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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 228. What is in the new Spanish Criminal Code?
05 February 2010 @ 13:07

 

* Harsher penalties against urban corruption, bribery, tax offenses, urban and environmental crimes.

 

 

 * From now on private bribery will also be a crime. It will also be a crime the silencing or obscuring of illegal works by authorities. The purpose of this is to halt illegal construction and all subsequent costs of demolition.

 

 

 * Another important development is the direct criminal responsibility of companies, which will now be able to commit crimes and their properties will be seized for this reason.

 

  * Prescription deadline of crimes is increased to five years. 

 

  * Terrorist killings are equaled to crimes against humanity and will have no prescription deadline.

 

  * New crimes as jihadism and murders will have no prescription deadline.  They used to prescribe after 30 years from commission before this reform.

 

  * There are also new probation measures when terrorists serve their sentences in order to prevent recidivism and protect victims for up to 10 years.  This regime will be set by judges in light of the circumstances of the case and will be used monitoring media such as GPS bracelets.

 

 

* The new criminal code hardens the treatment of sex offenders, rapists and generally of those who abuse children or recruit minors for pornographic performances. Probation shall apply in a similar sense to terrorists.  Customers of minors’ prostitution or of persons unable to decide for themselves will also be sentenced. As with terrorism, sex offenders with sentences of more than five years may not obtain third grade until serving half of his sentence. Sentences of up to 15 years of imprisonment and even deprivation of parental authority will be imposed to parents in order to protect children from abuse.

* The nee Code also hardens the crime of  women trafficking and criminal aliens serving less than six years may be expelled from between three and ten years. All in compliance with international obligations assumed by Spain in the European framework, which requires adjustments of our criminal law.

*Illegal trafficking of organs is also hardened. The reason for this is preventive in a country that is leader in number of transplants for the efficiency of the system. While in our culture, it is not conceived the payment for organs, it should be noted that in some countries is a scourge as drug, existing mafias which revolve around it.

 

 

 

 

A tower  on the wall of Tossa del Mar, by neilalderney123 at Flickr.com



 



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2 Comments


Khatib said:
05 February 2010 @ 16:49

All great laws to have on the books - the question is will they be acted upon? From my experience to date in Spain, it doesn't appear to matter about the law, people carry on regardless - there is no fear that one is actually breaking the law or compulsion to abide by it. I sincerely hope it will improve things because the law should apply to everyone living in Spain, nationals and expatriates alike and the majority of expatriates from other Euro countries ike myself, only want to be good citizens and are happy to abide by the clearly written law that everyone abides.


ads said:
05 February 2010 @ 21:50

Re "Another important development is the direct criminal responsibility of companies, which will now be able to commit crimes and their properties will be seized for this reason. "

Maria is it criminal then for a developer to knowingly issue illegal Bank Guarantees? Is it criminal for a developer to knowingly market a development by falsifying details? Is it criminal for a developer to knowingly hide or transfer assets for the sole intention of avoiding debts?


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