around the world to commit attacks.

The recipients of these messages may be individuals who, following their radicalization and indoctrination, attempt to perpetrate attacks against the targeted targets, including suicide bombings.

No less important is the phenomenon of displaced terrorist fighters who decide to join the ranks of international terrorist organizations or their affiliates in any of the war-fighting scenarios in which they The jihadists are participating, singularly, Syria and Iraq. This phenomenon of the terrorist fighters displaced is, at the moment, one of the greatest threats to the security of the entire international community and the European Union in particular, as they move to train in the weapons and explosives, acquire the necessary training and take the orders of the terrorist groups.

The experience of the fight against terrorism in Spain has enabled us to have effective criminal legislation in the response to terrorism by armed gangs such as ETA or the GRAPO, that is, terrorist groups. cohesive around one or more leaders, with clear organic structure, role-sharing within the organization and hierarchy relationships defined and assumed by the members of the terrorist group. The criminal response to terrorism was thus articulated in the sanction of those who belonged, acted in the service, or collaborated with terrorist organizations or groups. The axis of the criminal treatment of terrorism was, therefore, the definition of the terrorist organization or group and the classification of those behaviors that committed those who were integrated in them or, in some way, lent their collaboration.

The Penal Code should not, in any case, lose that perspective of the classification of the conduct articulated around terrorist organizations or groups, but it is evident that the new threats demand the updating of the regulations to accommodate the phenomenon of individual terrorism and the conduct that constitute the main concern of the international community, in line with the United Nations Security Council Resolution 2178 mentioned above.

This Organic Law amends Chapter VII of Title XXII of book II of the Organic Law 10/1995 of 23 November, of the Penal Code, in such a way that the rigor of the criminal response to such serious crimes includes, in addition to the forms of terrorism already known, which come from the new threats.

Chapter VII of Title XXII of book II of Organic Law 10/1995 of 23 November of the Criminal Code is divided into two sections and comprises Articles 571 to 580.

Section 1 leads by heading "From terrorist organizations and groups" and maintains the same punitive logic as the current regulation, establishing the definition of terrorist organization or group and the punishment that corresponds to those who promote, constitute, organize or direct these groups or those who are integrated into them.

Section 2.^a is under the heading "Of Terrorism Crimes" and begins with a new definition of the crime of terrorism in Article 573 that is inspired by the Council of the European Union Framework Decision 2002/475/JHA, of 13 June 2002 on the fight against terrorism, as amended by Framework Decision 2008 /919/JHA of 28 November 2008. The definition provides that the commission of any serious crime against the legal goods listed in paragraph 1 constitutes a crime of terrorism when it is carried out with one of the purposes specified in the same article: (l) Subvert the constitutional order, or to suppress or seriously destabilize the functioning of the political institutions or the economic or social structures of the State, or to compel the public authorities to carry out an act or to abstain from doing so; 2. Severely Disrupting Public Peace; 3.^a) Destabilising Seriously the operation of an international organisation; 4.) provoking a state of terror in the population or a part of it.

Article 573a establishes the penalty for each crime of terrorism, on the basis that if a person's death is caused, the prison sentence for the maximum time provided for in the Penal Code will be applied.

Article 574 establishes the classification of all conduct related to the deposit of arms and explosives, their manufacture, traffic, supply or the mere placement or use thereof, when the purposes listed in Article 573 (1). Particular consideration is given to the aggravation of the penalty in the case of nuclear, radiological, chemical or biological weapons, substances or apparatus, or any other of similar destructive power.

Article 575 typifies indoctrination and military or combat training or in the handling of all kinds of weapons and explosives, expressly including indoctrination and passive training, with particular reference to carries out through the Internet or through communication services accessible to the public, which requires, in order to be considered a crime, a note of habituality and a finalist element that is not other than to be aimed at joining a terrorist organization, collaborate with her or pursue her ends. The phenomenon of foreign terrorist fighters is also typified in this precept, which is, who to integrate or collaborate with a terrorist organization or to commit a crime of terrorism will move abroad.

