Legal tip 418. New Criminal Code in Spain
Wednesday, December 29, 2010 @ 12:53 PM
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.
