Law 2/2015, 30 March, Amending The Organic Law 10/1995 Of 23 November, Of The Penal Code Relating To Crimes Of Terrorism.

Original Language Title: Ley Orgánica 2/2015, de 30 de marzo, por la que se modifica la Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal, en materia de delitos de terrorismo.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3440

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 the resolution of the Security Council of Nations United 2178, approved on September 24, 2014, reflects the deep concern of the international community by the upsurge in terrorist activity and the intensification of the call to commit attacks in all regions of the world. In the catalogue of measures that constitute the part operative of this resolution appears in the sixth point a reminder of resolution 1373 (2001), under which all Member States must ensure the prosecution of any person who participates in the financing, planning, preparation or Commission of terrorist acts or support such acts. After this reminder, 2178 resolution calls on States that they ensure that their laws and other internal legislation creating serious crimes that are sufficient so they can prosecute and punish terrorist behaviour described, so that it is properly reflected the gravity of the offence.

Them actions terrorist to which alludes in detail the resolution 2178 constitute the maximum exponent of them new threats that the terrorism international poses to them societies open and that intend to put in risk them pillars in which is based the State of right and the frame of coexistence of them democracies of the world whole.

International Court jihadist terrorism is characterized, precisely, has incorporated those new forms of aggression, consisting of new recruitment, training or indoctrination in hatred, instruments for use in cruel way against all those who, in their extremist ideology and violent, they are qualified as enemies. These new threats should, therefore, be fought with the tool more effective that the Democrats can use facing the fanaticism totalitarian of them terrorist: the law.

This terrorism is characterized by its vocation to international expansion, through charismatic leaders who spread their messages and slogans via the internet and, especially, through the use of social networks, making public a message of extreme cruelty that aims to cause terror among the population or part of it and doing appealed to its followers from around the world to commit attacks.

The recipients of these messages can be individuals that, after their radicalization and indoctrination, try to perpetrate attacks against them objectives designated, including attacks suicide.

No less important is the phenomenon of displaced terrorist combatants who choose to join the ranks of international terrorist organizations or their subsidiaries in any of the scenarios of conflict that the jihadists are participating, singularly, Syria and Iraq. This phenomenon of terrorist fighters displaced is, at this moment, one of the biggest threats to the security of the entire international community and of the European Union in particular, every time they move to train in handling arms and explosives, acquire the necessary training and put under the command of terrorist groups.

The experience of the fight against terrorism in Spain has allowed us to have effective criminal legislation in the response to terrorism by bands armed as ETA or the GRAB, namely, terrorist groups United around one or several leaders, with clear organizational structure, distribution of roles within the Organization and hierarchy relations defined and undertaken by the members of the terrorist group. The response criminal to the terrorism are articulated, therefore, in the sanction of who belonged, acted to the service or collaborating with organizations or groups terrorist. The axis of the criminal treatment of terrorism was, therefore, the definition of the organization or terrorist group and the classification of those behaviors that those who committed were in them or somehow lent their cooperation.

The criminal code should not, under any circumstances, lose that perspective of criminalization of behaviour articulated around organizations or terrorist groups, but it is clear that new threats require the updating of the rules to accommodate the phenomenon of individual terrorism and behaviors that constitute the main concern of the international community, in line with the resolution the United Nations Security Council 2178 aforementioned.

This Act 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 against such serious crimes response includes, in addition to already known forms of terrorism, which come from new threats.

Chapter VII of title II of organic law 10/1995, of 23 November, of the Penal Code, XXII of the book is divided into two sections and includes the articles 571 to 580.

1st section header is "of organizations and terrorist groups" and maintains the same logic punitive regulation until now existing, establishing the definition of organization or terrorist group and the penalty that corresponds to those who promote, constitute, organize or direct these groups or those who are integrated into them.

It section 2.a carries by header «of them crimes of terrorism» and begins with a new definition of crime of terrorism in the Article 573 that is inspires in the Decision frame 2002 / 475 / JAI of the Council of the Union European, of 13 of June of 2002, on the fight against the terrorism, modified by the Decision frame 2008 / 919 / JAI , November 28, 2008. The definition States that the Commission of any felony against the legal assets listed in paragraph 1 constitutes the crime of terrorism when you carry out any of the purposes specified in article: l.ª) subverting the constitutional order, or delete, or seriously disrupt the functioning of political institutions or the economic or social structures of the State , or oblige public authorities to perform an act or to refrain from doing so; (2) alter seriously the peace public; 3.a) seriously destabilizing the functioning of an international organization; 4th) provoke a State of terror in the population or a part of it.