Article 576 establishes the penalty for conduct related to the financing of terrorism, including to whom, by any means, directly or indirectly, it collects, acquires, owns, uses, converts, transmits or performs any other activity with goods or securities of any kind intended to be used, or in the knowledge that they will be used, in whole or in part, to commit any of the offences included in this Chapter. The classification includes the imprudent forms of commission of the crime, such as the negligent omission of the duties emanating from the regulations on money laundering and the prevention of the financing of terrorism.

Article 577 provides for the classification and punishment of forms of collaboration with terrorist organizations, groups or elements, or which are aimed at committing a terrorist offence. Recruitment and recruitment actions are specifically targeted at the service of terrorist organisations or purposes, making it worse when they target minors, people in need of special protection or women who are victims of trafficking.

Articles 578 and 579 are punishable by public terrorism, acts of disrepute, disparagement or humiliation of victims, as well as the spread of messages or slogans to incite others to the commission of terrorist offences. In the classification of these behaviors, special consideration is given to the assumption that they are committed through the dissemination of services or content accessible to the public through the media, the Internet, or through services of electronic communications or through the use of information technologies, in addition to the possibility that judges may agree as a precautionary measure to withdraw these contents.

Article 579a incorporates, in so far as the circumstances listed in that provision are concerned, the penalties of absolute disablement and the novel penalty of special disqualification for a profession or an educational profession, in the fields In the case of the Court of Justice of the European Union, the Court of First Instance held that the Court of Justice held that the Court of Justice held that the Court of First Instance held that In addition, it provides for the possibility of mitigating the punishment of those who have voluntarily abandoned their criminal activities and collaborate with the authorities, and also in the event that the fact is objectively of lesser seriousness, attended by the media employee or the result produced.

Finally, Article 580 provides that, in all terrorist offences, the conviction of a foreign judge or tribunal shall be equal to the judgments of the Spanish judges or courts for the purposes of application of the aggravating of recidivism.

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

Chapter VII of Title XXII of book II of Organic Law 10/1995 of 23 November of the Penal Code is amended, which is worded as follows:

" CHAPTER VII

Of terrorist organizations and groups and terrorist crimes

Section 1 of terrorist organizations and groups

Article 571.

For the purposes of this Code, terrorist organisations or groups shall be considered to be those groups which, together with the characteristics set out in the second subparagraph of Article 570 (1) (1) and in the the second subparagraph of Article 570 (1), for the purpose or purpose of the commission of any of the offences listed in the following section.

Article 572.

1. Those who promote, constitute, organize or lead a terrorist organization or group shall be punished with prison sentences of eight to fourteen years and special disablement for employment or public office for eight to fifteen years.

2. Those who will participate actively in the organization or group, or will be part of them, will be punished with prison sentences of six to twelve years and special disablement for employment or public office for ages of six to fourteen years.

Section 2. Of Terrorism Crimes

Article 573.

1. Commission of any serious crime against life or physical integrity, liberty, moral integrity, sexual freedom and indemnity, heritage, natural resources or the environment, health, or health shall be considered a crime of terrorism. public, of a catastrophic risk, of fire, of the Crown, of attack and of possession, traffic and deposition of arms, ammunition or explosives, as provided for in this Code, and the seizure of aircraft, vessels or other means of collective or of transport goods, when carried out with any of the following purposes:

1. Subvert the constitutional order, or suppress or seriously destabilize the functioning of the political institutions or the economic or social structures of the State, or compel the public authorities to carry out act or refrain from doing so.

2. Gravely Alter public peace.

3. Severely Destabilize the functioning of an international organization.

4. Uncause a state of terror in the population or a part of it.

2. The offences referred to in Articles 197 a and 197 b and 264 to 264 c shall also be regarded as terrorist offences where the facts are committed with one of the purposes referred to in the previous paragraph.

3. They shall also have the consideration of terrorist offences for the remainder of the offences listed in this Chapter.

