Tomorrow, July 1, 2015, the 1995 Penal Code reforms come into pressure. The variety of modifications and their relevance enable us to say the «New penal code 2015».
The reform is of such magnitude that every modification deserves a publish, due to this fact, within the coming weeks we are going to write a information merchandise relating to every modification. Broadly talking, we are able to spotlight the next reforms:
1st It’s established the reviewable “life sentence”: It’s established for crimes of utmost gravity, similar to acts of terrorism or assaults on the pinnacle of state, however it’s nonetheless VERY essential information because it sends a powerful message, irrespective of how allowed this penalty by the Strasbourg Courtroom, making use of a 40-year sentence is an nearly insurmountable impediment to social insertion, a elementary precept of our constitutional regulation and our prison regulation till right this moment.
2º Inside the line of safety of the State and of the individuals, it’s licensed to expel European residents that pose a hazard to the safety of the state, till this reform may solely be carried out with non-EU residents.
third It’s established higher safety for minors, for instance:
a) Elevating the age of sexual consent to 16 years.
b) Hardening the penalties for individuals who share movies and intimate pictures of minors and the disabled.
c) Establishing penalties of as much as three years in jail for many who coerce a 3rd occasion to have fun marriage.
3º One of many few crimes that the penalties are softened is the crime in opposition to the rights of overseas residents. With this reform, some skippers can be launched.
The reform has been criticized by essential members of the prison doctrine and by quite a few prison judges, to start with for being hasty and in addition why not say it, for having the reform a “conservative” nuance. Nice authorities similar to the previous State Lawyer Basic Cándido Conde-Pumpido has identified that the reform is “extreme, hasty and incongruous.”
In our weblog we’re going to analyze the reform from an goal and neutral viewpoint, analyzing every facet of the reform. This customary additionally consists of elements which might be typically most demanded by “progressive” sectors, similar to the aggravation of penalties for the abandonment of animals (though it’s nonetheless a really low fantastic from 1 to six months), it’s collected the crime of unlawful occasion financing (restricted to donations of greater than 500,000 euros if they’re Spanish or 100,000 euros if they’re foreigners) and it is usually said that the Authorities should ship each 6 months a report back to the Congress of Deputies on the granting and denial of pardons.
There’s simply over 5 hours for it to take impact.