Article 573 bis establishes the penalty that corresponds to each crime of terrorism, on the basis of that if it causes the death of a person shall apply the prison sentence for a maximum laid down in the criminal code.

Article 574 provides typing all those behaviors related to tank weapons and explosives, manufacture, traffic, supply or mere placement or use of them, when you pursue the purposes listed in paragraph 1 of the Article 573. Contains in particular the aggravation of the penalty in the case of weapons, nuclear, radiological, chemical or biological devices or substances, or any other similar destructive power.

Article 575 typifies the indoctrination and training military or combat or in the management of all kinds of weapons and explosives, including specifically the indoctrination and passive training, with special mention of which is done through the internet or communication services accessible to the public, which demands to be considered crime, a habitual note and an element finalist that is to be directed to join a terrorist organization , collaborate with it or pursue their purposes. Also is typifies in this precept the phenomenon of them fighters terrorist foreigners, this is, who to integrate is or collaborate with an organization terrorist or to commit a crime of terrorism is move to the foreigner.

Article 576 establishes the penalty for conduct related to the financing of terrorism including who, by any means, directly or indirectly, seek, acquire, possess, use, convert, transmit or perform any other activity with goods or securities of any kind, with the intention to use, or knowing that it will be used, in whole or in part to commit any of the offences covered by this chapter. The classification includes reckless forms of Commission of the offence, as the negligent omission of the emanating duties of the regulations on money laundering and the financing of terrorism prevention.

Article 577 collects the criminalization and punishment of forms of collaboration with organizations, groups, or terrorist elements, or that they are directed to commit a crime of terrorism. Referred specifically to the actions of recruitment and recruitment to the service organizations or terrorist purposes, aggravating the penalty when targeting minors, people in need of special protection or women victim of trafficking.


In articles 578 and 579 is punished the glorification or justification public terrorism, acts of disrepute, contempt or humiliation of victims, as well as the dissemination of messages or slogans to incite the Commission of terrorist crimes to others. In it typing of these behaviors is has especially consideration the so-called in that is commit through the broadcasting of services or content accessible to the public through media of communication, internet, or by means of services of communications electronic or through the use of technologies of it information, articulating, also, the possibility of that them judges can agree as measure precautionary it withdrawal of these contained.

Article 579 bis adds, whenever given the circumstances listed in this precept, disqualification penalties and novel worth of special disqualification for profession or trade education, in the areas of teaching, sports and leisure, for longer than six-twenty years of the duration of the penalty of deprivation of liberty imposed in his case in the judgment. Also, is provides the possibility of attenuation of the penalty to who have abandoned voluntarily their activities criminal and collaborate with them authorities, and also in the event that the made is objectively of less gravity, attended the average employee or the result produced.

Finally, Article 580 provides that in all terrorism offences, conviction of a judge or foreign court will be equated to the rulings of the judges or Spanish courts for the purposes of application of the aggravating circumstance of recidivism.

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

Amending chapter VII of title XXII of book II of the organic law 10/1995 of 23 November, of the Penal Code, which is drawn up in the following terms: «CHAPTER VII of organizations and groups section 1 of terrorism offences and terrorist organizations and terrorist groups article 571.»

To them effects of this code is considered organizations or groups terrorist those groups that, gathering them features respectively established in the paragraph second of the paragraph 1 of the article 570 bis and in the paragraph second of the paragraph 1 of the article 570 ter, have by purpose or by object the Commission of some of them crimes typified in the section following.

Article 572.

1. those who promote, constitute, organize or lead an organization or terrorist group will be punished with prison sentences of eight to fourteen years, and disqualification for employment or public office for time from eight to fifteen years.

2. who participate actively in the organization or group, or formed part of them, will be punished with the penalties of prison of six to twelve years and disqualification special for employment or cargo public by time of six to fourteen years.

