30 March 2015

Congress passes the reform of the Penal Code


The text is approved only with the votes of the PP, which has an absolute majority in the chamber. The crime of embezzlement is amended to include the unfair management of public assets, not just the diversion of funds for private purposes. The reform does not affect the criminal proceedings of Artur Mas for the organisation of the 9 November consultation because the deeds occurred prior to the reform, but in 2019 the change will be relevant in the embezzlement conviction in the Supreme Court’s ruling against the leaders of the 1 October consultation. The reform also toughens the penalties for the crime of glorifying terrorism, among others, which will also be relevant in the cases of rappers Valtònyc and Pablo Hasél. In addition, the reform also imposes higher penalties for the crime of public disturbanceif the acts are carried out within the context of demonstrations and mass gatherings. On the same day, Organic Law 4/2015, dated 30 March 30, on the protection of public safety, the ‘Gag Law’, is published in the BOE and will later be used to repress the rights of assembly and association in Spain.

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