Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3442
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following organic law:
Public safety is the assurance that the rights recognized and protected by the constitutions democratic freedoms can be freely exercised by citizens and not merely formal statements devoid of legal effect. In this sense, public safety stands as one of the essential elements of the rule of law.
The social demands of public safety will essentially addressed to the State, it is appreciable a social awareness that only this can ensure an environment of coexistence in which the exercise of the rights and freedoms possible, by eliminating violence and removing the obstacles that oppose the fullness of those.
The Spanish Constitution of 1978 took the concept of citizen security (Article 104.1), as well as public security (Article 149.1.29.ª). Subsequently, the doctrine and jurisprudence have been interpreted, with nuances, these two concepts as synonyms, understood as the activity aimed at the protection of persons and goods and the maintenance of public tranquility.
It is in the light of these considerations should be interpreted as the idea of public safety and concepts related to it, avoiding generic definitions to justify an expansive intervention citizens under indefinite dangers, and avoiding administrative discretion and generic sanctioning power.
To ensure public safety, which is one of the priorities of the action of public authorities, the model of rule of law established by the Constitution has three mechanisms: a suitable legal framework to respond to the various illegal phenomena a judiciary that will ensure its implementation and a Forces Security effective in the prevention and prosecution of offenses.
Under Article 149.1.29.ª of the Constitution and under the guidance of constitutional doctrine, this Act is to protect people and property and the maintenance of public tranquility, and includes a plural set and diversified performances, different in nature and content aimed at the same protective purpose of legally protected. A significant portion of its content refers to the regulation of the activities of the security police, own Forces and Security functions, although this does not change the material scope of what is meant by public safety is exhausted, in the other subjects, including the Act deals with the obligations of documentary record or adoption of security measures by the natural or legal persons engaged in activities relevant to public safety or administrative control over weapons and explosives include, other.
The Organic Law 1/1992 of 21 February on Protection of Public Safety, was the first effort to address, from the perspective of constitutional rights and values, a code that would reflect the main actions and powers of the public authorities, especially the security Forces, to ensure the security of citizens.
However, several factors advise undertake its replacement by a new text. The prospect that over time provides the strengths and weaknesses of legal norms, social changes in our country, new ways to put safety and citizen tranquility at risk, the new content that social demands included in this concept, the urgent need to update the sanctions regime or the advisability of incorporating the constitutional jurisprudence in this matter amply justify a legislative change.
Liberty and security are a key pairing for the proper functioning of an advanced democratic society, security being an instrument for the guarantee of rights and freedoms and not an end in itself.
Therefore any incident or limitation on the exercise of civil liberties for security reasons must rely on the principle of legality and proportionality in three dimensions: a judgment of suitability of limitation (to the objective proposed), a judgment of need for it (understood as the absence of a less severe measure to achieve the same purpose) and a judgment of proportionality in the strict sense of that limitation (by derived from it a benefit to the public interest justifying some sacrifice of the right).
It is these considerations that have inspired the drafting of this Act in an attempt to reconcile the rights and freedoms of citizens with the strictly necessary interference with them to ensure their safety, without which your enjoyment would be neither actual or effective.
The law, according to constitutional jurisprudence, part of a concept material public safety understood as activity aimed at the protection of persons and property and maintaining the tranquility of the citizens, which includes a plural and diversified of performances, different in nature and content aimed at the same protective purpose of legally well defined. Within this set of actions lie the specific instrumental organizations for this purpose, in particular those corresponding to the Forces and Security Forces, to which Article 104 of the charge Constitution protect the free exercise of rights and freedoms and ensure public safety. Alongside these police activities in the strict sense, the law regulates aspects and attributed to other organs and administrative authorities, such as documentation and identification of persons, administrative control of weapons, explosives, ammunition and pyrotechnic articles or anticipation of the need functions to adopt security measures in certain establishments, with the correlative of a penalty system updated essential to ensure compliance with the purposes of the Act.
The Act is divided into five chapters divided into fifty-four articles, seven additional provisions, a transitional, one repealing and five final.
Chapter I, after defining the object of the Act, includes as novelties most important aims and principles governing the performance of public authorities in the field of public safety, inter-cooperation and collaboration duty the authorities and public employees, different police forces, citizens and businesses and private security personnel, according to a comprehensive perspective of public safety. Among the purposes of the Act include the protection of the free exercise of fundamental rights and public freedoms and the other rights recognized and protected by law; ensuring the normal functioning of the institutions; the preservation of not only security but also the tranquility and peaceful coexistence citizens; respect for the laws in the exercise of the rights and freedoms; the protection of persons and property, with special attention to children and people with disabilities need special protection; the peaceful use of roads and other public assets intended for public use and enjoyment; ensuring the normal delivery of basic services to the community; and transparency in the conduct of public authorities in matters of public safety.
Chapter II regulates the documentation and identification of Spanish citizens, the evidential value of the national identity card and passport and duties of holders of these documents incorporating the possibilities of identification and electronic signature thereof, and maintaining the requirement to display them at the request of law enforcement in accordance with the provisions of the Act.
Chapter III enables the competent authorities to arrange various activities aimed at maintaining and, where appropriate, the restoration of public tranquility in cases of public insecurity, precisely regulating budgets, goals and requirements for these proceedings, in accordance with the principles, among others, proportionality, minimal interference and non-discrimination.
In this sense, they are regulated in detail the powers of the authorities and agents of the Security Forces to issue orders and instructions for entry and registration in homes, requiring identification of persons, carry out checks and records in public places, set restrictions and controls traffic on public roads and other extraordinary measures in situations essential to ensure public safety (eviction of premises or establishments, prohibition of passage, evacuation of buildings, etc.) emergency. Likewise the measures to be taken by the authorities to protect the meetings and demonstrations and to restore normal development in cases of disturbance of public safety are regulated.
The relationship of these security police powers is analogous to that contained in the Organic Law 1/1992 of 21 February, although in guaranteeing the rights of citizens who may be affected by their legitimate exercise the members of the Security Forces, are outlined more precisely the enabling budgets and the conditions and requirements of the exercise, according to constitutional jurisprudence. Thus, enabling agents of the Security Forces to practice identifications on public roads is not justified, as generally happens in the 1992 Act in the exercise of the functions of protection of public safety, but which it is precisely the existence of evidence of involvement in the commission of an offense, or reasonably considers necessary identification to prevent the commission of a crime; Moreover, in the practice of this diligence, staff members must scrupulously respect the principles of proportionality, equal treatment and non-discrimination, and only in case of negative identification, or if it could not be done in situ, you may be required to the person to accompany the officers to the nearest police station where such identification can be made, immediately informing and understandable application purposes of identification mode and, where appropriate, of the reasons for the request.
For the first time external body searches, which can only be done when there is reason to suppose that may lead to the discovery of instruments, effects or other relevant objects for the exercise of the functions conferred upon investigation and prevention are regulated Laws the Security Forces. These records, superficial basis shall cause the least harm to the dignity of the person, made by an agent of the same sex as the person on that practice and, where required respect for privacy, in a quiet place and out of sight of others.
Chapter IV, concerning the special powers of the administrative security police, regulates administrative control measures that the State may exercise on activities related to weapons, explosives, ammunition and pyrotechnic articles.
Also obligations documentary record for relevant activities to public safety, such as housing, commercial access to telephone or telematic services for public use through open to the public, the sale of jewelry and metal objects or works are set art, locksmith security or wholesale scrap and waste products.
On the other hand, from the narrow perspective of public safety, the system of intervention by the competent authorities on public entertainment and recreational activities is contemplated, without prejudice to the powers of the autonomous communities and local entities with regard to normal development.
Chapter V, which regulates the sanctions regime, introduced relevant developments regarding the Organic Law 1/1992 of 21 February. The wording of the chapter as a whole into account, as has repeatedly stated the Constitutional Court, which administrative law and criminal law penalties are nuances, manifestations of a single State ius puniendi. Therefore, the Act is aimed to comply with the principles governing the sanctioning administrative power, specifically those of accountability, proportionality and legality, on two fronts, formal legality or subject to law and legality materials or criminality, without prejudice admission of regulatory cooperation for the specification of behavior and sanctions in relation to offenses defined by law.
As the authors of conduct classified as offenses are exempt from liability under fourteen, in line with the legislation on criminal responsibility of minors. It also provides that when it is declared perpetrator committed a minor eighteen unemancipated or a person with modified capacity judicially shall be jointly liable with him for damages caused their parents, guardians, curators, welcoming or legal guardians or fact.
To ensure proportionality in the imposition of severe and very severe penalties provided by law, the financial penalties in three sections of equal size, which give rise to the minimum, medium and maximum degrees of them are divided and aggravating circumstances and graduation criteria to be taken into account for the identification of financial penalties, thus accepting a requirement of the principle of proportionality present in the administrative case are collected, but that has little reflection in sanctioning regimes incorporate numerous rules of our administrative law.
With regard to table of offenses, in order to better fit the principle of typicality, a list of behaviors that are classified as minor, serious and very serious is introduced, the latter absent from the Organic Law 1/1992, of February 21, which simply allowed the classification of certain serious and very serious depending on the circumstances violations.
Next to the offenses defined by the legislator in 1992, the law punishes conduct that, without constitute a crime, seriously undermine public safety, such as meetings or demonstrations prohibited in places that have the status of infrastructure and facilities where basic services are provided to the community and acts of intrusion into these, when a risk to people is incurred; projecting light beams on drivers or drivers of vehicles with risk of causing an accident, or holding public performances or recreational despite the prohibition or suspension agreed by the authorities for security reasons, among other activities. behaviors that represent a overstepped the right of assembly and demonstration exercise, as well as the disturbance of the exercise of this fundamental right they do not constitute offense is also punishable. Other offenses are aimed at preserving the legitimate exercise of their functions by the authorities and their agents, as well as emergency services.
Moreover, pending reform of the Criminal Code requires a review of the criminal offenses of this nature contained in the book III of the punitive code to incorporate the administrative sphere some behaviors that otherwise would go unpunished, as they are certain public disorder, disrespect for authority, the turbidity of certain goods on public roads or dangerous animals let loose. offenses under the Organic Law 1/1992, of February 21, related to the consumption of toxic drugs, narcotics or psychotropic substances, which are added others aimed to encourage it are also collected. It was considered appropriate sanction prejudicial to the sexual freedom of individuals, especially minors, or to disturb the life of society or the peaceful enjoyment of roads and public spaces behaviors, all legal rights whose protection is part of the purpose of this law for its adjacency to public safety.
Regarding sanctions, pecuniary reordered and three sections of equal size, which give rise to the minimum grade average and maximum of them are set, although the amount of which is not raised can be imposed by the commission of very serious offenses, despite the time elapsed since the adoption of the Organic Law 1/1992 of 21 February time. Is also planned that will fit require the offender, if necessary, replacement of damaged property to its original or situation where this is not possible, compensation for damages, as also happens in other areas where a repair in natura of the situation altered with the offending behavior and, failing that, the satisfaction of an economic equivalent is required. And in order to give proper treatment to infringements of under eighteen in consumer or illegal possession of toxic drugs, narcotics or psychotropic substances the suspension of the sanction is expected if those accessing undergo treatment or rehabilitation, if require it, or re-educational activities.
To help prevent the proliferation of special administrative procedures, provides that the exercise of sanctioning powers in the protection of public security shall be governed by Law 30/1992 of 26 November on the Legal Regime Public Administrations and the Common Administrative procedure and its implementing regulations, without sacrificing the incorporation of certain specialties, such as regulation of summary procedure, which allows to satisfy the voluntary payment of financial penalties for committing serious offenses or mild in a short period from its notification to the effect of the reduction of 50 per 100 of the amount, in terms similar to those already covered by other standards. Finally, create a Central Register of Offences against Public Safety, essential to appreciate the recidivism of offenders and allow thus appropriately punish those who voluntarily and reiterated incur deserving behaviors legal reproach.
Article 1. Purpose.
1. Public safety is a must, as a legal right of collective character, a requirement for the full exercise of fundamental rights and civil liberties, and safeguard role of the state is subject to the Constitution and the laws.
2. This Act is to regulate a plural and diversified performances of various kinds aimed at the protection of public safety, by protecting people and property and maintaining the tranquility of citizens set.
Article 2. Scope.
1. The provisions of this Act are applicable throughout the national territory without prejudice to the powers that have assumed the autonomous communities, where appropriate, within the framework of the Constitution, statutes of autonomy and the law of the State's public security.
2. In particular, are outside the scope of this Act, the requirements are intended to ensure the good order of the shows and the protection of people and goods through an ordinary administrative action, even if it may lead to intervention of Security Forces, as long as it is conceived as a component of usual preventive control system show.
3. Also, this law is without prejudice to the legal regimes governing specific areas of public safety, such as aviation security, maritime, rail, road or transport, being, in any case, safeguarded the provisions concerning national defense and the regulation of states of alarm, emergency and siege.
Article 3. Purposes.
They are the purposes of this Act and action by public authorities in its scope:
A) The protection of the free exercise of fundamental rights and public freedoms and the other rights recognized and protected by law.
B) Ensuring the normal functioning of institutions.
C) The preservation of security and civic coexistence.
D) Respecting the Laws, peace and public safety in the exercise of rights and freedoms.
E) The protection of people and goods, with special attention to children and people with disabilities need special protection.
F) The peaceful use of roads and other public assets and, in general, spaces for public use and enjoyment.
G) Ensuring normal conditions in the provision of basic services to the community.
H) The prevention of crimes and administrative offenses directly related to the purposes indicated in the preceding paragraphs and punishment of this nature typified in this Act.
I) transparency in the activities of public authorities in matters of public safety.
Guiding principles for action by public authorities in relation to public safety.
1. The exercise of the powers and powers granted by this Act to the government and specifically the authorities and other bodies in charge of public safety and members of the Forces and Security Forces shall be governed by the principles of legality, equality treatment and non-discrimination, opportunity, proportionality, effectiveness, efficiency and accountability, and will be subject to administrative and judicial review.
In particular, the provisions of Chapters III and V be interpreted and applied the most favorable to the full realization of fundamental rights and public freedoms, singularly rights of assembly and demonstration mode, freedoms of expression and information, freedom of association and the right to strike.
2. In particular, the performance of the members of the Security Forces is subject to the basic principles set forth in article 5 of the Organic Law 2/1986 of 13 March on Security Forces.
3. Activity intervention is justified by the existence of a specific threat or an objectively dangerous conduct reasonably likely to cause real harm to public safety and, in particular, adversely affecting the rights and individual and collective liberties or alter the normal functioning of public institutions. The specific interventions for maintenance and restoration of public security will be made as provided in Chapter III of this Act.
Article 5. Authorities and bodies.
1. For the Government, through the Ministry of Interior and other bodies and authorities and the Forces and Security Forces under his command, preparation, management and implementation of policy in relation to the overall administration of public security, without prejudice to the powers attributed to other public authorities in this field.
2. They are authorities and bodies in charge of public security, within the scope of the General State Administration:
A) The Minister of the Interior.
B) The Secretary of State for Security.
C) Holders of the governing bodies of the Interior Ministry who have attributed such a condition, under laws or regulations.
D) Delegates of the Government in the autonomous communities and the cities of Ceuta and Melilla.
E) Subdelegates government in the provinces and Island Directors.
3. They will be authorities and bodies for the purposes of this Act, the corresponding autonomous communities that have assumed responsibilities for the protection of persons and property and to maintain public security and possessing a body own police.
4. The authorities of the cities of Ceuta and Melilla and local authorities shall exercise the powers vested in them, according to the Organic Law 2/1986, of 13 March, and local legislation, public entertainment, recreational activities and activities classified .
Article 6. Cooperation
The central government and other public administrations with responsibility for public safety shall be governed, in their relations, the principles of cooperation and institutional loyalty, facilitating the information in accordance with existing legislation and the necessary technical assistance in the exercise of their respective powers, and, when need be, coordinating actions to ensure compliance with this Act, in accordance with the provisions of the Organic Law 2/1986, of March 13, and Law 30 / 1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.
Article 7. Duty to cooperate.
1. All authorities and public officials, within their respective powers and in accordance with specific regulations, should cooperate with the authorities and bodies Article 5 concerns, and provide the help that is possible and appropriate for achieving related purposes in Article 3. When, by virtue of their office, are aware of events seriously disturbing public or rationally be inferred that can cause a serious disruption safety, shall be obliged to immediately inform the authority competent.
2. The authorities and bodies and members of the Forces and Security Forces may obtain from individuals their help and cooperation to the extent necessary to fulfill the purposes of this Act, especially in cases of serious public calamity or extraordinary disaster provided that this does not involve personal risk to them. Those who suffer damages from these causes will be compensated according to the law.
3. The private security companies, the offices of private detectives and private security personnel have a special duty to assist Forces and Security in the exercise of their functions, lend collaboration that need and follow their instructions, pursuant under the rules of private security.
4. Personnel performing administrative police functions will have a special duty to collaborate in achieving the purposes of Article 3 of this Act.
Documentation and personal identification
Article 8. Proof of identity of Spanish citizens.
1. Spaniards have the right to be issued with the National Identity Card.
The National Identity Card is a public and official document and will have the protection that they provide the laws and courage alone for accreditation of identity and personal data of the holder.
2. In the National Identity Card will include the photograph and signature of the owner, as well as personal data specified in the regulations, which respect the right to privacy of the person, but in any case, can be on race, ethnicity, religion, belief, opinion, ideology, disability, sexual orientation or gender identity, or political or union affiliation. The card holder National Identity incorporate security measures necessary to achieve quality conditions and inalterability and maximum guarantees to prevent forgery.
3. The National Identity Card allows older age Spaniards enjoying full capacity to act and emancipated minors electronic identification of the holder and the electronic signature of documents, under the terms provided in specific legislation. People with modified capacity may exercise such powers judicially when expressly requested by the person concerned and does not require, based on the judgment that complements its capacity of representation or assistance from an institution of protection and support to bind or contract.
The certification service provider shall revoke the certificate of electronic signature at the request of the Ministry of Interior, after receiving this communication the civil registrar of the registration of the judgment to determine the need to add capacity to bind or contract, the death or declaration of absence or death of a person.
Article 9. Obligations and rights of the holder of National Identity.
1. The National Identity Card is mandatory from the age of fourteen. This document is not transferable, the owner must keep in force and keep it and guard it with due diligence. You can not be deprived of it, even temporarily, except in the cases where, as provided by law, has to be replaced by another document.
2. All obliged to obtain the National Identity people are also to exhibit and allow checking security measures referred to in paragraph 2 of Article 8 where they may be required to do so by the authority or its agents for the fulfillment of the purposes specified in paragraph 1 of Article 16. in its theft or loss should realize as soon as possible to the police station or position of the Forces nearest Security.
Article 10. Competence of the National Identity Card.
1. The Ministry of Interior exclusive competence for the management, organization and management of all aspects relating to the preparation and issuance of the National Identity Card, as provided in this Act and legislation on electronic signatures.
2. Competition in the preceding paragraph refers to shall be exercised by the Directorate General of Police, which also corresponds custody and responsibility for files and files related to the National Identity Card.
3. His expedition is subject to payment of a fee.
Article 11. Passport of Spanish citizens.
1. The Spanish passport is a public document nontransferable staff, individually and that, unless proved otherwise, establishing the identity and nationality of Spanish citizens outside Spain, and within the national territory, the same circumstances of non-Spanish residents.
2. Spanish citizens have the right to be issued with a passport, which can only be exempted in the following circumstances:
A) Have been sentenced to penalties or custodial measures of security, as they have not become extinct unless obtain authorization from the competent court.
B) it has been agreed by the competent court the withdrawal of his passport in accordance with the provisions of the law.
C) Haberle imposed a measure of probation forbidden to leave the national territory except obtain authorization from the competent court.
D) Where the competent court has prohibited the departure of Spain or passport issuing the minor or the person legally modified capacity, in accordance with the provisions of the law.
3. Obtaining a passport for citizens subject to parental authority or guardianship shall be subject to the express consent of the person or body that is entrusted with the exercise or, failing that, the competent judicial body.
4. Passport holders are required to display it and facilitate it when they were required to do so by the authority or its agents. They are also bound to their custody and conservation with due diligence. Its theft or loss should realize immediately the Security Forces or, where appropriate, to the diplomatic or consular representation of Spain abroad way.
Article 12. Competence of the passport.
1. Competition for shipment corresponds:
A) In the country, the Directorate General of Police.
B) Abroad, the Diplomatic and Consular Representations of Spain.
2. His expedition is subject to payment of a fee.
3. For the Government, at the proposal of the Ministers of Interior and Foreign Affairs and Cooperation, to develop this law concerning the legal status of the passport.
Article 13. Proof of identity of foreign nationals.
1. Foreigners who are in Spanish territory have the right and the obligation to keep and bear with them the documents establishing identity issued by the competent authorities of the country of origin or provenance, as well as proving their regular situation in Spain.
2. Foreigners may not be deprived of their source documentation, except in the course of judicial criminal investigations.
3. Foreigners will be required to exhibit the documentation referred to in paragraph 1 of this article and allow checking security measures thereof, if they were required by the authorities or their agents in accordance with the provisions of the law, and the essential for such verification time, without prejudice to prove their identity by any other means if you do not take with them.
Actions for maintenance and restoration of public security
SECTION 1. General Powers of security police
Article 14. Orders and prohibitions.
The competent authorities in accordance with the laws and regulations, may make such orders and prohibitions and police actions have strictly necessary to ensure the achievement of the purposes of this Act, a duly reasoned decision.
Article 15. Entry and residence registration and buildings of government agencies.
1. The agents of the Security Forces can only proceed at the entrance and residence registration in cases permitted by the Constitution and the terms established by law.
2. It will be sufficient cause for legitimate entry address the need to prevent imminent and serious harm to people and things, in the event of catastrophe, calamity impending doom or similar extreme and urgent need.
3. For entry into buildings occupied by government agencies or public entities, not the consent of the authority or official who having charge will be necessary.
4. When for the reasons specified in this article the Security Forces enter a private residence, shall transmit without delay the minutes or crowded to instruct the competent judicial authority.
Article 16. Identification of persons.
1. In carrying out its functions of inquiry and crime prevention as well as punishment of criminal and administrative offenses, the agents of the Security Forces may require the identification of persons in the following cases:
A) Where there are indications that they have been involved in the commission of an offense.
B) Where, in view of the circumstances, it is reasonably necessary to prove their identity to prevent the commission of a crime.
In these cases, agents may carry out the necessary checks on public roads or in the place where they had made the request, including identification of people whose face is not visible wholly or partly by using any type of garment or object that cover, preventing or hindering identification, whenever necessary for the purposes indicated.
In the practice of identifying the principles of proportionality, equal treatment and non-discrimination are strictly respected for reasons of birth, nationality, racial or ethnic origin, sex, religion or belief, age, disability, sexual orientation or identity, opinion or any other condition or personal or social circumstance.
2. When not possible identification by any means, including electronically or by telephone, or if the person refuses to identify, agents, to prevent the commission of an offense or to penalize an infringement, it may require those who could not be identified to accompany them to the nearest police station where he has adequate means for the practice of this diligence, solely for identification purposes and for the time strictly necessary, which in no case shall exceed six hours.
The person who requested to be identified will be informed immediately and understandable reason for such request mode and, where applicable, the requirement to accompany the officers to the police.
3. On the premises referred to in paragraph 1 February logbook in which only related to public safety seats they will be practiced. They consist in him practiced measures of identification, and the reasons, circumstances and duration thereof, and only data may be communicated to the competent judicial authority and the public prosecutor. The competent body of the Authority will send monthly to the Prosecutor extract of measures of identification stating the time spent on each. The seats of this logbook is officially canceled three years.
4. A displaced persons into custody for identification purposes, they must issue a certificate departure wheel of time spent on them, the cause and the identity of the acting agents.
5. In cases of resistance or refusal to identify or assist in the identification checks or practices, will be subject to the provisions in the Penal Code, the Criminal Procedure Act and, where applicable, in this Act.
Article 17. Restriction of traffic and controls on public roads.
1. The agents of the Forces and Security Forces may limit or restrict the movement or stay in roads or public places and set up security zones in the event of disruption of public safety or peaceful coexistence, or reasonable suspicion it may occur such alteration, essential for the maintenance or restoration time. They may also preemptively occupy the effects or instruments capable of being used for illegal actions, giving them the legally appropriate.
2. For prevention of particularly serious crimes or generators social alarm, as well as for the discovery and arrest of those who had participated in the commission and proceed to the collection of instruments, effects or evidence may be established controls on roads, places or public establishments, whenever it is necessary to proceed to the identification of people who are in them, vehicle registration or superficial control of personal effects.
Article 18. Checks and records in public places.
1. The enforcement officers can practice checks on people, goods and vehicles necessary to stop on the tracks, public places and establishments behave or illegally using weapons, explosives, hazardous substances or other objects, instruments or means to generate potentially serious risk to humans, capable of being used to commit a crime or disturb public safety, whenever indications of their possible presence in such places, proceeding, if any, to their intervention. To this end, citizens have a duty to assist and not hinder the work of agents of authority in the exercise of their functions.
2. The agents of the Authority may proceed with the temporary occupation of any objects, tools or means of attack, including weapons behave under license, permit or authorization if deemed necessary, in order to prevent the commission of any offense, or when there is danger to the safety of persons or property.
Article 19. Common to measures of identification, registration and verification provisions.
1. Measures of identification, registration and verification carried out by the agents of the Security Forces during actions taken pursuant to this section shall not be subject to the same formalities detention.
2. The apprehension during the procedures of identification, registration and verification of weapons, drugs, narcotics, psychotropic substances or other effects from a crime or administrative offense shall be recorded in the minutes, which shall be signed by the applicant; if he refused to sign it, expressly he stated its refusal leave. The minutes extending enjoy presumption of correctness of the facts set forth therein, unless proven otherwise.
external body searches.
1. It may be performed for the external and superficial body search of the person when there are reasonable grounds for believing that it may lead to the discovery of instruments, effects or other relevant objects for the exercise of the functions of investigation and prevention conferred upon the laws to Forces Security.
2. Unless there is an emergency situation serious and imminent risk to the agents:
A) The registration shall be made by an agent of the same sex as the person on whom the inspection was carried out.
B) if demanded leave the parties view the body normally covered by clothing, be held in a quiet place and out of sight of others. It is written this diligence, its causes and the identity of the agent who adopted shall be recorded.
3. External body searches respect the principles of paragraph 1 of Article 16 and the minimum interference and shall be conducted in the manner that causes the least harm to privacy and dignity of the person concerned, who shall be informed immediately and understandable the reasons for its realization.
4. The records referred to in this article may be carried out against the will of the affected, adopting the measures necessary compulsion, according to the principles of suitability, necessity and proportionality.
extraordinary security measures.
The competent authorities may agree, as extraordinary security measures, the closure or evacuation of premises or establishments, prohibition of passage, evacuation of buildings or public spaces properly dimensioned, or deposit of explosives or other substances likely to be used as such, in emergency situations that make them indispensable and for the time strictly necessary to ensure public safety while. Such measures may be taken by law enforcement if the urgency of the situation made necessary, including through verbal commands.
For the purposes of this article, the term emergency situation that supervening event risk for an imminent danger to persons or property and demands prompt action by the authorities or their agents to avoid or mitigate effects.
Article 22. Use of camcorders.
The governmental authority and, if necessary, the Security Forces will proceed to the recording of people, places or objects legally authorized by cameras fixed or mobile video surveillance, in accordance with current legislation on the subject.
Section 2 Maintenance and restoration of public security meetings and demonstrations
Article 23. Meetings and demonstrations.
1. The authorities referred to this Act shall take the necessary measures to protect the meetings and manifestations, preventing disturb public safety.
May also decide the dissolution of meetings in public places and demonstrations in the cases provided for in Article 5 of the Organic Law 9/1983 of 15 July, regulating the right of assembly.
May also be dissolved concentrations of vehicles on public roads and remove those or any other kind of obstacles when impede, endanger or hinder the movement along these routes.
2. The intervention measures for the maintenance or restoration of public safety in meetings and demonstrations will be gradual and proportionate to the circumstances. The dissolution of meetings and demonstrations will be the last resort.
3. Before taking the measures referred to in the preceding paragraph, the acting units of the Security Forces shall notify such measures to those affected, and may do so verbally if the urgency of the situation did imperative.
If a disturbance of public safety with weapons, explosive devices or blunt or any other dangerous objects mode, the Security Forces can dissolve the assembly or demonstration or remove vehicles and obstacles occur without notice.
Article 24. Collaboration between the Security Forces.
In cases to which the preceding article, the Security Forces and cooperate each other in the terms established in its regulatory Organic Law.
Special Powers administrative security police
Article 25. Obligations documentary record.
1. Natural or legal persons engaged in activities relevant to public safety, such as hosting, passenger transport, commercial access to telephone or telematic services for public use through open to the public, trade or repair of objects used, rent or scrapping establishments motor vehicles, sale of jewelry and metals, whether precious or not, objects or works of art, locksmith security management centers metal waste, establishments wholesale scrap and waste products, or selling products dangerous individuals, chemicals will be subject to the obligations of documentary registration and information on the terms established by the applicable provisions.
2. Holders of high-speed vessels, as well as light aircraft will be required to carry out the actions of documentary record and information provided in the regulations.
Article 26. Establishments and forced to adopt security measures facilities.
Reglamentariamente, developing the provisions of this Act, legislation of private security in critical infrastructure or other sectoral regulation, the need for security measures in establishments and industrial, commercial and facilities may be established services, as well as critical infrastructure, in order to prevent criminal acts or administrative offenses, or when generating a direct risk to others or are especially vulnerable.
Article 27. Shows and leisure activities.
1. The State may enact public safety standards for buildings and facilities in which entertainment and recreational activities are held.
2. The authorities to respect this law shall take steps to preserve the peaceful conduct of public spectacles measures. In particular, they may prohibit and, in case of being celebrated, suspend entertainment and recreational activities where there is a certain danger to people and property, or acaecieran or serious disturbances of public safety were provided for.
3. The specific rules determine the circumstances in which delegates authority must be present at the celebration of entertainment and recreational activities, which may, prior notice to the organizers, suspending them for reasons of extreme urgency in the cases provided for in the preceding paragraph.
4. Sporting events will, in any case, subject to measures of violence prevention arranged in specific legislation against violence, racism, xenophobia and intolerance in sport.
Article 28. Administrative control on weapons, explosives, ammunition and pyrotechnic articles.
1. For the Government:
A) Regulation of the requirements and conditions of manufacture, repair, circulation, storage, trade, acquisition, sale, possession and use of weapons, imitations, replicas and fundamental parts.
B) Regulation of the requirements and conditions mentioned above in connection with explosives, ammunition and pyrotechnic articles.
C) The adoption of the control measures required for compliance with the requirements and conditions referred to in paragraphs a) and b).
2. The intervention of weapons, explosives, ammunition and pyrotechnics for the Ministry of Interior, which exercises it through the General Directorate of the Civil Guard, whose services are enabled to perform at any time inspections and checks necessary in spaces which they are intended for their manufacture, storage, marketing or use.
Article 29. Control measures.
1. The Government will regulate the measures necessary control over the materials listed in the previous article:
A) by holding the opening and operation of factories, workshops, storage, marketing facilities and places of use and activities related to them or classification requirements, authorization, information, inspection, monitoring and control , special qualification requirements for personnel responsible for handling and determination of the liability regime of those who have the duty to prevent the commission of certain offenses.
B) Establishing ownership of compulsory licenses, permits or authorizations for the acquisition, possession and use of firearms, whose expedition will restrictiveness in the case of self defense weapons, in relation to which the granting of licenses, permits or authorizations will be limited to cases of strict necessity. For licensing, permits and authorizations behavior and background of the person concerned be taken into account. In any case, the applicant will provide its consent for the body of the General Administration of the State processing the application for criminal record are collected.
C) Through the prohibition of the manufacture, possession and sale of weapons, ammunition, pyrotechnic articles and especially dangerous explosives, and the deposit thereof.
2. Manufacturing, trade and distribution of weapons, pyrotechnics, ammunition and explosives, is a sector with specific rules governing the right of establishment, under the terms provided by the legislation on foreign investments in Spain, corresponding to the Ministries of Defence, Interior and Industry, Energy and Tourism exercising the powers of supervision and control.
SECTION 1. Subject responsible, competent bodies and general rules on infringements and application of penalties
Article 30. Subjects
1. The responsibility for the offenses committed will fall directly on the perpetrator which constitute an infringement.
2. They shall be exempt from responsibility for the offenses committed under fourteen.
If the offense is committed by a child under fourteen, the competent authority shall inform the Public Prosecutor to initiate, if necessary, appropriate actions.
3. For the purposes of this Act shall be deemed organizers or promoters of meetings in public places or manifestations natural or legal persons who have the required communication. Also, while not having signed or submitted the communication shall also be considered organizers or promoters who in fact preside, direct or carrying out such acts, or who by publications or statements call for them, by oral statements or written in them are disseminated by slogans, flags or other signs bearing or by any other facts that may reasonably be determined are those directors.
Article 31. Insolvency Rules.
1. The facts could be classified under two or more provisions of this or any other Act shall be punishable by observing the following rules:
A) The special provision shall apply in preference to general.
B) The wider complex or absorb provision that penalties for infringement consumed at that.
C) In the absence of the above criteria, the most serious sanction provision will exclude the fact that a lesser penalty.
2. In the event that a single act constitutes two or more offenses, or when one of them is a necessary means to commit the other, the behavior will be punished for that offense to apply a higher penalty.
3. When an act or omission be taken into account as a criterion for graduation sanction or as a circumstance determine the classification of the infringement it may be penalized as an independent offense.
Article 32. Competent bodies.
1. They are competent bodies in the field of the General State Administration:
A) The Minister of Interior, for the punishment of very serious infringements in the highest degree.
B) The Secretary of State for Security, for the punishment of very serious infringements in intermediate and minimal distortion.
C) Delegates of the Government in the autonomous communities and the cities of Ceuta and Melilla, for the punishment of serious and minor infringements.
2. They are competent to impose the sanctions described in this Act the relevant authorities of the Autonomous Community in the field of their responsibility for public safety.
3. The mayors may impose penalties and take the measures provided for in this Act where the offenses are committed in municipal public spaces or affecting local ownership goods, provided that they possess jurisdiction over the matter in accordance with specific legislation.
In Article 41, the bylaws may introduce specifications or graduations in the table of offenses and sanctions described in this Act.
Article 33. Graduation of sanctions.
1. In the imposition of sanctions for committing the offenses described in this law the principle of proportionality, in accordance with the provisions of the following paragraphs it shall be observed.
2. Within the limits provided for very serious and serious offenses, the fines will be divided into three sections of equal size, corresponding to the minimum grade average and maximum under the terms of paragraph 1 of Article 39.
The commission of an offense will determine the imposition of the corresponding fine in minimum degree.
The offense is punishable by a fine half a degree when the audience is credited, at least one of the following circumstances:
A) Recidivism, by the commission within two years of more than one offense of the same nature, when this has been declared by final administrative decision.
B) The realization of intervening facts violence, threats or intimidation.
C) The execution of events using any type of garment or object that cover the face, preventing or hindering identification.
D) That in the commission of the offense is used to minors, persons with disabilities need special protection or vulnerable.
In each grade, for the individualization of the fine the following criteria are taken into account:
A) The entity produced risk to public safety or public health.
B) The amount of damage caused.
C) The importance of injury prevention, maintenance or restoration of public safety.
D) The disturbance caused in the operation of public services or supplies to the population of goods and services.
E) The degree of culpability.
F) The economic benefit as a result of the commission of the offense.
G) The economic capacity of the offender.
Violations are punishable only by a fine in the highest degree when the facts of particular gravity and thus justify taking into account the number and the entity of the circumstances and the criteria in this section.
3. The fine for committing minor offenses will be determined directly in the circumstances and criteria of the previous section.
Offences and penalties Section 2
Article 34. Classification of infringements.
The offenses described in this Law are classified as very serious, serious and minor.
Article 35. Very serious offenses.
Very serious infringements
1. Meetings or demonstrations unreported or prohibited in infrastructure or facilities where basic services to the community or nearby lend and intrusion into the precincts of these, including the flyby, when, in any of these assumptions, it has generated a risk to life or physical integrity of persons.
For meetings and events organizers or promoters will be responsible.
2. The manufacture, repair, storage, circulation, trade, transport, distribution, procurement, certification, disposal or use of service weapons, explosives cataloged, ammunition or pyrotechnic articles, breaking the rules of application, lacking documentation or authorization required or exceeding the authorized limits when such conduct may not constitute a crime and failure, failure, or lack of effectiveness of security measures or precautions that are mandatory, provided that such actions are caused very serious damage.
3. Holding public performances or recreational activities breaking the prohibition or suspension ordered by the appropriate authority for reasons of public safety.
4. The projection of light beams through any device, on pilots or drivers of transport that can dazzle or distract your attention and cause accidents.
Article 36. Serious offenses.
Are serious infringements:
1. Disturbance of public safety at public events, sporting or cultural events, religious feasts and crafts or other meetings to attend many people, when not constitute a criminal offense.
2. The serious disturbance of public safety to occur at meetings or demonstrations outside the headquarters of the Congress of Deputies, the Senate and the legislative assemblies of the autonomous communities, although they were not together when not constitute a criminal offense.
3. Cause disorders pathways, spaces or public establishments, or hinder public roads with street furniture, vehicles, containers, tires or other objects, as in both cases a serious disturbance of public safety is incurred.
4. Acts of obstruction seeking to prevent any authority, public employee or official corporation the legitimate exercise of their functions, performance or enforcement of agreements or administrative or judicial decisions, whenever they occur outside the legally established procedures and are not constitute a crime.
5. Actions and omissions that prevent or hinder the operation of the emergency services, causing or increasing the risk to life or integrity of persons or damage to property, or aggravating the consequences of the event giving rise to the actions of those.
6. Disobedience or resistance to authority or its agents in the exercise of their functions, when not constitute a crime, and the refusal to identify themselves at the request of the authority or its agents or allegation of false or inaccurate data in the identification processes.
7. The refusal to dissolution of assemblies and demonstrations in public places ordered by the competent authority when attended the provisions of article 5 of the Organic Law 9/1983, of July 15.
8. Disturbance of developing a lawful meeting or demonstration, if not constitute a criminal offense.
9. Intrusion infrastructure or facilities where basic community services are provided, including overflight, where there has been a serious interference in its operation.
10. Possess, display or use prohibited weapons and carry, display or use weapons of negligent, reckless or intimidating, or outside the places authorized for use so even though in the latter case license had, provided that such conduct does not constitute criminal offense.
11. The solicitation or acceptance by the applicant of sexual services paid in areas of public transit in the vicinity of places intended for use by children, such as schools, playgrounds and recreational spaces accessible to minors, or when these behaviors, by the place where they are made, can create a risk to road safety.
Agents the authority to require persons who offer these services to refrain from doing so in these places, informing them that failure to observe that requirement could constitute a violation of Article 6 of this article.
12. The manufacture, repair, storage, circulation, trade, transport, distribution, procurement, certification, disposal or use of service weapons, explosives cataloged, ammunition or pyrotechnic articles, breaking the rules of application, lacking documentation or authorization required or exceeding the authorized limits when such behaviors are not constitute offense and omission, failure or lack of effectiveness of security measures or precautions that are required.
13. The refusal of access or deliberate obstruction of inspections or regulatory controls established under the provisions of this Act, in factories, premises, facilities, ships and aircraft.
14. The public and misuse of uniforms, badges or official decorations, or replicas thereof, and other items of equipment of the police or emergency services that can generate deception about the condition of those who use them, if not is establishing a criminal offense.
15. The lack of cooperation with the Security Forces in the investigation of crimes or prevent actions that could jeopardize public safety in the cases provided for in Article 7.
16. Consumption or illegal possession of toxic drugs, narcotics or psychotropic substances, even if they were not intended for traffic, in places, roads, public facilities or public transport, as well as the abandonment of instruments or other effects used for this purpose in the said places .
17. Moving people with any type of vehicle, in order to facilitate access to these toxic drugs, narcotics or psychotropic substances, provided that not constitute a crime.
18. The execution of acts of planting and cultivation of illicit drugs, narcotics or psychotropic substances in places visible to the public, they are not constitute a criminal offense.
19. Tolerance of illegal consumption or trafficking of drugs, narcotics or psychotropic substances in local or public establishments or lack of diligence in order to prevent them by the owners, managers or officers thereof.
20. The lack of records under this Act for activities with relevance to public safety or omission of required communications.
21. The allegation of false data or circumstances to obtain the documentation provided in this Law, provided they do not constitute a criminal offense.
22. Failure of restrictions on navigation regulations imposed on high-speed boats and light aircraft.
23. Unauthorized use of images or personal or professional data authorities or members of the Forces and Security Forces that can put personal or family security agents, protected facilities or at risk the success of an operation in jeopardy, with respect for the fundamental right to information.
Article 37. Minor offenses.
1. Meetings in public places or manifestations, in breach of the provisions of Sections 4.2, 8, 9, 10 and 11 of the Organic Law 9/1983, of July 15, whose responsibility will correspond to the organizers or promoters.
2. The display of dangerous objects to life and physical integrity of persons with intimidating mood, if not constitute a crime or serious offense.
3. Failure to pedestrian traffic restrictions or itinerary during a public event, meeting or demonstration, when causing minor alterations in the normal development of the same.
4. The lack of respect and consideration provided to a member of the Security Forces in the exercise of their functions safety protection when these behaviors are not constitute a criminal offense.
5. Making or inducement to engage in acts against freedom and sexual, or perform obscene acts when no indemnity constitutes a criminal offense.
6. The projection of light beams through any device, on members of the Security Forces to prevent or hinder the exercise of their functions.
7. The occupation of any building, dwelling or building outside, or stay in them, both against the will of its owner, lessee or holder of another right on it, they are not constitute a criminal offense.
occupation of public roads in violation of the provisions of the law or against the decision taken pursuant to it by the competent authority. It means in this course the occupation of public roads for unauthorized hawking.
8. Omission or inadequacy of measures to ensure the conservation of the documentation of weapons and explosives, as well as the failure to report the loss or theft of it.
9. Irregularities in the completion of records provided in this Act importance for public safety, including the allegation of false data or circumstances or omission of mandatory communications within the prescribed time limits, provided they do not constitute a criminal offense.
10. Breach of the obligation to obtain the legally required personal documentation and the negligent failure to report their lost or stolen.
11. Negligence in the custody of the legally required personal documents, considering as such the third and subsequent losses or losses within one year.
12. The refusal to deliver the legally required personal documents when they had agreed to their withdrawal or withholding.
13. Damage or turbidity movable or immovable property for public use or service, as well as movable property or private property on public roads, they do not constitute a criminal offense.
14. Scaling buildings or monuments without authorization when there is a risk of damage to persons or property incurred.
15. The removal of fences, curbs or other fixed or mobile elements placed by the Security Forces to define security perimeters, even preventively, when not constitute serious infringement.
16. Leave loose or able to cause fierce or vermin damage, and leave pets in conditions which may endanger his life.
17. The consumption of alcoholic beverages in places, roads, public transport facilities or when seriously disturb the public peace.
Article 38. Prescription of offenses.
1. Administrative offenses classified under this Act shall be six months, one year or two years if committed, as are minor, serious or very serious, respectively.
2. The deadlines set forth in this Law shall be calculated from the day the offense was committed. However, in cases of repeated infringements and infringements of permanent effects, deadlines are calculated, respectively, from the day when the last infringement was made and since removed the unlawful situation.
3. The prescription is interrupted by any administrative action which have formal knowledge the applicant addressed to the sanction of the infringement, resuming the calculation of the limitation period if the procedure was paralyzed more than a month for reasons not attributable to the accused.
4. Prescription is also interrupted as a result of the opening of a criminal judicial proceedings until the judicial authority inform the administrative body completion under the terms of paragraph 2 of Article 45.
Article 39. Sanctions.
1. Very serious infringements are punishable by a fine of 30,001 to 600,000 euros; serious, a fine of 601 to 30,000 euros, and slight, with a fine of 100-600 euros.
According to Article 33.2, corresponding to the maximum degree sections, medium and minimum fines provided for committing serious and very serious infringements will be:
A) For very serious offenses, the minimum fine degree comprise 30,001 to 220,000 euros; the average degree of 220,001 to 410,000 euros, and the maximum degree, from 410,001 to 600,000 euros.
B) For serious offenses, the minimum degree understand the fine from 601 to 10,400; the average degree of 10,401 to 20,200 euros, and the maximum degree of 20,201 to 30,000 euros.
2. The fine may take some rigged or some of the following additional sanctions, depending on the nature of the facts constituting the offense:
A) The withdrawal of weapons and licenses or permits pertaining thereto.
B) confiscation of goods, means or instruments which have been prepared or executed the offense and, where appropriate, of the effects from it, unless one or the other belonging to a third party in good faith not liable for such infringement that lawfully acquired. When instruments or effects are of legal trade and their value does not relate to the nature or seriousness of the offense, the competent body to impose the appropriate sanction may not agree or partially agree as confiscation.
C) The temporary suspension of licenses, authorizations or permits for six months and one day to two years for very serious offenses and up to six months for serious infringements, within the scope of the matters covered in Chapter IV of this law. in case of recidivism, the penalty shall be two years and one day to six years for very serious offenses and up to two years for serious offenses.
D) The closing of factories, premises or establishments, six months and one day to two years for very serious offenses and up to six months for serious infringements, within the scope of the matters covered in Chapter IV of this Act . in case of recidivism, the penalty shall be two years and one day to six years for very serious offenses and up to two years for serious offenses.
Article 40. Prescription of sanctions.
1. The penalties imposed for very serious offenses shall expire after three years, those imposed for serious offenses, two years and those imposed for minor infractions per year, calculated from the day following that on which becomes final in administrative resolution by which the penalty is imposed.
2. Interrupt prescription initiation, with knowledge of the subject, the execution procedure, returning to the period of time if it is paralyzed for more than a month for reasons not attributable to the offender cause.
Article 41. Enabling Regulatory
The implementing regulations may introduce specifications or graduations in the table of offenses and sanctions described in this Act, without creating new offenses or sanctions, or alter its nature and limits, contribute to the correct identification of behaviors or the more accurate determination of the appropriate penalties.
damage repair and compensation.
1. If punishable acts had caused damages to public administration, the resolution of the proceedings contain an express ruling on the following:
A) Requiring the offender replenishment to its original state of the situation altered by the offense.
B) Where this is not possible, compensation for damages, if they had been determined during the procedure. If the amount of the damages had not been established, it shall be determined in a complementary procedure, susceptible conventional termination, the resolution will end the administrative route.
2. Civil liability for a breach will always solidarity among all causes of damage.
3. When declared perpetrator committed a minor eighteen unemancipated or a person with the ability modified judicially liable jointly and severally with him, the damages caused their parents, guardians, curators, welcoming or legal guardians or indeed as appropriate.
Article 43. Central Registry of Offences against Public Safety.
1. For the sole purpose of assessing the recidivism in the commission of offenses defined in this Act, it is created in the Ministry of Interior a Central Register of Offences against Public Safety.
The autonomous communities that have assumed responsibilities for the protection of persons and property and to maintain public security and possessing a police body itself, can create their own records of offenses against public safety.
2. The organization and operation regulations of the Central Register of Offences against Public Safety, in which only the following seats practice is regulated:
A) Personal data of the offender.
C) Sanction or firm administrative sanctions imposed, indicating their temporal scope, where appropriate.
D) Date and place of the commission of the offense.
E) Authority that imposed the sanction.
3. The people who have been imposed a sanction has become final in administrative proceedings shall be informed that they will proceed to the practice of the corresponding entries in the Central Register of Offences against Public Safety. They may request access, rectification or cancellation of your data in accordance with the provisions of Law 15/1999, of December 13, Protection of Personal Data, and its implementing regulations. The seats will be canceled from office after three years in the case of very serious infringements, two years in the case of serious infringements and one in the minor infringements, counting from the firmness of the sanction.
4. The authorities and bodies of the various public administrations with sanctioning competence in the field of public safety, in accordance with this Act, shall inform the Central Register of Offences against Public Safety punitive resolutions dictated, once final in administrative proceedings. Also, for these purposes, such public administrations have access to the data contained in the Central Registry.
SECTION 3. Disciplinary proceedings
Article 44. Legal regime.
The exercise of sanctioning powers in the protection of public safety is governed by Title IX of Law 30/1992 of 26 November, and its implementing provisions, without prejudice to the special regulated in This chapter.
Article 45. Subsidiary nature of punitive administrative proceeding for criminal.
1. Not be sanctioned events that have been sanctioned criminally or administratively when identity of subject and factual foundation appreciate.
2. In cases where the conduct may constitute a crime, the administrative body will pass both blames the judicial authority or the Public Prosecutor and refrain from following the sanctioning procedure until the judicial authority not to issue a judgment or decision of another thus ends the criminal proceedings or the prosecution not remember the inappropriateness of commencing or continuing proceedings in criminal proceedings, remaining until then interrupted the limitation period.
The judicial authority and the public prosecutor shall inform the administrative body resolution or agreement they had taken.
3. It has not estimated the existence of criminal offense, or if it was issued resolution other end the criminal proceedings may be initiated or continue the infringement procedure. In any case, the administrative body shall be bound by the facts as established in the courts.
4. The precautionary measures adopted before judicial intervention may be maintained while the judicial authority decides otherwise not.
Article 46. Access to data of other public administrations.
1. The authorities and bodies of the various public authorities responsible for imposing sanctions under this Act may access data on offenders subjects that are directly related to the investigation of the facts constituting the offense, without prior consent of data, with security guarantees, integrity and availability, in accordance with the provisions of Law 15/1999 of 13 December.
2. For the sole purpose of complying with the performances that the organs of the General Administration competent State in the procedures governed by this Act and its implementing rules are mandated, the State Tax Administration Agency and the General Treasury of the Social Security in terms established in the tax law or social security, as well as the National Institute of Statistics, regarding the Municipal Register of Inhabitants, shall provide those access to the files in the data found data to be recorded in such proceedings, without that requires the consent of those concerned.
Article 47. Provisional measures before the procedure.
1. The agents of authority intervene and precautionary apprehend the instruments used in the commission of the offense as well as money, the fruits or directly obtained products, which will remain in the tanks established for the purpose or under the custody of the Forces Security while sanctioning or until the return is resolved or the confiscation decreed, if necessary, proceedings are conducted.
Notwithstanding the provisions of paragraph 3 of Article 49, if the apprehension out of consumables and the cost of the deposit exceeds the market value, they will be destroyed or given the right destination, in accordance with the procedure is established by regulation.
2. Exceptionally, in cases of serious risk or imminent danger to persons or property danger, provisional measures provided in paragraph 1 of Article 49, except paragraph f) may be taken directly by the agents of authority prior to character the initiation of the procedure, must be ratified, modified or revoked in accordance opening within a maximum period of fifteen days. In any case, these measures shall be without effect if, within that period, not the procedure or initiation agreement does not contain an express statement about them is initiated.
Article 48. Previous actions.
1. Prior to the initiation of the procedure may be performed prior actions to determine whether the circumstances justify them. In particular, these actions will aim to determine as accurately as possible, the facts likely to motivate the initiation of proceedings, the identification of the person or persons who might be responsible and relevant circumstances surrounding each other.
The previous actions will be incorporated into disciplinary proceedings.
2. Previous actions may develop without intervention of the alleged perpetrator, if necessary to ensure the success of the investigation, leaving written in the educated to the effect of the reasons for its non-intervention measures record.
3. The practice of previous actions will not interrupt the prescription of offenses.
Article 49. Provisional measures.
1. Opened the file, the competent body to resolve may take at any time, by reasoned agreement, interim measures as are necessary to ensure the effectiveness of the resolution could fall, the success of the procedure, avoid maintaining the effects of the offense or preserve public safety, but in no case may have punitive nature. Such measures shall be proportionate to the nature and seriousness of the offense and may consist especially in:
A) The safe deposit of the instruments or used for the commission of offenses effects and, in particular, weapons, explosives, aerosols, potentially dangerous objects or materials for the public peace, toxic drugs, narcotics or psychotropic substances.
B) The adoption of security measures of persons, goods, facilities or facilities that are at risk, by their holders.
C) Suspension or preventive closure of factories, premises or establishments likely to affect public safety.
D) The partial or total suspension of activities in establishments that are notoriously vulnerable and have no operational security measures necessary.
E) The adoption of security measures of persons and goods in infrastructure and basic facilities in which community services are provided.
F) The suspension of the activity under authorizations, permits, licenses and other documents issued by the administrative authorities, within the framework of the rules that applies.
G) The suspension on the sale, resale or peddling entries show or recreational activity or celebration whose development could pose a risk to public safety.
2. Expenses incurred by the adoption of provisional measures shall be borne by the cause of the facts of the disciplinary proceedings.
3. The duration of provisional measures shall not exceed half of the period provided in this Act for the penalty that may be applicable to the offense, unless duly reasoned agreement adopted by the competent body.
4. The agreement for interim measures concerned shall be notified at the address of which is satisfied by any means the administration or, where appropriate, by electronic means, indicating the funds obtained against the same body before to be submitted and time limits applicable. The competent authority for adoption may agree that is the subject of general knowledge when necessary to ensure public safety, subject to the provisions of the legislation on protection of personal data.
5. The measures taken shall be immediately executive, without prejudice to the parties concerned can apply for suspension justifying the appearance of good law and the existence of damage difficult or impossible to repair, providing, if necessary, sufficient security to ensure the damage that might arise for public safety.
6. Agreed interim measures may be modified or lifted when circumstances change that led to its adoption and, in any case, be extinguished with the decision terminating the procedure.
Article 50. Termination of the procedure.
1. The procedure one year lapse since its opening without having notified the resolution must, however, be taken into account in calculating the possible shutdowns for reasons attributable to the person concerned or the suspension should be agreed by the existence of a criminal judicial procedure , upon the occurrence of identity of subject and foundation made until the end of it.
2. The resolution declaring the expiry notify the applicant and will terminate the procedure, without prejudice to the administration to agree to the opening of a new procedure while the offense has not prescribed. Proceedings expired not interrupt the limitation period.
Article 51. Effects of the resolution.
In the field of State Administration, the resolution of disciplinary proceedings may be appealed in accordance with Law 30/1992 of 26 November. Against the decision terminating the administrative proceedings may be brought administrative appeal, where appropriate, by the procedure for the protection of fundamental rights of the person, under the terms of Law 29/1998, of July 13, regulating the administrative Jurisdiction.
Article 52. probative value of the statements of agents of authority.
In disciplinary procedures instructed in the subject matter of this Act, complaints, attestations or records made by the agents of authority in the exercise of their functions had witnessed the events, following ratification in the case being they denied by the accused, constitute sufficient basis for taking the appropriate decision, unless the contrary is without prejudice to those be made to record all the evidence available.
Article 53. Execution of the penalty.
1. Once firmly in administrative, it proceeds to the execution of the penalty as provided in this Act.
2. Compliance with the sanction of suspension of licenses, authorizations or permits will start one month after the sentence has become final in administrative proceedings.
3. The financial penalties that have not been previously paid shall be payable within the date of finality of the penalty fortnight. Once the payment period has expired without the sanction had been satisfied, the charge shall be conducted by the enforcement procedure. For this purpose, it shall be enforceable providence of urgency notified to the debtor, issued by the competent body of the administration.
4. When sanctions have been imposed by the central government, organs and executive collection procedures are set out in the General Collection Regulations, approved by Royal Decree 939/2005 of 29 July.
5. If the resolution agreed by the return of the instruments seized as a precautionary measure to which paragraph 1 of Article 47 refers, one month after the notice thereof without the owner has recovered the apprehended object, it proceeds to its destruction or be given the right destination under this Act.
Article 54. Simplified procedure.
1. Once notified the agreement to initiate the procedure for sanctioning of serious or minor infringements, the applicant shall have a period of fifteen days to make voluntary payment with reduced penalty of a fine, or to formulate the claims and propose or provide the evidence it deems appropriate.
If you make the payment of the fine under the conditions indicated in the preceding paragraph, the abbreviated disciplinary procedure will be followed, and if not, the infringement procedure ordinary.
2. The abbreviated disciplinary procedure shall not apply to very serious infringements.
3. Once done voluntary payment of the fine within fifteen days from the day following its notification, it shall terminate the disciplinary proceedings with the following consequences:
A) The reduction of 50 percent of the amount of the penalty fine.
B) waiver to make submissions. In the event that were made will be deemed not filed.
C) The termination of the procedure without issuing an express decision, the day the payment is made, the penalty being appealed only to the contentious-administrative jurisdiction.
First additional provision. Control Regime drug precursors and explosives.
The system of licensing activity and the system of penalties applicable for infringements of Community and international provisions for monitoring trade in drug precursors and explosives shall be governed by the provisions of their specific legislation.
Second additional provision. System of protection of critical infrastructure.
The protection of critical infrastructure will be governed by specific legislation and additionally by this Act.
Third additional provision. Compelled procedures for obtaining national identity card and passport.
In administrative procedures for obtaining the national identity card and passport will be mandatory for the person concerned before the competent bodies or administrative units for processing.
may be exempted from personal appearance to the applicant of a provisional passport on a diplomatic mission or Spanish consular office justified for reasons of illness, risk, or other similar distance and duly accredited prevent or substantially affect the appearance.
Fourth additional provision. Communications Civil Registry.
In order to comply with the provisions of Article 8.3 of the Act, the Civil Registry will inform the Ministry of Interior inscriptions resolutions judicially modified capacity, deaths or statements of absence or death, according to Article 80 of Law 20/2011, of July 21, the Civil Registry.
Fifth additional provision. Suspension of financial penalties imposed for infringements of consumption of toxic drugs, narcotics or psychotropic substances committed by minors.
The fines imposed on minors for committing infringements of consumption or possession of illegal drugs, narcotics or psychotropic substances may always be suspended, at the request of offenders and their legal representatives, those access to undergo treatment or rehabilitation, if needed, or rehabilitation activities. Should offenders discontinue treatment or rehabilitation or re-education activities will proceed to execute the economic sanctions.
Reglamentariamente the terms and conditions of the partial remission of penalties provided for in this additional provision will be regulated.
Sixth additional provision. Infrastructure and facilities in which basic community services are provided.
For the purposes of Articles 35.1 and 36.9, it shall mean infrastructure or facilities where basic community services are provided:
A) nuclear, petrochemical, refineries and fuel depots stations.
B) ports, airports and other transport infrastructure.
C) services supply and distribution of water, gas and electricity.
D) Telecommunications infrastructures.
Seventh additional provision. No increase in public spending.
The measures provided for in this Act shall not generate increased endowments or salaries or other personnel costs in the public sector.
Single transitional provision. Disciplinary proceedings initiated after the entry into force of this Act.
The disciplinary proceedings initiated after the entry into force of this Act shall be governed by the previous legislation unless this Act contains more favorable provisions for the person concerned.
Single derogatory provision. Repeal legislation.
1. Organic Law 1/1992, of February 21 is repealed on Protection of Public Safety.
2. Also, they are repealed all provisions of equal or lower rank opposing the provisions of this Act.
First final provision. special regime of Ceuta and Melilla.
1. tenth additional provision of 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 is added:
"Additional provision tenth. special regime of Ceuta and Melilla.
1. Foreigners are detected on the boundary line of the territorial demarcation of Ceuta or Melilla while overcoming the elements of border to illegally cross the border containment may be rejected to prevent their illegal entry into Spain.
2. In any case, the rejection will be made respecting international human rights and international protection of which Spain is a party.
3. Applications for international protection will be formalized in places provided for this purpose at border crossings and shall be determined under the provisions of 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, should read as follows:
"Fourth final provision. nonorganic Precepts.
1. They have organic nature the precepts contained in the following articles of this law: 1, 2, 3, 4.1, 4.3, 5, 6, 7, 8, 9, 11, 15, 16, 17, 18, 18a, 19, 20 , 21, 22.1, 23, 24, 25, 25a, 27, 29, 30, 30a, 31, 31a, 33, 34, 36, 37, 39, 40, 41, 42, 53, 54, 55, 57, 58, 59, 59a, 60, 61, 62, 62a, 62b, 62c, 62 d, 62 e, 63, 63a, 64, 66, 71, additional provisions third to eighth and tenth and the final provisions.
2. The precepts are not included in the previous section are not organic in nature. "
Second final provision. competence titles.
The provisions of this Act are issued under Article 149.1.29.ª of the Constitution, which grants the State exclusive jurisdiction in matters of public security, other than Articles 28 and 29, which are issued under Article 149.1.26.ª of the Constitution, which grants the State exclusive competence in production rate, sale, possession and use of weapons and explosives.
Final disposition third. Precepts with the character of Organic Law.
1. They have organic character the provisions of this Act are listed below:
Chapter I, Article 5. except
Articles 9 and 11 of Chapter II.
From Chapter V, paragraph 3 of Article 30; of paragraph 1 of Article 35; ordinals 2, 7, 8 and 23 of Article 36 and ordinals 1 and 4 of Article 37.
The only repeal provision.
The first final provision.
The final disposition third.
2. The precepts are not included in the previous section do not have organic character.
Fourth final provision. Authorisation for regulatory development.
It enables the Government, within the scope of its powers to make the necessary arrangements for the development and implementation of the provisions of this Act.
Final provision fifth. Entry into force.
This Act enters into force on 1 July 2015, except the first final provision, which comes into force on the day following its publication in the "Official Gazette" day.
Command all Spaniards, individuals and authorities to observe and enforce this Act.
Seville, March 30, 2015.
The Prime Minister,
Search Translated Laws of Spain