Section 2 of the crimes of terrorism Article 573.

1. is considered crime of terrorism it Commission of any crime serious against the life or the integrity physical, it freedom, it integrity moral, it freedom e indemnity sexual, the heritage, them resources natural or the environment, it health public, of risk catastrophic, fire, against the Crown, of attack and tenure, traffic and deposit of weapons, ammunition or explosive, planned in the present code , and the seizure of aircraft, ships or other means of transport or goods, when they will be held with any of the following purposes: 1st subverting the constitutional order, delete or seriously disrupt the functioning of political institutions or the economic or social structures of the State, or oblige public authorities to perform an act or to refrain from doing so.

2nd alter seriously the peace public.

3rd seriously destabilize the operation of an international organization.

4th provoke a State of terror in the population or a part of it.

2. is considered equally crimes of terrorism them crimes computer established in them articles 197 bis and 197 ter and 264 to 264 quater when them made is committed with any of the purposes to which is refers the paragraph previous.

3. Likewise, the rest of the offences set forth in this chapter shall be regarded as terrorist crimes.

Article 573 bis.

1. them crimes of terrorism to which is refers the paragraph 1 of the article previous will be punished with the following penalties: 1st with the of prison by the time maximum planned in this code if is cause the death of a person.

2nd the imprisonment from twenty to twenty five years when, in cases of kidnapping or unlawful detention, don't give reason for the whereabouts of the person.

3rd with the of prison of fifteen to twenty years if is cause an abortion of the article 144, is produce lesions of them typed in them articles 149, 150, 157 or 158, the kidnapping of a person, or havoc or fire of them planned respectively in them articles 346 and 351.

4th with ten to fifteen years of prison if it will cause any other injury, or stops illegally, threatened or coaccionara a person.

5th and the penalty provided for the offence committed in its upper half, being able to reach the higher degree, when they were of any of the offences referred to in paragraph 1 of the preceding article.

2. the penalties shall be imposed in its upper half if the acts were committed against the persons mentioned in paragraph 3 of the article 550 or against members of the forces and security forces or the armed forces or public employees who provide service in penitentiary institutions.

3. the terrorist offences referred to in paragraph 2 of the preceding article shall be punished with the penalty of higher degree than expected respectively in the corresponding articles.

4. the public disorder offence under Article 557 bis, as well as the crimes of rebellion and sedition, when committed by an organization or group terrorist or individually but covered therein, shall be punished with the penalty of higher degree than expected for such offences.

Article 574.

1. the deposit of weapons or ammunition, possession or deposit substances or devices, explosive, flammable, incendiary or asphyxiating, or of its components, as well as their manufacture, traffic, transportation or supply of any form, and the mere placement or use of such substances or means or appropriate devices, will be punished with a prison term of eight to fifteen years when the acts are committed with any of the purposes expressed in paragraph 1 of article 573. 2. Shall be the penalty of ten to twenty years of imprisonment in the case of weapons, nuclear, radiological, chemical or biological devices or substances, or any other similar destructive power.

3 they will be also punished with ten to twenty years of imprisonment who, with the same purposes indicated in paragraph 1, to develop chemical or biological weapons, take, possess, transported, help others or handled nuclear materials, materials or radioactive elements or ionizing radiation-producing equipment.

Article 575.

1 shall be punished with imprisonment of two to five years who, in order to enable them to carry out any of the offences established in this chapter, to receive indoctrination or military or combat training or development techniques of chemical or biological weapons, production or preparation of substances or devices, explosive, flammable, incendiary or asphyxiating , or are specifically intended to facilitate the Commission of such offences.

2. with the same penalty shall be punished who, with the same purpose of training is to commit any of the offences set forth in this chapter, carry out itself any of the activities referred to in the preceding paragraph.

Means that he commits this offence who, to that end, go regularly to one or more accessible to the public online communication services or content accessible through the internet or an electronic communications service whose contents are directed or are suitable for joining an organization or terrorist group, or to collaborate with any of them or at their ends. The facts shall be committed in Spain when the content is accessed from the Spanish territory.

Also means that commits this offence who, with the same purpose, purchase or have in their possession documents which are aimed, or by its content, they are suitable for joining an organization or terrorist group or to collaborate with any of them or at their ends.

