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Spain: Penal Code changes

01 July 1997

The Spanish government has presented the parliamentary parties with a discussion document outlining a range of possible legal reforms, including: 1) Imprisonment for participation in illegal demonstrations with sentences of one to two years, and fines equivalent to six to twelve months' earnings, for participants in illegal demonstrations or gatherings, and for those attending such events while masked, disguised or with painted faces. 2) Fast-track trials. The investigating magistrate's role is dispensed with and the case would go straight to a hearing. 3) Classification as "wanton destruction". Those convicted of wantonly damaging public thoroughfares, buildings or means of transport, offences hitherto regarded as serious crimes only if people's lives or safety was endangered, are to become liable to sentences of 10 to 20 years in prison. Critics say that this would mean that, for example, burning buses, even if no-one was put at risk, would attract a heavier penalty than homicide. 4) Extension of the range of conduct classed as "apology for terrorism". 5) Criminalising of counter-demonstrations.

These measures have initially attracted the full support of the Socialist party and criticism from all other parties. Several associations of judges and prosecutors maintain that the practical application of the measures would be extremely difficult.

The most recent instance of heavier penalties being applied in cases of alleged street violence was on 7 August in the Biskaia Provincial Sessions, when a youth accused of throwing petrol bombs at members of the Ertzaintza (the autonomous Basque police) in Bilbao was sentenced to over ten years imprisonment.