Article 573a.

1. The terrorist offences referred to in paragraph 1 of the previous Article shall be punishable by the following penalties:

1. With the imprisonment for the maximum time provided in this Code if a person's death is caused.

2. With prison from twenty to twenty-five years when, in cases of kidnapping or illegal detention, you do not know of the whereabouts of the person.

3. With that of imprisonment of fifteen to twenty years if an abortion of article 144 was caused, injuries of the typified in the articles 149, 150, 157 or 158, the abduction of a person, or havoc or fire of the provided for in Articles 346 and 351 respectively.

4. With prison for ten to fifteen years if any other injury is caused, or illegally stopped, will threaten or coerce a person.

5. And with the penalty provided for the crime committed in its superior half, it is possible to reach the superior in grade, when it is any other of the crimes referred to in paragraph 1 of the previous article.

2. The penalties shall be imposed in their upper half if the facts were committed against the persons referred to in Article 550 (3) or against members of the Security Forces or the Armed Forces or against public employees. serve in prison institutions.

3. The offences of terrorism referred to in paragraph 2 of the previous Article shall be punishable by a higher penalty than that provided for in the relevant Articles.

4. The offence of public disorder provided for in Article 557a, as well as offences of rebellion and sedition, when committed by a terrorist organisation or group or individually but covered by them, shall be punishable by a higher penalty than the extent to which they are intended for such offences.

Article 574.

1. The deposit of arms or ammunition, the holding or deposition of explosive, flammable, incendiary or suffocating substances or devices, or of their components, as well as their manufacture, traffic, transport or supply in any form, and the mere placing or employment of such substances or appropriate means or artifices, shall be punishable by imprisonment of eight to 15 years when the facts are committed against any of the purposes set out in Article 573 (1).

2. Ten to twenty years ' imprisonment shall be imposed in the case of nuclear, radiological, chemical or biological weapons, substances or apparatus, or any other of similar destructive power.

3. They shall also be punished with the penalty of 10 to 20 years ' imprisonment who, for the same purposes as referred to in paragraph 1, develop chemical or biological weapons, or take over, possess, transport, supply to others or manipulate materials. nuclear, radioactive elements or material or equipment producing ionising radiation.

Article 575.

1. It will be punishable by imprisonment of two to five years who, in order to be able to carry out any of the crimes defined in this Chapter, receive indoctrination or military training or combat, or in techniques of the development of chemical or biological weapons, the development or preparation of explosive, flammable, inflammatory or suffocating substances or devices, or specifically intended to facilitate the commission of any such offence.

2. With the same penalty it will be punished to whom, for the same purpose of training to commit any of the crimes typified in this Chapter, carry out by itself any of the activities foreseen in the previous section.

It is understood that it commits this offence who, for that purpose, regularly access one or more accessible online communication services or content accessible via the Internet or from a service of electronic communications whose contents are intended or are suitable for inciting the incorporation of a terrorist organisation or group, or for collaborating with any of them or for their purposes. The facts shall be construed as being committed in Spain when the contents are accessed from the Spanish territory.

It is also understood that it commits this offence who, for the same purpose, acquires or has in its possession documents which are directed or, by its content, are suitable for inciting the incorporation into an organization or group terrorist or to collaborate with any of them or in their ends.

3. The same penalty shall be imposed on those who, for the same purpose, or to collaborate with an organisation or terrorist group, or to commit any of the offences included in this Chapter, move or establish in a foreign territory controlled by a terrorist group or organisation.

Article 576.

1. It shall be punishable by imprisonment of five to ten years and a fine of three times the value of the value of the value of which, by any means, directly or indirectly, it collects, acquires, owns, uses, converts, transmits or carries out any other activity with property or values of any kind intended to be used, or knowingly to be used, in whole or in part, to commit any of the offences included in this Chapter.

2. If the goods or securities are effectively made available to the person responsible for the crime of terrorism, the higher penalty may be imposed. If they become employees for the execution of specific terrorist acts, the event will be punished as co-authorship or complicity, as the case may be.

3. In the event that the conduct referred to in paragraph 1 has been carried out against the estate, committing extortion, falsification or the commission of any other offence, the latter shall be punishable by a higher penalty than the extent to which it is appropriate, without prejudice to the imposition of such measures in accordance with the preceding paragraphs.

4. The fact that it is specifically subject to the law to collaborate with the authority in the prevention of the activities of financing of the terrorism of place, for imprudence serious in the fulfillment of these obligations, that it is not detected or prevented any of the conduct described in paragraph 1 shall be punishable by a penalty of less than one or two degrees as provided for in paragraph 1.

5. Where, in accordance with Article 31a, a legal person is responsible for the offences defined in this Article, the following penalties shall be imposed:

a) Multa from two to five years if the offence committed by the natural person has a prison term of more than five years.

b) Multa from one to three years if the offence committed by the natural person has a penalty of more than two years imprisonment not included in the letter above.

Served by the rules laid down in Article 66a, the judges and courts may also impose the penalties provided for in points (b) to (g) of Article 33 (7

.

Item 577.

1. He shall be punished by imprisonment of five to ten years and a fine of eighteen to twenty-four months for which he carries out, collects or facilitates any act of collaboration with the activities or purposes of an organisation, group or element. terrorist, or to commit any of the crimes included in this Chapter.

In particular, the information or surveillance of persons, property or facilities, the construction, conditioning, disposal or use of lodgings or deposits, the concealment, acceptance or transfer of persons, the organisation of training practices or assistance to them, the provision of technological services, and any other equivalent form of cooperation or assistance to the activities of terrorist organisations or groups, groups or persons referred to in the preceding paragraph.

Where the information or surveillance of persons referred to in the preceding paragraph endangers the life, physical integrity, liberty or property of persons, the penalty provided for in this paragraph shall be imposed above. If the injury of any of these legal goods occurs, the fact is punished as co-authorship or complicity, depending on the cases.

2. The penalties provided for in the previous paragraph shall be imposed on those who carry out any recruitment, indoctrination or training activities which are directed or which, by virtue of their content, are suitable for the purpose of joining an organisation or terrorist group, or to commit any of the crimes included in this Chapter.

Such penalties shall also be imposed on those who provide training or instruction on the manufacture or use of explosives, firearms or other harmful or dangerous weapons or substances, or on methods or techniques in particular appropriate to the commission of any of the offences of Article 573, with the intention or knowledge that they will be used for this purpose.

The penalties will be imposed in their upper half, with the upper half being able to reach the upper half, when the acts provided for in this paragraph would have been addressed to minors or persons with disabilities in need of special protection or women victims of trafficking in order to turn them into spouses, female partners or sex slaves of the perpetrators, without prejudice to the imposition of those who are also responsible for crimes against sexual freedom committed.

3. If collaboration with the activities or purposes of an organisation or terrorist group or in the commission of any of the offences falling within this Chapter has been caused by serious recklessness, the prison sentence of six to eighteen months and a fine of six to twelve months.

Article 578.

1. The establishment or public justification of the offences referred to in Articles 572 to 577 or of those who have participated in its execution, or the carrying out of acts involving disrepute, contempt or humiliation of the victims of the terrorist offences or their relatives, will be punished with the imprisonment of one to three years and fine of twelve to eighteen months. The judge may also agree in the judgment, during the period of time which he himself points out, some or some of the prohibitions provided for in Article 57.

2. The penalties provided for in the preceding paragraph shall be imposed in their upper half where the facts have been carried out by the dissemination of services or content accessible to the public by means of communication, the Internet, or by means of electronic communications services or through the use of information technologies.

3. When the facts, in the light of their circumstances, are ideal for seriously altering public peace or creating a serious feeling of insecurity or fear of society or part of it, the penalty will be imposed in its upper half, which may be lifted. to the top to grade.