3. the same penalty is imposed to who, for that same end, or to collaborate with an organization or group terrorist, or to commit any of them crimes covered in this chapter, is move or set in a territory foreign controlled by a group u organization terrorist.

Article 576.

1. will be punished with the penalty of prison of five to ten years and fine of the triple to the fivefold of its value which, by any medium, direct or indirectly, seek, purchase, possess, use, convert, transmit or perform any another activity with goods or values of any class with the intention of that is used, or to knowing of that will be used , in all or partly, to commit any of those offences included in this chapter.


2. If the goods or values is put effectively to available of the responsible of the crime of terrorism, is may impose the penalty upper in grade. If they came to be used for the execution of specific terrorist acts, the fact shall be punished as co-author or complicity, as the case may be.

3. in the event that it conduct to is refers the paragraph 1 is had led to out attempting against the heritage, committing extortion, falsehood documentary or through it Commission of any other crime, these is punished with the penalty top in grade to which les corresponds, without prejudice of impose also which appropriate according to them paragraphs earlier.

4 which specifically be subject by law to cooperate with the authority in the prevention of the financing of terrorism activities take place, for negligence in the performance of such obligations, which is not detected or prevented any of the acts described in paragraph 1 shall be punishable by the one or two degrees lower than provided for in it.

(5. when, in accordance with it established in the article 31 bis, a person legal is responsible of them crimes established in this article is you imposed the following penalties: to) fine of two to five years if the crime committed by the person physical has planned a penalty of prison of more than five years.

(b) a fine of one to three years if the crime committed by the individual has planned more than two years of deprivation of liberty not included in the previous letter.

((Served them rules established in the article 66 bis, them judges and courts can also impose the penalties provided for in them lyrics b) to g) of the paragraph 7 of the article 33.

Article 577.

1 it will be punished with the penalties of imprisonment from five to ten years and a fine of eighteen to twenty-four months to carry out, seek or facilitate any act of collaboration with the activities or the purposes of an organization, group or terrorist element, or to commit any of the offences covered by this chapter.

In particular are acts of collaboration it information or surveillance of people, goods or facilities, it construction, conditioning, assignment or use of accommodation or deposits, the concealment, foster care or transfer of people, the Organization of practices of training or the assistance to them, the provision of services technological, and any another form equivalent of cooperation or helps to them activities of them organizations or groups terrorist groups or persons referred to in the preceding paragraph.

When information or surveillance of persons referred to in the preceding paragraph endanger life, physical integrity, freedom or the heritage of the planned punishment in this section shall be imposed in its upper half. If is produced the injury of any of these goods legal is punished the made as co-authored or complicity, according to those cases.

2. them penalties planned in the paragraph previous is imposed to who carry to out any activity of catchment, indoctrination or training, that is directed or that, by its content, is ideal for incite to incorporate is to an organization or group terrorist, or to commit any of them crimes covered in this chapter.

Also imposed these penalties to those who provide training or instruction about the manufacture or use of explosives, firearms or other weapons or noxious or hazardous substances, or methods or techniques especially suited for the Commission of any of the offences in Article 573, with the intention or knowledge that they will be used for this purpose.

Penalties shall be imposed in its upper half, being able to reach the higher degree, when the acts provided for in this section had been directed to minors or people with disabilities need special protection or women victims of trafficking in order to turn them into spouses, companions or sex slaves of the authors of the crime, without prejudice to impose that also coming for crimes against sexual freedom.

3. If the collaboration with them activities or them purposes of an organization or group terrorist, or in the Commission of any of them crimes covered in this chapter, is had produced by imprudence serious is imposed the penalty of prison of six to eighteen months and fine of six to twelve months.

Article 578.

1. the glorification or justification public of the offences covered by articles 572-577 or of those who have participated in its execution, or acts involving discredit, contempt or humiliation of the victims of terrorist offences or their families, will be punished with the penalty of imprisonment from one to three years and a fine of twelve to eighteen months. The judge also can agree in the sentence, during the period of time that he same point, any or some of them prohibitions planned in the article 57.

2. the penalties provided for in the preceding paragraph shall be imposed in its upper half when facts had been conducted through the dissemination of services or content accessible to the public through media, internet, or by means of electronic communications services or through the use of information technology.

3. when them made, to it view of their circumstances, are suitable for alter seriously the peace public or create a serious feeling of insecurity or fear to it society or part of she is will impose the penalty in its half upper, that may raise is until it top in grade.

4. the judge or court shall agree the destruction, erasure or non-use of books, files, documents, articles or other media by means of which the crime has been committed. When the offence has been committed through information and communication technologies the withdrawal shall be given content.

If the acts had been committed through services or content accessible through the internet or electronic communications services, the judge or court may order the withdrawal of the contents or services illegal. Secondarily, may order the accommodation providers who remove illegal content, search engines that suppress links pointing to them and to providers of electronic communications services that prevent access to the content or illegal services provided that if any of the following cases: to) when the measure is proportionate to the seriousness of the facts and the relevance of the information and necessary to prevent its spread.

(b) when are disseminated exclusively or predominantly the contents referred to in the preceding paragraphs.

5. the measures provided for in the preceding paragraph may also be agreed by the examining magistrate as a precautionary measures during the investigation of the cause.

Article 579.

1 will be punished with the one or two degrees lower than expected for the crime that which concerned by any means, publicly broadcast messages or slogans that have the purpose or which, by its content, are suitable to incite others to the Commission of any of the offences in this chapter.

2. the same penalty is imposed to which, publicly or to a concurrency of people, incite to others to the Commission of any of them crimes of this chapter, as well as to who request to another person that them kite.

3. other acts of provocation, conspiracy and proposition to commit any of the offences covered in this chapter is punishable also with one or two degrees lower penalty to which correspond respectively to the facts provided for in this chapter.

4. in the cases provided for in this rule, judges or courts may take the measures provided for in paragraphs 4 and 5 of the preceding article.

Article 579 bis.

1. the responsible of them crimes provided in this chapter, without prejudice of them penalties that correspond with arrangement to them articles preceding, will be also punished, attending proportionally to the gravity of the crime, the number of them committed and to them circumstances that converge in the delinquent, with them penalties of disqualification absolute, disqualification special for profession u trade educational, in them areas teaching Sport and free time, for longer than six-twenty years of the duration of the penalty of deprivation of liberty imposed in his case in the judgment.

2 You are impose condemned to severe deprivation of liberty by one or more of the offences covered by this chapter in addition the extent of probation of five to ten years and one to five years if the custodial sentence is less severe. However, in the case of a single crime that is not serious, and its author any offence for the first time, the Court may impose or not the probation measure, in response to less dangerous.

3. in the offences set forth in this chapter, judges and courts, reasoning in judgment, may impose the penalty of one or two degrees lower than indicated for the crime in question, when the subject has voluntarily abandoned their criminal activities, is present to the authorities confessing the facts that you have participated and actively collaborate with them to prevent the production of crime , or contributes effectively to obtain decisive evidence for identification or capture of other responsible or to prevent the action or the development of organizations, groups or other terrorist elements who belonged or that has collaborated.


4. the judges and courts, accordingly, according to the specific circumstances, may impose also worth one or two degrees lower than indicated in this chapter for the crime in question, when the fact is objectively less serious, attended the average employee or the produced result.

Article 580.

In all crimes of terrorism, conviction of a judge or foreign court will be equated to the rulings of the judges or Spanish courts for the purposes of application of the aggravating circumstance of recidivism."

First final provision. Modification of the law organic 6 / 1985, of 1 of July, of the power Judicial.

Modifies paragraph 4 e) 2 of article 23 of the organic law 6/1985, of 1 July, the Judicial Branch, which is worded as follows: «2nd procedure is directed against an alien who usually resides or is in Spain or not fulfil those requirements, cooperate with a Spanish or a foreigner residing or found in Spain «, for the Commission of a crime of terrorism;»

Available to finish second. Skill-related title.

This law is issued on exercise of the exclusive jurisdiction in criminal legislation, which attributes to the State the article 149.1.6. ª of the Constitution.

Third final provision. Entry into force.

The present law shall enter into force from July 1, 2015.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this organic law.

Seville, 30 of March of 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY