FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

I

Citizen security is the guarantee that the rights and freedoms recognized and protected by the democratic constitutions can be exercised freely by the citizenry and not mere formal declarations lacking in legal effectiveness. In this sense, citizen security is configured as one of the essential elements of the rule of law.

The social demands for citizen security are essentially aimed at the state, because a social conscience is appreciable that only this one can guarantee a scope of coexistence in which the exercise of the rights is possible and freedoms, by eliminating violence and removing obstacles to the fullness of those.

The Spanish Constitution of 1978 assumed the concept of citizen security (Article 104.1), as well as the concept of public security (Article 149.1.29. Subsequently, the doctrine and the jurisprudence have been interpreting, with nuances, these two concepts as synonyms, understanding for such the activity directed to the protection of persons and goods and the maintenance of the tranquility citizen.

It is in the light of these considerations how the idea of citizen security and related concepts should be interpreted, running away from generic definitions that justify an expansive intervention on citizens in Europe. Under the terms of the "indefinite" dangers, avoiding administrative discretion and generic sanctioning powers.

in order to guarantee citizen security, which is one of the priorities of the action of the public authorities, the model of the rule of law established by the Constitution has three mechanisms: an adequate legal system to respond to the various illegal phenomena, a Judicial Branch that ensures its implementation, and effective Security Forces and Bodies in the prevention and prosecution of violations.

In the framework of Article 149.1.29. of the Constitution and following the guidelines of the constitutional doctrine, this law aims to protect people and property and to maintain the peace of the citizens, and includes a plural and diversified set of actions, of different nature and content, oriented to the same purpose of the protected legal good. A significant part of its content refers to the regulation of security police interventions, the functions of the Security Forces and the Security Corps, although the material scope of what must be understood is not exhausted. public security, including other matters, including the law addresses the obligations of documentary registration or the adoption of security measures by natural or legal persons carrying out activities relevant to security citizen, or administrative control over weapons and explosives, among others.

II

The Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, constituted the first effort to address, from the perspective of constitutional rights and values, a code that collected the main actions and powers of the public authorities, especially the Security Forces and the Security Corps, in order to ensure the safety of the citizens.

However, several factors advise you to replace with a new text. The perspective that the course of time offers of the virtues and shortcomings of the legal norms, the social changes operated in our country, the new forms of putting at risk the safety and the tranquility of the citizens, the new contents that the social demands include in this concept, the imperative need to update the sanctioning regime or the desirability of incorporating the constitutional jurisprudence in this matter justify a legislative change.

Freedom and security constitute a key binomial for the proper functioning of an advanced democratic society, security being an instrument at the service of the guarantee of rights and freedoms and not an end in itself.

Therefore, any impact or limitation on the exercise of civil liberties for security reasons must be based on the principle of legality and the principle of proportionality in a triple dimension: a judgment of suitability of the limitation (for the attainment of the proposed objective), a judgment of necessity of the same (understood as non-existence of another measure less intense for the attainment of the same end) and a judgment of proportionality in the strict sense of the limitation (to derive from it a benefit for the public interest that justifies a certain sacrifice of the exercise of the right).

It is these considerations that have inspired the drafting of this Law, in an attempt to make compatible the rights and freedoms of citizens with the strictly indispensable interference in them to guarantee their security, without which your enjoyment would be neither real nor effective.

III

The Law, in accordance with constitutional jurisprudence, is part of a concept of citizen security that is understood as an activity aimed at the protection of persons and property and the maintenance of the tranquility of the citizens, which encompasses a plural and diversified set of actions, distinct by their nature and content, oriented to the same tuittive purpose of the legal good thus defined. Within this set of actions are the specific of the instrumental organizations destined for this purpose, in particular those corresponding to the Forces and the Security Corps, to which Article 104 of the Constitution entrusts to protect the free exercise of rights and freedoms and to guarantee citizen security. Alongside these police activities in the strict sense, the Law regulates aspects and functions attributed to other administrative bodies and authorities, such as documentation and identification of persons, administrative control of weapons, explosives, The invention also relates to the use of the invention in particular to the use of the same or to the use of the same. Law.

The Law is structured into five chapters divided into fifty-four articles, seven additional provisions, one transitional, one repeal and five endings.

Chapter I, after defining the object of the Law, gathers as new relevant new its aims and the guiding principles of the actions of the public authorities in the field of citizen security, cooperation interadministrative and the duty of collaboration of the authorities and public employees, the different police bodies, the citizens and the companies and the private security personnel, according to a comprehensive perspective of public safety. Among the aims of the Law are the protection of the free exercise of fundamental rights and public freedoms and the other rights recognized and protected by the legal system; the guarantee of the normal functioning of the institutions; the preservation not only of security, but also of tranquility and peaceful coexistence of citizens; respect for the laws in the exercise of rights and freedoms; the protection of persons and property, with special care for minors and persons with disabilities in need of special protection; peaceful use of roads and other demanial goods intended for public use and enjoyment; the guarantee of the normal provision of basic services for the community; and transparency in the conduct of public authorities in the field of security citizen.

Chapter II regulates the documentation and identification of Spanish citizens, the evidentiary value of the National Identity Document and the passport and the duties of the holders of these documents, incorporating the the possibilities of identification and electronic signature of the same, and maintaining the requirement to display them at the request of the agents of the authority in accordance with the provisions of the Law.

Chapter III enables the competent authorities to agree on different actions directed to the maintenance and, where appropriate, to the restoration of public tranquility in cases of public insecurity, regulating with accuracy of the budgets, purposes and requirements for carrying out these measures, in accordance with the principles, inter alia, of proportionality, minimum interference and non-discrimination.

In this regard, the powers of the authorities and the agents of the Security Forces and Corps are regulated in detail to dictate orders and instructions, for entry and registration in homes, requiring identification of persons, carry out checks and records in public places, establish traffic restrictions and controls on public roads, as well as other extraordinary measures in emergency situations that are essential to ensure security citizens (eviction of premises or establishments, prohibition of passage, evacuation of buildings, etc.). The measures to be adopted by the authorities to protect the holding of meetings and demonstrations are also regulated, as well as to restore the normality of their development in cases of changes in citizen security.

The relation of these security police powers is analogous to that contained in the Organic Law 1/1992, of 21 February, although, in guarantee of the rights of citizens who may be affected by their legitimate exercise on the part of the members of the Security Forces and Corps, the enabling budgets and the conditions and requirements of their exercise are more accurately outlined, in accordance with the constitutional case law. Thus, enabling agents of the Forces and Security Corps to practice identification on the public road is not justified in general-as in the Law of 1992-in the exercise of security protection functions. The Committee on the European Parliament's Committee on the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European the operators must comply with the principles of proportionality scrupulously, equal treatment and non-discrimination, and only in the event of refusal of identification, or if it cannot be carried out on the spot, the person may be required to accompany the officers to the nearest police offices where he/she can to make such identification, by informing it immediately and in an understandable manner of the purposes of the application for identification and, where appropriate, of the reasons for the request.

For the first time, external body records are regulated, which can only be performed when there are grounds to assume that they may lead to the finding of instruments, effects or other objects relevant to the exercise of the inquiry and prevention functions that entrust the Laws to the Security Forces and Corps. Such records, of a superficial nature, must cause the least harm to the dignity of the person, to be carried out by an agent of the same sex as the person on which the person is practised and, where the respect for privacy so requires, in a place reserved and out of the view of third parties.

Chapter IV, concerning the special powers of the administrative security police, regulates the administrative control measures that the State can exercise on the activities related to weapons, explosives, Cardboard and pyrotechnic articles.

Also, documentary registration obligations are established for activities relevant to citizen security, such as lodging, commercial access to telephone or telematic services for public use through establishments open to the public, the sale of jewelry and metals, objects or works of art, security locksmith or wholesale trade of scrap or waste products.

On the other hand, from the strict perspective of citizen security, the intervention regime of the competent authorities regarding public spectacles and recreational activities is contemplated, without prejudice to the powers of the autonomous communities and local authorities as regards their normal development.

Chapter V, which regulates the sanctioning regime, introduces relevant developments with respect to the Organic Law 1/1992, of 21 February. The wording of the chapter as a whole takes into account, as the Constitutional Court has repeatedly stated, that sanctioning administrative law and criminal law are, with nuances, manifestations of a single, punitive state of the State. Therefore, the Law is oriented to comply with the principles governing the administrative sanctioning power, singularly those of responsibility, proportionality and legality, in its two aspects, of formal legality or reserve of Law and material or typicality, without prejudice to the admission of regulatory collaboration for the specification of conduct and penalties in relation to offences established by law.