4. The judge or tribunal shall agree to the destruction, erasure or inuse of the books, files, documents, articles or any other support by means of which the offence was committed. Where the offence has been committed through information and communication technologies, the withdrawal of the contents shall be agreed upon.

If the facts have been committed through services or content accessible through the Internet or electronic communications services, the judge or tribunal may order the removal of the illegal content or services. In the alternative, it may order accommodation service providers to remove illegal content, search engines to delete links to them and to providers of electronic communications services, which prevent access to illegal content or services provided that one of the following cases is present:

a) When the measure is proportionate to the severity of the facts and the relevance of the information and necessary to prevent its spread.

(b) Where the content referred to in the preceding paragraphs is exclusively or preponderantly disseminated.

5. The measures provided for in the previous paragraph may also be agreed by the investigating judge on a precautionary basis during the instruction of the case.

Article 579.

1. It shall be punishable under one or two degrees to the offence in question for the offence in question which, by any means, publicly disseminates messages or slogans which are intended or which, by virtue of its content, are suitable for inciting others to the commission of any of the crimes of this Chapter.

2. The same penalty shall be imposed on the person who, publicly or in the event of a person's attendance, encourages others to the commission of any of the crimes of this Chapter, as well as to those who request another person to commit them.

3. The other acts of provocation, conspiracy and proposition to commit any of the offences regulated in this Chapter shall also be punished with the lesser penalty in one or two degrees to which they correspond respectively to the facts provided for in this Chapter. Chapter.

4. In the cases provided for in this provision, the judges or courts may adopt the measures set out in paragraphs 4 and 5 of the previous Article.

Article 579a.

1. The person responsible for the offences provided for in this Chapter, without prejudice to the penalties corresponding to the preceding articles, shall also be punished, in proportion to the seriousness of the offence, the number of the tasks and the the circumstances of the offender, with the penalties of absolute disablement, special disqualification for a profession or an educational profession, in the teaching, sports and leisure fields, for a period of more than six to twenty years the duration of the penalty of deprivation of liberty imposed in his case in the sentence.

2. A person sentenced to a serious custodial sentence for one or more offences under this Chapter shall also be charged with a probation measure of five to ten years, and one to five years if the custodial sentence is less serious. Notwithstanding the foregoing, in the case of a single offence which is not a serious offence, and the author of the offence for the first time, the court may or may not impose the measure of probation, in the light of its minor danger.

3. In the offences provided for in this Chapter, the judges and courts, reasoning in judgment, may impose the penalty of less than one or two degrees on the offence in question, where the subject has voluntarily abandoned his or her criminal activities, present to the authorities confessing the facts in which they have participated and actively collaborate with them in order to prevent the production of the crime, or contribute effectively to the obtaining of decisive evidence for the identification or capture of others responsible or to prevent the action or development of organisations, groups or other terrorist elements to which it has belonged or with which it has collaborated.

4. The judges and courts, on the basis of the specific circumstances, may also impose a lower penalty of one or two degrees on the offence referred to in this Chapter for the offence in question, where the fact is objectively minor. severity, attended by the average employee or the result produced.

Item 580.

In all terrorist offences, the conviction of a foreign judge or tribunal shall be equated with the judgments of the Spanish judges or courts for the purposes of the application of the aggravation of recidivism. "

Final disposition first. Amendment of the Organic Law 6/1985, of July 1, of the Judiciary.

Paragraph 4 (e) 2. of Article 23 of Organic Law 6/1985 of July 1, of the Judicial Branch is amended, which is worded as follows:

" 2. º the procedure is directed against a foreigner who resides habitually or is in Spain or, without gathering those requirements, collaborate with a Spanish, or with a foreigner residing or in Spain, for the commission of a terrorist offence; "

Final disposition second. Competence title.

This law is dictated by the exercise of exclusive jurisdiction in criminal law that attributes to the State Article 149.1.6. of the Constitution.

Final disposition third. Entry into force.

This Organic Law will enter into force on July 1, 2015.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Seville, 30 March 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY