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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 418. New Criminal Code in Spain
29 December 2010 @ 12:53

The new criminal code ( in force since last Thursday, the 23rd of December) gives answer to international obligations, especially on European legal harmonization.

New crimes

* Children recruitment for pornographic performances.

* Prostitution clienting with minors or persons who cannot decide for themselves.

* Terrorism: recruitment, indoctrination, training and any form of financing.

* Piracy.

* Bribery between individuals.

* Mobbing.

* Property harassment.

* Bribery and fraud in sports.

* Computer attacks.

* Illegal trafficking of organs.

* Human trafficking.

·         New legal consequences of crime

 

Punishments:

 

 


• Deprivation of parental rights.

• Extension of permanent location.

 

Safety precautions:

 


• Probation.

 

Other:

 


• Extended confiscation.
• Extension of work for the benefit of the community.

 

New regulations

 

 


• Criminal liability of legal entities/persons.
• Time limits for actions: Terrorist offenses resulting in death will be always available (no time prescription). Other types of crime will not be barred within five years.
• Safety periods: its binding is restricted to cases of terrorism, child sex crime and organized crime.
• Human beings trafficking is regulated independently of illegal immigration.
• Tougher penalties by specific treatment of sexual offenses against children under 13 years.
• Organized crime: figures of criminal organization and group are introduced.
• Payment of detention: no one will be favored by meeting simultaneously a penalty and an injunction on remand.

Modifications


• Intellectual property: the 'manteros' may not go to jail.
• Special harsher sentences for crimes of corruption, bribery, influence peddling, tax fraud, urban fraud and against the environment.
• The Tax Agency shall assist the judges to collect fines and compensation for crimes against the public finance and Social Security.
• Drug trafficking: more powers to judges to individualize punishments.
• New crimes against the international community, incorporating the recruitment of child soldiers, sexual crimes in armed conflicts and the special protection of women and children.



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