As for the authors of the conduct typified as infractions, the children under the age of fourteen are exempted from liability, in line with the law on the criminal liability of the child. It is also anticipated that when a person is declared an author of the acts committed a minor of eighteen years will not be emancipated or a person with the modified capacity judicially will respond jointly and severally with that of the damages caused by his parents, tutors, curators, welcoming or legal guarders or in fact.

In order to ensure proportionality in the imposition of the serious and very serious sanctions provided for in the Law, financial penalties are divided into three tranches of the same extent, giving rise to the minimum, average and (a) maximum of these and the aggravating circumstances and the graduation criteria to be taken into account for the individualisation of the pecuniary sanctions, thereby requiring a requirement of the principle of proportionality to be applied in the case-law-administrative case-law, but which has little reflection on the schemes Penalties that incorporate numerous rules of our administrative legal order.

With respect to the case of infractions, in the interest of a better adjustment to the principle of typicality, a cast of behaviors is introduced that qualify as mild, serious and very serious, these last ones absent from the Organic Law 1/1992, 21 February, which simply allowed the qualification of certain serious infringements as very serious according to the circumstances.

In addition to the violations established by the 1992 legislator, the law sanctions conduct that, without being a crime, seriously attacks citizen security, such as meetings or demonstrations prohibited in the country. places which have the status of infrastructure and facilities in which basic services are provided for the community and acts of intrusion into the community, where there is a risk to persons; the projection of beams of light on the drivers or pilots of means of transport at risk of causing an accident, or the conclusion of public shows or recreational activities in spite of the prohibition or suspension agreed by the authority for security reasons, among others. Similarly, conduct which represents an exercise beyond the right of assembly and manifestation, as well as the disturbance of the exercise of this fundamental right when they do not constitute a crime. Other infringements are intended to preserve the legitimate exercise of their functions by the authorities and their agents, as well as by the emergency services.

On the other hand, the reform in the processing of the Penal Code requires a review of the criminal offences of this nature that contained book III of the punitive code to incorporate in the administrative field some behaviors that, Otherwise, there will be impunity, such as certain changes in the public order, the lack of respect for the authority, the disluence of certain goods on the public road, or the release of dangerous animals. The offences provided for in the Organic Law 1/1992 of 21 February relating to the consumption of toxic drugs, narcotic drugs or psychotropic substances, to which others are added, are also included. It has been considered appropriate to punish behavior that atentoriums to the sexual freedom of persons, especially minors, or that disturb the coexistence of citizens or the peaceful enjoyment of public roads and spaces, all of them goods legal protection is part of the purpose of this Law for its collusion with citizen security.

With regard to sanctions, pecuniary payments are reordered and three tranches of the same extension are established, which give rise to the minimum, average and maximum levels of the penalties, although the amount of those that can be imposed by the The Commission's proposal for a Council Directive on the use of certain dangerous products for the use of certain dangerous products. It has also been envisaged that the offender, where appropriate, will be required to replace the damaged goods with their original situation or, where this is not possible, the compensation for the damage caused, as well as for others. areas in which an in-nature repair of the situation is required to be altered with the offending behaviour and, failing that, the satisfaction of an economic equivalent. In order to give appropriate treatment to the offences of minors under eighteen years of age in the field of illicit consumption or possession of toxic drugs, narcotic drugs or psychotropic substances, the suspension of the sanction is provided for if the access to treatment or rehabilitation, if necessary, or to re-education activities.

In order to contribute to the prevention of the proliferation of special administrative procedures, it is established that the exercise of sanctioning powers in matters of the protection of citizens ' security shall be governed by Law 30/1992, of 26 November, the Legal Regime of Public Administrations and the Common Administrative Procedure, and its implementing rules, without giving up the incorporation of certain specialities, such as the regulation of a procedure short, which allows the voluntary payment of financial penalties to be met by the Commission of serious or minor infringements within a short period of time since their notification, with the effect of the reduction of 50 per 100 of their amount, in similar terms to those already covered by other rules. Finally, a Central Register of Infractions against Citizen Security is created, which is essential in order to appreciate the recidivism of the offenders and thus enable them to properly punish those who voluntarily and repeatedly commit themselves. in conduct deserving of legal reproach.

CHAPTER I

General provisions

Article 1. Object.

1. Citizen security is an essential requirement for the full exercise of fundamental rights and public freedoms, and its safeguard, as a collective legal good, is a function of the State, subject to the Constitution and the Laws.

2. The purpose of this Law is to regulate a plural and diversified set of actions of different nature aimed at the protection of citizens ' security, through the protection of persons and property and the maintenance of peace of mind. citizens.

Article 2. Scope.

1. The provisions of this Law are applicable throughout the national territory, without prejudice to the powers that, where appropriate, the autonomous communities have assumed in the framework of the Constitution, the statutes of autonomy and the law of the State in the field of public safety.

2. In particular, the provisions which aim to ensure the good order of performances and the protection of persons and property through an ordinary administrative action remain outside the scope of this Law, even if the The intervention of the Security Forces and the Security Corps may be carried out, provided that it is conceived as an integral element of the usual preventive system of control of the spectacle.

3. This Law will also be applied without prejudice to the legal systems governing specific areas of public security, such as air, sea, rail, road or transport safety, in any case being safeguarded. provisions concerning national defense and the regulation of states of alarm, exception and site.

Article 3. Finnish.

Constitute the purposes of this Law and the action of the public authorities in its field of application:

(a) The protection of the free exercise of fundamental rights and public freedoms and other rights recognized and protected by the legal system.

b) The guarantee of the normal functioning of the institutions.

c) The preservation of citizen security and coexistence.

d) Respect for the Laws, Peace and Citizen Security in the exercise of rights and freedoms.

e) The protection of persons and property, with special attention to minors and persons with disabilities in need of special protection.

f) The peaceful use of roads and other demanial goods and, in general, spaces for public use and enjoyment.

g) The guarantee of the conditions of normality in the provision of the basic services for the community.

h) The prevention of the commission of crimes and administrative violations directly related to the purposes indicated in the preceding paragraphs and the sanction of those of this nature typified in this Law.

i) Transparency in the performance of public authorities in the field of citizen security.

Article 4. Guiding principles for the action of public authorities in relation to citizen security.

1. The exercise of powers and powers recognized by this Law to public administrations and, specifically, to the authorities and other bodies responsible for citizen security and to the members of the Forces and Corps of Security shall be governed by the principles of legality, equal treatment and non-discrimination, opportunity, proportionality, effectiveness, efficiency and accountability, and shall be subject to administrative and judicial control.

In particular, the provisions of Chapters III and V must be interpreted and applied in the most favourable way to the full effectiveness of fundamental rights and public freedoms, in particular the rights of assembly and demonstration, freedom of expression and information, freedom of association and the right to strike.

2. In particular, the performance of the members of the Security Forces and Corps is subject to the basic principles of action regulated in Article 5 of the Organic Law 2/1986, of March 13, of Forces and Security Corps.

3. The activity of intervention is justified by the existence of a particular threat or objectively dangerous behaviour which, reasonably, is liable to cause real harm to the security of the public and, in particular, to against individual and collective rights and freedoms or to alter the normal functioning of public institutions. The concrete interventions for the maintenance and restoration of citizen security will be carried out in accordance with the provisions of Chapter III of this Law.

Article 5. Competent authorities and bodies.

1. It is up to the Government, through the Ministry of the Interior and the other competent authorities and authorities and the Security Forces and the Security Corps, to prepare, address and implement the policy in relation to the administration. general public security, without prejudice to the powers conferred on other public administrations in that field.

2. They are competent authorities and bodies in the field of citizen security, in the field of the General Administration of the State:

a) The Minister of the Interior.

b) The Secretary of State for Security.

(c) The holders of the management bodies of the Ministry of the Interior who are assigned such a condition, by virtue of laws or regulations.

d) Government delegates in the autonomous communities and in the cities of Ceuta and Melilla.

e) Government Subdelegates in the provinces and the Insular Directors.

3. The competent authorities and bodies, for the purposes of this Law, shall be the appropriate authorities of the autonomous communities which have assumed responsibility for the protection of persons and property and for the maintenance of public security and a police body of his own.

4. The authorities of the cities of Ceuta and Melilla and the local authorities will exercise the powers that correspond to them, in accordance with the Organic Law 2/1986 of 13 March, and the legislation of local regime, public spectacles, activities Recreational and classified activities.

Article 6. Interadministrative cooperation.

The General Administration of the State and other public administrations with powers in the field of citizen security will be governed, in their relations, by the principles of cooperation and institutional loyalty, facilitating the information in accordance with the laws in force and the technical assistance required in the exercise of their respective powers, and, where necessary, coordinating actions to ensure compliance with this Law, in accordance with the provisions of the Organic Law 2/1986 of 13 March, and Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 7. Duty of collaboration.

1. All authorities and civil servants, within the scope of their respective powers and in accordance with their specific rules, shall cooperate with the authorities and bodies referred to in Article 5 and provide them with the assistance that is possible. and suitable for the achievement of the purposes referred to in Article 3. When, on account of their position, they have knowledge of facts which seriously disturb the safety of citizens or of those who can reasonably be inferred that they may cause serious disturbance, they shall be obliged to immediately inform them of of the competent authority.

2. The competent authorities and bodies and the members of the Security Forces and the Security Corps may obtain from the individuals their assistance and collaboration to the extent necessary for the fulfilment of the purposes provided for in this Law, especially in the cases of serious public calamity or extraordinary disaster, provided that this does not involve any personal risk to them. Those who suffer damages for these causes will be compensated according to the laws.

3. Private security firms, private detective offices and private security personnel have a special duty to assist the Security Forces and Forces in the exercise of their functions, to provide them with the collaboration they need. and follow their instructions, as provided for in the private security regulations.

4. Personnel carrying out administrative police duties shall have a special duty to assist in the achievement of the objectives set out in Article 3 of this Law.

CHAPTER II

Documentation and personal identification

Article 8. Accreditation of the identity of Spanish citizens.

1. Spaniards have the right to be issued with the National Identity Document.

The National Identity Document is a public and official document and will have the protection afforded by the laws, as well as sufficient value on its own for the accreditation of the identity and personal data of its holder.

2. The National Identity Document shall include the photograph and the signature of the holder, as well as the personal data that is determined to be regulated, which shall respect the right to the privacy of the person, without in any case being on race, ethnicity, religion, belief, opinion, ideology, disability, sexual orientation or identity, or political or trade union membership. The National Identity Document support card will incorporate the necessary security measures for the achievement of quality and unalterability conditions and maximum guarantees to prevent their falsification.

3. The National Identity Document allows older Spaniards to enjoy full capacity to work and to emancipate minors the electronic identification of their holder, as well as the electronic signature of documents, in terms of provided for in the specific legislation. Persons with a judicially modified capacity may exercise those powers when expressly requested by the person concerned and do not require, on the basis of a judicial decision which complements their capacity, the representation or assistance of a protection and support institution to be obliged or contracted.

The certification service provider will revoke the electronic signature certificate at the request of the Ministry of the Interior, after receiving this communication from the Encharged of the Civil Registry of the registration of the a judicial decision determining the need for the addition of the capacity to be required or to contract, the death or the declaration of absence or death of a person.

Article 9. Obligations and rights of the holder of the National Identity Document.

1. The National Identity Document is mandatory from the age of fourteen. This document is personal and non-transferable, with the holder having to keep it in force and keep it and keep it in keeping with due diligence. It may not be deprived of it, not even temporarily, but in cases where, as provided for by law, it is to be replaced by another document.

2. All persons required to obtain the National Identity Document are also required to display it and to permit the verification of the security measures referred to in Article 8 (2) when they are required to do so by the the authority or its servants, in order to comply with the objectives referred to in Article 16 (1). The Police Commissioner or the nearest Security Corps and Police Station shall be taken into account as soon as possible of their abduction or loss.

Article 10. Competencies on the National Identity Document.

1. It is up to the Ministry of the Interior to have exclusive competence for the management, organization and management of all aspects related to the preparation and issuance of the National Identity Document, in accordance with the provisions of this Law and the legislation on electronic signatures.

2. The jurisdiction referred to in the previous paragraph shall be exercised by the Directorate-General of the Police, which shall also be responsible for the custody and responsibility of the files and files related to the National Identity Document.

3. Your expedition is subject to the payment of a fee.

Article 11. Passport of Spanish citizens.

1. The Spanish passport is a public, personal, individual and non-transferable document which, unless proof to the contrary, credits the identity and nationality of Spanish citizens outside Spain, and within the national territory, the same circumstances of the non-resident Spaniards.

2. Spanish citizens have the right to be issued the passport, which can only be excepted in the following circumstances:

(a) Have been sentenced to custodial sentences or security measures, as long as they have not been extinguished, unless they obtain authorisation from the competent judicial body.

(b) The withdrawal of his passport in accordance with the provisions of the law has been agreed upon by the competent judicial body.

(c) A measure of probation with a ban on leaving the national territory has been imposed, unless the competent judicial body is authorised to do so.

(d) Where the competent court has prohibited the departure of Spain or the issuing of a passport to the minor or to the person with the judicial modified capacity, in accordance with the provisions of the law.

3. The obtaining of the passport by the citizens subject to parental rights or to guardianship shall be conditional on the express consent of the persons or bodies entrusted with their exercise or, failing that, of the competent judicial body.

4. Holders of the passport have an obligation to display it and provide it when required by the authority or its agents. They will also be obligated to their custody and conservation with due diligence. The Security Forces and the Security Corps, or, where appropriate, the Diplomatic or Consular Representation of Spain abroad, must be immediately aware of their abduction or loss.

Article 12. Competence on the passport.

1. The competence for their issue is:

a) In the national territory, to the Directorate General of Police.

b) Abroad, to the diplomatic and consular representations of Spain.

2. Your expedition is subject to the payment of a fee.

3. It is up to the Government, on the proposal of the Ministers of the Interior and Foreign Affairs and Cooperation, to develop this Law as regards the legal regime of the passport.

Article 13. Accreditation of the identity of foreign citizens.

1. Foreigners who are in Spanish territory have the right and the obligation to keep and carry with them the documentation certifying their identity issued by the competent authorities of the country of origin or origin, as well as the to credit your regular situation in Spain.

2. Foreigners may not be deprived of their home documentation, except in the course of criminal investigations of a criminal nature.

3. Aliens shall be required to display the documentation referred to in paragraph 1 of this Article and to permit verification of the security measures of the same, where they are required by the authorities or their agents in accordance with the provisions of this Article. provided for in the law, and for the time required for such verification, without prejudice to the ability to prove their identity by any other means if they do not carry it with them.

CHAPTER III

Actions for the maintenance and restoration of citizen security

Section 1. General security police powers

Article 14. Orders and prohibitions.

The competent authorities, in accordance with the laws and regulations, may issue the orders and prohibitions and arrange for the police actions strictly necessary to ensure the achievement of the intended purposes this Act, by duly substantiated resolution.

Article 15. Entry and registration at home and buildings of official bodies.

1. The agents of the Security Forces and Corps may only proceed to the entry and registration at home in the cases permitted by the Constitution and in the terms of the Laws.

2. It will be sufficient legitimate cause for the entry into domicile the need to avoid imminent and serious damage to people and things, in cases of catastrophe, calamity, impending ruin or other such extreme and urgent need.

3. For the entry into buildings occupied by official bodies or public entities, the consent of the authority or official who is in charge of it shall not be required.

4. Where, for the reasons provided for in this Article, the Security Forces and the Security Corps enter a particular address, they shall without delay refer the minutes or atestas to the competent judicial authority.

Article 16. Identification of people.

1. In the performance of their criminal investigation and prevention functions, as well as for the punishment of criminal and administrative violations, the agents of the Security Forces and Corps may require the identification of the persons in the Assumptions:

(a) Where there are indications that they have been able to participate in the commission of an infringement.

b) When, in consideration of concurrent circumstances, it is deemed reasonably necessary to credit their identity in order to prevent the commission of a crime.

In these cases, the agents may carry out the necessary checks on the public road or in the place where the requirement has been made, including the identification of persons whose face is not visible in total or partially by using any type of garment or object that covers, preventing or hindering identification, where necessary for the purposes indicated.

In the practice of identification, the principles of proportionality, equal treatment and non-discrimination on grounds of birth, nationality, racial or ethnic origin, sex, religion or belief, age, age, age, disability, sexual orientation or identity, opinion or any other personal or social condition or circumstance.

2. Where identification by any means, including the telematic or telephone route, is not possible, or if the person refuses to identify himself, the agents, in order to prevent the commission of a crime or the object of penalising an offence, they may require to those who cannot be identified to accompany them to the nearest police agencies in which the appropriate means are available for the practice of this diligence, to the sole effects of their identification and for the time strictly necessary, which in no case can exceed six hours.

The person who is requested to be identified shall be informed immediately and understandable of the reasons for such request, as well as, where appropriate, of the requirement to accompany the agents to the premises. police.

3. In the premises referred to in paragraph 2, a book-registration shall be carried out in which only seats related to the citizen's security shall be performed. They shall contain the procedures for identification and the reasons, circumstances and duration of the identification, and only their data may be communicated to the competent judicial authority and to the Prosecutor's Office. The competent authority of the Administration shall transmit monthly to the Prosecutor's Office extract of the measures of identification with the expression of the time used in each one. The seats of this book-record will be cancelled ex officio at three years.

4. Persons displaced to police offices for the purpose of identification shall be issued on their way out of a driving wheel which is proof of the time of their stay, the cause and identity of the acting agents.

5. In cases of resistance or refusal to identify or collaborate in the identification checks or practices, the provisions of the Criminal Code, the Criminal Procedure Law and, where applicable, this Law will be available.

Article 17. Restriction of transit and controls on public roads.

1. The agents of the Security Forces and Corps may limit or restrict the movement or permanence in public roads or places and establish security zones in cases of alteration of citizen security or peaceful coexistence, or where there are reasonable indications that such alteration may occur, for the time required for maintenance or restoration. They may also preemptively occupy the effects or instruments liable to be used for illegal actions, giving them the intended purpose.

2. For the prevention of crimes of particular seriousness or social alarm generators, as well as for the discovery and detention of those who have participated in their committee and to carry out the collection of the instruments, effects or tests, they may be to establish controls on public roads, places or establishments, provided that it is essential to identify persons who are in them, to the vehicle register or to the superficial control of personal effects.

Article 18. Checks and records in public places.

1. Officials of the authority may carry out checks on persons, goods and vehicles which are necessary to prevent public places and establishments from carrying or illegally using weapons, explosives, substances or substances. dangerous or other objects, instruments or means which create a potentially serious risk to persons, which may be used for the commission of a crime or to alter public security, where they have indications of their possible presence in those places, where appropriate, to take action. To this end, citizens have a duty to cooperate and not to hinder the work of the agents of the authority in the exercise of their functions.

2. The officials of the authority may proceed to the temporary occupation of any objects, instruments or means of aggression, including weapons which are carried on a licence, permit or authorization if deemed necessary, in order to prevent the commission of any offence, or where there is a danger to the safety of persons or property.

Article 19. Provisions common to the diligence of identification, registration and verification.

1. The measures of identification, registration and verification carried out by the agents of the Forces and the Security Corps for actions carried out in accordance with the provisions of this Section shall not be subject to the same formalities as the stop.

2. Apprehension during the proceedings of identification, registration and verification of weapons, toxic drugs, narcotic drugs, psychotropic substances or other effects arising from an offence or administrative offence shall be recorded in the minutes. which must be signed by the person concerned; if the person concerned refuses to sign it, his refusal shall be expressly stated. The act which shall be extended shall be presumed to be true of the facts contained in it, unless otherwise specified.

Article 20. External body records.

1. The person's external and superficial body register may be practised where there are rational indications to assume that he may lead to the finding of instruments, effects or other objects relevant to the exercise of the inquiry functions. and prevention that entrusts the laws to the Security Forces and Corps.

2. Unless there is a situation of urgency for serious and imminent risk to the agents:

a) Registration shall be made by an agent of the same sex as the person on whom this diligence is practiced.

b) And if you demand to leave the view parts of the body normally covered by clothes, it will be done in a place reserved and out of the view of third parties. Written evidence of this diligence, its causes and the identity of the agent who adopted it shall be recorded.

3. The external body registers shall comply with the principles of Article 16 (1), as well as the minimum interference, and shall be carried out in such a way as to cause the least damage to the privacy and dignity of the person concerned, who shall be informed of Immediate and understandable mode of the reasons for its realization.

4. The records referred to in this Article may be carried out against the will of the concerned, taking the necessary compulsion measures, in accordance with the principles of suitability, necessity and proportionality.

Article 21. Extraordinary security measures.

The competent authorities may agree, as extraordinary security measures, to close or evacuate premises or establishments, the prohibition of the passage, the evacuation of buildings or public spaces duly bounded, or the deposit of explosives or other substances which may be used as such, in emergency situations which make them essential and for the time strictly necessary to ensure the safety of citizens. Such measures may be taken by the officials of the authority if the urgency of the situation is essential, including by means of verbal orders.

For the purposes of this article, an emergency is understood to be a situation of risk arising from an event that puts persons or goods in imminent danger and requires swift action by the authority or its agents. to avoid or mitigate its effects.

Article 22. Use of camcorders.

The governmental authority and, where appropriate, the Security Forces and Corps may proceed to the recording of persons, places or objects by legally authorized fixed or mobile video surveillance cameras, according to the legislation in force in this area.

Section 2. Mme Maintenance and Reset of Citizen Security in Meetings and Manifestations

Article 23. Meetings and demonstrations.

1. The authorities referred to in this Law shall take the necessary measures to protect the holding of meetings and demonstrations, preventing the disruption of citizen security.

They may also agree to the dissolution of meetings in public transit places and demonstrations in the cases provided for in Article 5 of the Organic Law 9/1983, of July 15, regulating the right of assembly.

They may also dissolve the concentrations of vehicles on public roads and remove those or any other class of obstacles when they prevent, endanger or hinder the movement of such vehicles.

2. Intervention measures for the maintenance or restoration of citizen security in meetings and demonstrations shall be gradual and proportionate to the circumstances. The dissolution of meetings and demonstrations shall constitute the last resort.

3. Before adopting the measures referred to in the previous paragraph, the units acting for the Security Forces and the Security Corps shall notify the persons concerned of such measures, being able to do so in a verbal manner if the urgency of the situation would make it imperative.

In the event of an alteration of citizen security with weapons, explosive devices, or blunt or otherwise dangerous objects, the Security Forces and Forces may dissolve the meeting or demonstration or removal of vehicles and obstacles without prior notice.

Article 24. Collaboration between the Forces and Security Corps.

In the cases referred to in the previous article, the Security Forces and Corps will collaborate with each other on the terms provided for in their Organic Law.

CHAPTER IV

Special security administrative police powers

Article 25. Obligations for documentary registration.

1. Natural or legal persons carrying out activities relevant to public security, such as lodging, transport of persons, commercial access to telephone or telematic services for public use through establishments open to the public public, trade or repair of used objects, rental or scrapping of motor vehicles, sale of jewellery and metals, whether precious or not, objects or works of art, security locksmith, metal waste management centres, establishments of wholesale trade in scrap or waste products, or for the sale of products Hazardous chemicals to individuals shall be subject to the obligations of documentary registration and information in terms of the applicable provisions.

2. The holders of high-speed craft, as well as light aircraft operators, shall be obliged to carry out the documentary and information recording actions provided for in the current legislation.

Article 26. Establishments and facilities required to take safety measures.

Reglamentarily, in the development of the provisions of this Law, in private security legislation, in the legislation of critical infrastructures or in other sectoral regulations, the need to adopt security measures in the industrial, commercial and service establishments and installations, as well as critical infrastructure, in order to prevent the commission of criminal acts or administrative offences, or where they generate direct risks for third parties or are particularly vulnerable.

Article 27. Entertainment and recreational activities.

1. The State may issue public safety standards for buildings and facilities where entertainment and recreational activities are held.

2. The authorities referred to in this Law shall take the necessary measures to preserve the peaceful conduct of public spectacles. In particular, they may prohibit and, in the event of being held, suspend entertainment and recreational activities where there is a certain danger to persons and property, or serious changes in public security are or are envisaged.

3. The specific rules shall determine the cases in which the delegates of the authority are to be present at the time of the entertainment and recreational activities, which may, after notice to the organisers, carry out suspension of the same for reasons of maximum urgency in the cases provided for in the previous paragraph.

4. Sporting spectacles will, in any case, be subject to the measures to prevent violence which are laid down in specific legislation against violence, racism, xenophobia and intolerance in sport.

Article 28. Administrative control over weapons, explosives, cardboard and pyrotechnic articles.

1. Corresponds to Government:

(a) The regulation of the requirements and conditions of manufacture, repair, circulation, storage, trade, acquisition, disposal, possession and use of weapons, their imitations, replicas and fundamental parts.

(b) Regulation of the requirements and conditions mentioned above in relation to explosives, cardboard and pyrotechnic articles.

(c) The adoption of the control measures necessary for the fulfilment of the requirements and conditions referred to in paragraphs (a) and (b).

2. The intervention of weapons, explosives, cardboard and pyrotechnic articles corresponds to the Ministry of the Interior, which exercises it through the Directorate General of the Civil Guard, whose services are enabled to carry out at any moment the inspections and checks which are necessary in the spaces intended for their manufacture, storage, placing on the market or use.

Article 29. Control measures.

1. The Government shall regulate the necessary control measures on the matters referred to in the preceding Article:

(a) By securing the opening and operation of the factories, workshops, warehouses, marketing establishments and places of use and the activities related to them to requirements for cataloguing or classification, authorisation, information, inspection, surveillance and control, special enabling requirements for the personnel responsible for handling them, as well as the determination of the liability regime for those who have the duty of prevent the commission of certain infringements.

b) Establishing the mandatory ownership of licenses, permits or authorizations for the acquisition, possession and use of firearms, the issue of which shall be restrictive in the case of defence weapons personnel, in respect of which the granting of licences, permits or authorisations shall be limited to cases of strict need. For the granting of licences, permits and authorisations, account shall be taken of the conduct and antecedents of the person concerned. In any event, the applicant shall give his express consent in favour of the organ of the General Administration of the State which deals with his application to obtain his criminal records.

(c) Through the prohibition of the manufacture, possession and marketing of weapons, cardboard, pyrotechnic articles and especially dangerous explosives, as well as the deposit thereof.

2. The manufacture, trade and distribution of arms, pyrotechnic articles, cardboard and explosives, constitutes a sector with specific regulation on the right of establishment, in the terms provided for by the legislation on investments In Spain, the Ministries of Defense, Interior and Industry, Energy and Tourism are responsible for the exercise of supervisory and control powers.

CHAPTER V

Sanctioning Regime

Section 1. Responsible Subjects, Competent Organs, and General Rules on Violations and Enforcement of Sanctions

Article 30. Responsible subjects.

1. Liability for the offences committed shall be directly the responsibility of the author of the event of the infringement.

2. They shall be exempt from liability for offences committed by children under the age of 14.

In the event that the offence is committed by a child under the age of fourteen, the competent authority shall inform the Prosecutor's Office to initiate, where appropriate, appropriate action.

3. For the purposes of this Law, organizers or promoters of meetings in public transit places or demonstrations shall be considered to be the natural or legal persons who have subscribed to the mandatory communication. Furthermore, even if the communication has not yet been signed or submitted, it shall also be considered as organizers or promoters who in fact preside, direct or perform such acts, or those who for publications or statements of call of the By the oral or written manifestations of which they are spread, by the slogans, flags or other signs that they have or by any other facts can be reasonably determined to be the directors of those.

Article 31. Consign rules.

1. Facts liable to be qualified in accordance with two or more provisions of this or other Law shall be punishable by observing the following rules:

a) The special precept will be applied with preference to the general.

b) The wider or complex precept will absorb the one that sanctions the infractions consumed in that one.

c) In default of the above criteria, the most serious precept will exclude those that sanction the fact with a minor sanction.

2. In the event that a single event constitutes two or more infractions, or where one of them is a means necessary to commit the other, the conduct shall be sanctioned for that infringement which applies a greater sanction.

3. Where an action or omission is to be taken into consideration as a graduation criterion for the sanction or as a circumstance determining the qualification of the offence may not be sanctioned as an independent infringement.

Article 32. Competent bodies.

1. They are competent bodies in the field of the General Administration of the State:

(a) The Minister of the Interior, for the sanction of very serious infractions to a maximum degree.

(b) The Secretary of State for Security, for the sanction of very serious violations in the medium and minimum degree.

c) Government delegates in the autonomous communities and in the cities of Ceuta and Melilla, for the punishment of serious and minor infractions.

2. The relevant authorities of the Autonomous Community in the field of their competence in the field of public security shall be competent to impose the penalties provided for in this Law.

3. Mayors may impose sanctions and take the measures provided for in this Law where infringements are committed in municipal public spaces or affect property of local ownership, provided that they have jurisdiction over the matter of agreement with the specific legislation.

In the terms of Article 41, the municipal ordinances may introduce specifications or graduations in the table of violations and penalties established in this Law.

Article 33. Graduation of sanctions.

1. The principle of proportionality shall be observed in the imposition of sanctions by the commission of the infringements established in this Law, in accordance with the following paragraphs.

2. Within the limits laid down for very serious and serious infringements, the fines shall be divided into three tranches of the same extent, corresponding to the minimum, average and maximum grades, in accordance with Article 39 (1

.

The commission of an infringement will determine the imposition of the corresponding fine to a minimum degree.

The infringement will be punishable by a fine in the middle of the time when the concurrency is credited, at least, in one of the following circumstances:

(a) The recidivism, by the commission within two years of more than one infringement of the same nature, when it has been declared by a firm resolution on the administrative route.

b) The realization of the facts by intervening violence, threat or intimidation.

c) The execution of the facts using any type of garment or object that covers the face, preventing or hindering identification.

d) That in the commission of the offence be used for minors, persons with disabilities in need of special protection or in situation of vulnerability.

In each grade, the following criteria will be taken into account for the individualization of the fine:

a) The entity of the risk produced for public safety or public health.

(b) The amount of the injury caused.

c) The importance of harm to the prevention, maintenance or restoration of citizen security.

d) The alteration caused in the operation of public services or in the supply to the population of goods and services.

e) The degree of guilt.

(f) The economic benefit obtained as a result of the commission of the infringement.

g) The economic capacity of the offender.

Infringements shall only be punishable by a maximum fine where the facts are of particular gravity and are justified taking into account the number and entity of the circumstances and the criteria laid down in the This section.

3. The fine for the commission of minor offences shall be determined directly in the light of the circumstances and the criteria of the previous paragraph.

Section 2. Infractions and Sanctions

Article 34. Classification of the infringements.

The violations typified in this Act are classified as very serious, severe and mild.

Article 35. Very serious infringements.

These are very serious violations:

1. Meetings or demonstrations not reported or prohibited in infrastructure or facilities where basic services are provided for or in the vicinity of the community, as well as the intrusion into the premises of such facilities, including their overflight, where, in any of these cases, a risk has been generated for the life or physical integrity of the persons.

In the case of meetings and demonstrations, organizers or promoters will be responsible.

2. Manufacture, repair, storage, circulation, trade, transport, distribution, acquisition, certification, disposal or use of regulatory weapons, scheduled explosives, cardboard or pyrotechnic articles, in breach of implementing rules, lacking the required documentation or authorisation or exceeding the limits authorised where such conduct is not a criminal offence as well as the omission, insufficiency or lack of effectiveness of the security or precautions which are binding, provided that such action serious damage is caused.

3. The holding of public spectacles or recreational activities in violation of the prohibition or suspension ordered by the appropriate authority for reasons of public safety.

4. The projection of beams of light, by any type of device, on the pilots or drivers of means of transport that can dazzle them or distract their attention and cause accidents.

Article 36. Serious infringements.

These are serious violations:

1. The disturbance of public safety in public events, sports or cultural events, solemn and other religious services or other meetings attended by numerous persons, where they are not a criminal offence.

2. The serious disturbance of citizen security that occurs during meetings or demonstrations in front of the seats of the Congress of Deputies, the Senate, and the legislative assemblies of the autonomous communities, even if they are not collected, where it does not constitute a criminal offence.

3. To cause disorders in public roads, spaces or establishments, or to impede the public road with urban furniture, vehicles, containers, tires or other objects, when in both cases a serious disturbance of the safety citizen.

4. Acts of obstruction which seek to prevent any authority, public employee or official corporation from exercising their functions, carrying out or implementing agreements or administrative or judicial decisions, provided that they are produce on the margins of legally established procedures and do not constitute a crime.

5. Actions and omissions that prevent or impede the functioning of emergency services, causing or increasing a risk to the life or integrity of persons or damage to property, or aggravating the consequences of the event motivate the performance of those.

6. Disobedience or resistance to the authority or its servants in the performance of their duties, where they are not a criminal offence, as well as the refusal to identify themselves at the request of the authority or its agents or the allegation of data false or inaccurate in the identification processes.

7. The refusal of the dissolution of meetings and demonstrations in places of public transit ordered by the competent authority when the assumptions of Article 5 of the Organic Law 9/1983 are met, of July 15.

8. The disturbance of the development of a meeting or demonstration, where it does not constitute a criminal offence.

9. Intrusion into infrastructure or facilities where basic services are provided for the community, including its overflight, where serious interference has occurred in its operation.

10. Carry, display or use prohibited weapons, as well as carry, display or use weapons in a negligent, reckless or intimidating manner, or outside the places authorized for use, even if in the latter case they are licensed, provided that such conduct do not constitute a criminal offence.

11. The application or acceptance by the claimant of paid sexual services in public transit areas in the vicinity of places intended for use by minors, such as educational centres, playgrounds or leisure spaces accessible to minors age, or when these behaviors, by the place they are performed, may generate a risk to road safety.

Agents of the authority will require persons offering these services to refrain from doing so in such places, informing them that failure to comply with such a requirement could constitute an infringement of the paragraph 6 of this article.

12. Manufacture, repair, storage, circulation, trade, transport, distribution, acquisition, certification, disposal or use of regulatory weapons, scheduled explosives, cardboard or pyrotechnic articles, in breach of rules of application, lacking the required documentation or authorization or exceeding the limits authorised where such conduct is not a criminal offence, as well as the omission, insufficiency or lack of effectiveness of the measures security or precautions that are mandatory.

13. The refusal of access or the deliberate obstruction of the inspections or regulatory controls, established in accordance with the provisions of this Law, in factories, premises, establishments, vessels and aircraft.

14. The public and improper use of uniforms, insignia or official decorations, or replicas thereof, as well as other elements of the equipment of police bodies or emergency services that may generate deception about the condition who uses them, when it is not a criminal offence.

15. The lack of collaboration with the Security Forces and Bodies in the investigation of crimes or in the prevention of actions that could endanger citizen security in the cases provided for in Article 7.

16. The illicit use or possession of toxic drugs, narcotic drugs or psychotropic substances, even if they are not intended for traffic, in places, roads, public establishments or collective transport, as well as the abandonment of instruments or other effects used to do so in those places.

17. The transfer of persons, with any type of vehicle, in order to facilitate access to toxic drugs, narcotic drugs or psychotropic substances, provided that it does not constitute a crime.

18. The execution of acts of illegal planting and cultivation of toxic drugs, narcotic drugs or psychotropic substances in places visible to the public, where they are not constituting criminal offences.

19. Tolerance of illegal consumption or trafficking of toxic drugs, narcotic drugs or psychotropic substances in premises or public establishments or lack of diligence in order to prevent them from owners, administrators or managers of the same.

20. The lack of the records provided for in this Law for activities with transcendence for citizen security or the omission of mandatory communications.

21. The allegation of false data or circumstances for obtaining the documents provided for in this Law, provided that it does not constitute a criminal offence.

22. Failure to comply with restrictions on navigation regulations imposed on high-speed craft and light aircraft.

23. The unauthorized use of personal or professional images or data of authorities or members of the Security Forces and Bodies that may endanger the personal or family security of the agents, the protected or at risk facilities success of an operation, with respect to the fundamental right to information.

Article 37. Minor infractions.

These are minor violations:

1. The holding of meetings in places of public transit or of demonstrations, in breach of the provisions of Articles 4.2, 8, 9, 10 and 11 of the Organic Law 9/1983 of 15 July, the responsibility of which shall be the responsibility of the organizers or promoters.

2. The display of dangerous objects for the life and physical integrity of people with bullying, provided that it does not constitute a crime or a serious offence.

3. Failure to comply with the restrictions on pedestrian traffic or itinerary on the occasion of a public event, meeting or demonstration, when they cause minor alterations in the normal development of the same.

4. The lack of respect and consideration the recipient of which is a member of the Security Forces and Forces in the exercise of their security protection functions, where these conduct are not constituting criminal offences.

5. The conduct or incitement to carry out acts that infringe on the freedom and sexual indemnity, or to execute acts of obscene display, when it does not constitute a criminal offence.

6. The projection of beams of light, by any type of device, on members of the Security Forces and Forces to prevent or hinder the exercise of their functions.

7. The occupation of any property, housing or other building, or the permanence in them, in both cases against the will of its owner, tenant or holder of another right on the same, when they are not constitutive of criminal infraction.

Likewise, the occupation of the public road with infringement of the provisions of the Law or against the decision taken in application of that by the competent authority. The occupation of the public road for the unauthorised street sale shall be understood to be included in this case.

8. The omission or inadequacy of measures to ensure the preservation of the documentation of weapons and explosives, as well as the failure to report the loss or subtraction thereof.

9. Irregularities in the fulfillment of the records provided for in this Law with transcendence for citizen security, including the allegation of false data or circumstances or the omission of mandatory communications within the deadlines provided that it does not constitute a criminal offence.

10. Failure to comply with the obligation to obtain the legally required personal documentation, as well as the negligent omission of the complaint of its subtraction or loss.

11. The negligence in the custody and preservation of the legally required personal documentation, considered as such the third and subsequent loss or loss within one year.

12. Refusal to deliver the legally required personal documentation when their withdrawal or retention has been agreed.

13. Damages or the dispossession of movable or immovable property or public service, as well as of movable or private property on the public road, where they do not constitute a criminal offence.

14. The scaling of buildings or monuments without authorization where there is a certain risk of damage to persons or property.

15. The removal of fences, encils or other fixed or movable elements placed by the Security Forces and Bodies to delimit security perimeters, even in a preventive manner, when it does not constitute a serious infringement.

16. To leave loose or in a position to cause ferocious or harmful animal damage, as well as to leave domestic animals in conditions where their life may be endangered.

17. The consumption of alcoholic beverages in places, roads, establishments or public transport when it seriously disturbs the tranquility of the citizens.

Article 38. Limitation of the infringements.

1. The administrative offences defined in this Law shall be prescribed at six months, a year or two years after they have been committed, as minor, serious or very serious, respectively.

2. The time limits laid down in this Law shall be calculated from the day on which the offence was committed. However, in cases of continued infringements and infringements of permanent effects, the time limits shall be calculated, respectively, from the day on which the last infringement was carried out and since the unlawful situation was eliminated.

3. The limitation period shall be interrupted by any administrative action of which the person concerned has formal knowledge of the offence, and the time limit for the limitation period shall be resumed if the procedure has been brought to a standstill. more than one month for cause not attributable to the alleged person responsible.

4. The limitation period shall also be interrupted as a result of the opening of a criminal court proceedings, until the judicial authority has communicated to the administrative body its termination in accordance with Article 45 (2

.

Article 39. Penalties.

1. Very serious infringements will be punishable by a fine of EUR 30,001 to EUR 600,000; the serious ones, with a fine of EUR 601 to EUR 30,000, and the slight, with a fine of EUR 100 to EUR 600.

In accordance with the provisions of Article 33.2, the sections corresponding to the maximum, average and minimum degrees of fines provided for by the commission of serious and very serious infringements shall be as follows:

(a) For the very serious infringements, the minimum degree will include the fine of 30,001 to 220,000 euros; the average grade, from 220,001 to 410,000 euros, and the maximum degree, from 410,001 to 600,000 euros.

(b) For serious infringements, the minimum degree shall include the fine of 601 to 10,400; the average grade, from 10,401 to 20,200 euros, and the maximum degree, from 20,201 to 30,000 euros.

2. The fine may be carried out by one or more of the following ancillary penalties, taking into account the nature of the facts of the infringement:

(a) The removal of the weapons and the licenses or permits corresponding to them.

(b) the substance of the goods, means or instruments with which the infringement has been prepared or executed and, where appropriate, of the effects arising from it, unless one or more other persons belong to a third party in good faith not responsible for the infringement which has been legally acquired by them. Where the instruments or effects are of fair trade and their value is not related to the nature or gravity of the infringement, the body competent to impose the sanction that proceeds may not agree to the arrangement or to partially agree.

(c) The temporary suspension of licences, authorisations or permits from six months and one day to two years for very serious infringements and up to six months for serious infringements, in the field of the subject matter of the Chapter IV of this Law. In the event of recidivism, the penalty may be two years and one day up to six years for very serious infringements and up to two years for serious infringements.

d) The closure of factories, premises or establishments, from six months and one day to two years for very serious infringements and up to six months for serious infringements, in the field of the matters covered by Chapter IV of this Regulation. Law. In the event of recidivism, the penalty may be two years and one day up to six years for very serious infringements and up to two years for serious infringements.

Article 40. Prescription of penalties.

1. Penalties imposed for very serious infringements shall be imposed at three years of age, those imposed for serious infringements, at two years of age, and those imposed for minor offences per year, calculated from the day following that in which he becomes firm in the administrative route of the decision imposing the sanction.

2. The limitation period shall be interrupted by the initiation procedure, with the knowledge of the person concerned, of the execution procedure, the time limit being returned if the person concerned is paralyzed for more than one month for reasons not attributable to the offender.

Article 41. Regulatory enablement.

The regulatory provisions for development may introduce specifications or graduations in the table of infringements and penalties established in this Law which, without constituting new infringements or penalties, or alter their nature and limits, contribute to the more correct identification of the conduct or to the more precise determination of the corresponding sanctions.

Article 42. Repair of damage and compensation.

1. If the sanctioned conduct has caused damages to the public administration, the decision of the procedure shall contain an express statement about the following:

(a) The requirement for the offender to replace his/her state of origin with the situation altered by the infringement.

(b) Where this is not possible, the compensation for the damage and damage caused, if they have been determined during the procedure. If the amount of the damage has not been established, it shall be determined in a supplementary procedure, which is capable of conventional termination, the resolution of which shall terminate the administrative route.

2. Civil liability arising from an infringement will always be in solidarity between all the perpetrators of the damage.

3. Where he is declared the author of the facts committed by a person of less than 18 years of age, or a person with a judicial capacity, he shall, in solidarity with him, respond to the damage caused by his parents, guardians, curators, Legal or de facto host or guarder, as appropriate.

Article 43. Central Registry of Infractions against Citizen Security.

1. For the sole purpose of assessing the recidivism in the commission of offences established in this Law, a Central Register of Infractions against Citizen Security is created in the Ministry of the Interior.

The autonomous communities that have assumed powers for the protection of people and property and for the maintenance of citizen security and have a police force of their own, will be able to create their own records of violations against citizen security.

2. The organisation and operation of the Central Register of Citizens ' Security Infractions shall be regulated, in which only the following seats shall be applied:

a) Personal data of the offender.

b) Infringement committed.

(c) Santion or strong administrative sanctions imposed, with indication of their temporal scope, where applicable.

d) Place and date of the commission of the infringement.

e) Organ that has imposed the sanction.

3. The persons to whom a sanction has been imposed which has acquired firmness in administrative way shall be informed that the corresponding seats in the Central Register of Infraactions against Citizen Security shall be carried out. They may request access, cancellation or rectification of their data in accordance with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, and its implementing regulations. Seats shall be cancelled ex officio after three years in the case of very serious infringements, two years in the case of serious infringements and one in the case of minor offences, from the finality of the sanction.

4. The authorities and bodies of the various public administrations with jurisdiction in matters of citizen security, in accordance with this Law, shall communicate to the Central Register of Infractions against Citizen Security the resolutions (i) the penalties for the use of the In addition, for these purposes, those public administrations shall have access to the data in that Central Register.

Section 3. Sanctioning Procedure

Article 44. Legal regime.

The exercise of sanctioning powers in matters of the protection of citizens ' security shall be governed by Title IX of Law No 30/1992 of 26 November 1992 and its provisions for development, without prejudice to the specialties which regulate in this chapter.

Article 45. Subsidiary character of the administrative procedure sanctioning the penalty.

1. Acts which have been punishable by criminal or administrative punishment shall not be punishable where the identity of the subject, in fact and in substance, is assessed.

2. In cases where the conduct may be a criminal offence, the administrative body shall pass the blame either to the judicial authority or to the Prosecutor's Office and shall refrain from following the sanctioning procedure while the authority The Court of Justice does not give a firm judgment or a decision which otherwise ends the criminal proceedings, or the Prosecutor's Office does not agree to the failure to initiate or continue the proceedings in criminal proceedings, until then the deadline of prescription.

The judicial authority and the Prosecutor's Office shall communicate to the administrative body the resolution or agreement they have adopted.

3. In the absence of an estimate of the existence of criminal offences, or in the case of a decision of another type to terminate the criminal procedure, the sanctioning procedure may be initiated or continued. In any event, the administrative body shall be bound by the facts declared on the judicial basis.

4. The precautionary measures taken before the judicial intervention can be maintained while the judicial authority does not resolve anything else.

Article 46. Access to data from other public administrations.

1. The authorities and bodies of the various public administrations competent to impose sanctions in accordance with this Law will be able to access the data relating to the offenders who are directly related to the investigation of the acts constituting an infringement, without the need for prior consent of the data holder, with the guarantees of security, integrity and availability, in accordance with the provisions of the Organic Law 15/1999 of 13 December.

2. To the exclusive effects of completing the actions that the organs of the General Administration of the State competent in the procedures regulated in this Law and its norms of development have entrusted, the State Agency of Administration Tax and the General Treasury of Social Security, in the terms laid down in the tax or social security regulations, as well as the National Statistics Institute, as regards the Municipal Register of Inhabitants, will facilitate access to the files in which the data are to be recorded in those files; procedures, without the need for the consent of the parties concerned.

Article 47. Interim measures prior to the procedure.

1. The agents of the authority shall intervene and apprehend the instruments used for the commission of the infringement, as well as the money, the fruits or the products directly obtained, which shall be kept in the deposits established to the effect or in the custody of the Security Forces and Corps while the sanctioning procedure is dealt with or until, if necessary, the return is resolved or the comiso is decreed.

Without prejudice to the provisions of Article 49 (3), if the apprehension is of consumables and the cost of the deposit exceeds the venal value, they will be destroyed or given the appropriate destination, according to the the procedure to be regulated.

2. Exceptionally, in cases of serious risk or imminent danger to persons or property, the provisional measures provided for in Article 49 (1), other than that of paragraph (f), may be adopted directly by the agents of the (a) the authority shall, prior to the initiation of the procedure, be ratified, amended or revoked in the opening agreement within the maximum period of 15 days. In any event, these measures will have no effect if, on the expiry of that period, the procedure is not opened or the opening agreement does not contain an express statement on the measures.

Article 48. Previous performances.

1. Prior to the opening of the procedure, prior action may be taken in order to determine whether or not circumstances justify them. In particular, these actions shall be aimed at determining, as precisely as possible, the facts which may be used to encourage the opening of the procedure, the identification of the person or persons who may be responsible and the relevant circumstances that are present in each other.

Previous performances will be incorporated into the sanctioning procedure.

2. Prior action may be carried out without intervention by the alleged person responsible, if it is essential to ensure the proper purpose of the investigation, while stating that the proceedings have been brought to the effect of the reasons which justify their non-intervention.

3. The practice of previous actions will not interrupt the limitation of infringements.

Article 49. Measures of a provisional nature.

1. In the case of the case, the competent authority may, by means of a reasoned agreement, adopt the measures of a provisional nature which are necessary to ensure the effectiveness of the decision which may be taken by the competent authority. the purpose of the procedure, to avoid the maintenance of the effects of the infringement or to preserve the safety of the citizen, without in any case having a sanctioning character. Such measures shall be proportionate to the nature and gravity of the infringement and may be in particular:

(a) The safe deposit of the instruments or effects used for the commission of the offences and in particular of the weapons, explosives, aerosols, objects or potentially hazardous materials for peace citizens, toxic drugs, narcotic drugs or psychotropic substances.

(b) The adoption of security measures for persons, property, establishments or facilities which are in danger, in charge of their owners.

c) The preventive suspension or closure of factories, premises or establishments liable to affect public safety.

d) The partial or total suspension of activities in establishments that are notoriously vulnerable and do not have the necessary security measures in place.

e) The adoption of security measures for persons and goods in infrastructure and facilities in which basic services are provided for the community.

(f) The suspension of the activity which is the subject of authorisations, permits, licences and other documents issued by the administrative authorities, within the framework of the rules applicable to it.

g) The suspension in the sale, resale or street sale of the tickets of the show or recreational activity whose celebration or development might involve a risk to the safety of the citizen.

2. The costs incurred in the adoption of the provisional measures shall be borne by the person responsible for the events covered by the sanctioning file.

3. The duration of the measures of a provisional nature may not exceed half of the period laid down in this Law for the penalty which may correspond to the offence committed, unless duly reasoned agreement has been adopted by the competent body.

4. The agreement for the adoption of provisional measures shall be notified to the persons concerned at the address of which the administration or, where appropriate, by electronic means, with an indication of the resources from the Member State concerned, shall be notified by any means. The same body, the body before which they must be submitted and time limits for bringing them together. The competent authority for its adoption may agree that it shall be the subject of general knowledge where this is necessary to ensure public security, subject to the provisions of the legislation on the protection of character data. personnel.

5. The measures taken shall be immediately enforceable, without prejudice to the possibility of the persons concerned being able to request their suspension by justifying the appearance of good rights and the existence of damage of difficult or impossible repair, by providing, where appropriate, sufficient caution to ensure the injury that could be derived for citizen security.

6. The agreed provisional measures may be amended or lifted when the circumstances which led to their adoption vary and, in any event, shall be extinguished with the termination of the procedure.

Article 50. Expiration of the procedure.

1. The procedure shall expire one year after the opening of the procedure without notification of the decision, however, account must be taken of any possible paralisations for reasons attributable to the person concerned or the suspension which he/she should have. agree to the existence of a criminal judicial procedure, when the identity of the subject, fact and foundation, is present, until the end of the procedure.

2. The decision declaring the expiry shall be notified to the person concerned and shall terminate the proceedings, without prejudice to the fact that the administration may agree to initiate a new procedure as long as the infringement has not been prescribed. Expired procedures will not interrupt the limitation period.

Article 51. Effects of the resolution.

In the field of the General Administration of the State, the resolution of the sanctioning procedure will be used in accordance with Law 30/1992, of November 26. In the case of a decision bringing an end to the administrative procedure, a judicial-administrative appeal may be brought, where appropriate, by the procedure for the protection of the fundamental rights of the person, in accordance with Law No 29/1998 of 13 December 1998. July, regulator of the Administrative-Administrative Jurisdiction.

Article 52. Evidentiary value of the statements of the agents of the authority.

In the sanctioning procedures which are instructed in the subjects covered by this Law, the complaints, cases, or records formulated by the agents of the authority in exercise of their functions that have witnessed the facts, prior to ratification if they have been denied by the accused, they shall constitute a sufficient basis for the adoption of the decision, unless proof to the contrary, and without prejudice to the fact that the parties must submit all the information to the Evidence available.

Article 53. Enforcement of the sanction.

1. Once signed on an administrative basis, the execution of the sanction will be carried out in accordance with the provisions of this Law.

2. Compliance with the suspension of the suspension of licences, authorisations or permits shall be initiated after one month after the sanction has been established on an administrative basis.

3. Pecuniary penalties which have not previously been paid shall be effective within 15 days of the date of the finality of the penalty. Once the time of entry has expired without the penalty being satisfied, the charge will be carried out by the award procedure. To this end, the award of the notified debtor shall be enforceable by the competent authority of the administration.

4. Where the sanctions have been imposed by the General Administration of the State, the organs and procedures of the executive collection shall be those laid down in the General Rules of Collection, approved by Royal Decree 939/2005, 29 of July.

5. If the resolution agrees to the return of the instruments referred to in paragraph 1 of Article 47 (1), one month after the date of notification of the decision without the holder having recovered the item apprehended, will be destroyed or given the appropriate destination in the framework of this Law.

Article 54. Abbreviated procedure.

1. Once the opening of the procedure for the penalty of serious or minor infringements has been notified, the person concerned shall have a period of 15 days in which to make the voluntary payment with a reduction of the fine, or to make the claims and propose or provide evidence as appropriate.

If you pay the fine under the conditions set out in the preceding paragraph, the abbreviated sanctioning procedure will be followed, and, if not, the ordinary sanctioning procedure.

2. The abbreviated sanctioning procedure shall not apply to very serious infringements.

3. Once the voluntary payment of the fine has been made within a period of 15 days from the day following its notification, the penalty procedure shall be terminated with the following consequences:

a) The 50 percent reduction in the penalty penalty amount.

b) The waiver to make claims. In case they are formulated they will be held for not presented.

c) The termination of the procedure, without the need for an express resolution, on the day the payment is made, the penalty being recourse only to the judicial-administrative jurisdictional order.

Additional disposition first. Control regime for drug precursors and explosives.

The system of granting of activity licenses, as well as the sanctioning regime applicable in case of infringement of the Community and international provisions for the surveillance of the trade of drug precursors and Explosives shall be governed by the provisions of their specific legislation.

Additional provision second. Regime for the protection of critical infrastructures.

The protection of critical infrastructures will be governed by their specific regulations and will be covered by this law.

Additional provision third. Mandatory appearance in procedures for obtaining the National Identity Document and passport.

In the administrative procedures for obtaining the National Identity Document and the passport, the person concerned must appear before the competent administrative bodies or units for processing.

Exceptionally, the applicant for a provisional passport may be exempted from personal appearance in a Spanish diplomatic mission or consular post for justified reasons of illness, risk, remoteness or other similar and duly accredited to prevent or severely impede the appearance.

Additional provision fourth. Civil Registry Communications.

For the purpose of complying with the provisions of article 8.3 of the Law, the Civil Registry shall communicate to the Ministry of the Interior the inscriptions of decisions of judicial modified capacity, the deaths or the declarations of absence or death in accordance with the provisions of Article 80 of Law 20/2011 of 21 July of the Civil Registry.

Additional provision fifth. Suspension of financial penalties imposed for offences relating to the use of toxic drugs, narcotic drugs or psychotropic substances committed by minors.

The fines imposed on minors by the commission of offences relating to the illicit use or possession of toxic drugs, narcotic drugs or psychotropic substances may be suspended provided that, at the request of the offenders and their legal representatives, those who have access to treatment or rehabilitation, if they need it, or to re-education activities. In the event that the offenders leave the treatment or rehabilitation or the educational activities, the economic penalty will be executed.

The terms and conditions of the partial penalty remission provided for in this additional provision will be regulated.

Additional provision sixth. Infrastructure and facilities in which basic services are provided for the community.

For the purposes of Articles 35.1 and 36.9, the term 'infrastructure' or 'facilities' in which basic services are provided for the community shall be:

(a) Nuclear power plants, petrochemicals, refineries and fuel tanks.

(b) Ports, airports and other transport infrastructure.

c) Water, gas and electricity supply and distribution services.

d) Telecom infrastructures.

Additional provision seventh. No increase in public spending.

The measures provided for in this Law will not generate an increase in appropriations or remuneration, nor will they increase the cost of other personnel to the public sector.

Single transient arrangement. Sanctioning procedures initiated upon the entry into force of this Act.

The sanctioning procedures initiated upon the entry into force of this Law shall be governed by the foregoing legislation, except that this Law contains provisions more favourable to the person concerned.

Single repeal provision. Regulatory repeal.

1. The Organic Law 1/1992 of 21 February on the Protection of Citizen Security is repealed.

2. Similarly, the provisions of this Law shall be repealed as many provisions of the same or lower rank.

Final disposition first. Special regime of Ceuta and Melilla.

1. An additional provision is added to the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, with the following wording:

" Additional Disposition 10th. Special regime of Ceuta and Melilla.

1. Foreigners who are detected on the border line of the territorial demarcation of Ceuta or Melilla while trying to overcome border containment elements to cross the border irregularly will be rejected in order to prevent their illegal entry into Spain.

2. In any case, the rejection will be carried out in compliance with the international norms of human rights and international protection of which Spain is a party.

3. Applications for international protection shall be formalised in the places authorised for the purpose at the border crossing points and shall be processed in accordance with the rules on international protection. "

2. The fourth final provision of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration is worded as follows:

" Final disposition fourth. Non-organic precepts.

1. The precepts contained in the following articles of this Law are organic in nature: 1, 2, 3, 4.1, 4.3, 5, 6, 7, 8, 9, 11, 15, 16, 17, 18, 18 bis, 19, 20, 21, 22.1, 23, 24, 25, 25a, 27, 29, 30, 30a, 31, 31 bis, 33, 34, 36, 37, 39, 40, 41, 42, 53, 54, 55, 57, 58, 59, 59 bis, 60, 61, 62, 62a, 62 ter, 62 quater, 62 quinquies, 62 sexies, 63, 63a, 64, 66, 71, additional provisions third to eighth and tenth and final provisions.

2. The precepts not included in the previous paragraph are not organic in nature. "

Final disposition second. Competitive titles.

The provisions of this Law are dictated by Article 149.1.29. of the Constitution, which gives the State exclusive competence in matters of public security, except for Articles 28 and 29, which are issued under the Article 149.1.26. of the Constitution, which attributes to the State exclusive competence in matters of regime of production, trade, possession and use of weapons and explosives.

Final disposition third. Precepts that have character of Organic Law.

1. The precepts of this Law that are listed below are of an organic nature:

Chapter I, except Article 5.

Articles 9 and 11 of Chapter II.

Chapter III.

Of Chapter V, Article 30 (3); ordinal 1 of Article 35; ordinal 2, 7, 8 and 23 of Article 36, and ordinal 1 and 4 of Article 37.

The unique repeal provision.

The final disposition first.

The third final disposition.

2. The precepts not included in the previous paragraph are not organic.

Final disposition fourth. Enabling regulatory development.

The Government is empowered, in the field of its competences, to make the necessary provisions for the development and implementation of the provisions of this Law.

Final disposition fifth. Entry into force.

This Organic Law will enter into force on 1 July 2015, except for the final provision first, which will enter into force on the day following that of its publication in the "Official State Gazette".

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