At first, only the crime of sedition was going to be reformed, but this express modification has opened a drawer with which crimes and penalties in the Penal Code will be changed, added, and eliminated. The battery of amendments presented this Friday in the Congress of Deputies by the Government (PSOE and Unidas Podemos) and ERC seeks to toughen crimes against workers’ rights, guarantee peaceful protest, reform embezzlement, punish the illicit enrichment of authorities and unblock the renewal of the Constitutional Court. Thus, it is intended to modify the law to punish repeated breaches of labor legislation with up to six years, a new crime of illicit enrichment of public officials is introduced with punishments of up to three years in prison, a sentence of three years is proposed for those cases of non-profit embezzlement and the majorities are touched up to elect the magistrates of the Constitutional Court. These are the main novelties, the texts of the proposed reforms and the reactions to each of the changes.
The embezzlement What ERC proposes is to divide the crime based on whether or not the perpetrator is for profit in the illicit management of public money, which determines the range of penalties. If personal benefit is not proven, the established prison time goes from six months to three years, which is the novelty introduced by the Republican amendment. In its basic type, if the profit motive is proven, the Republican proposal sets a prison sentence of two to six years (as up to now). The disqualification would be between six and 10 years. If the aggravating circumstances arise that the amount diverted exceeds 40,000 euros (today the limit is 50,000 euros), has a patrimonial or historical value or is about funds with which it was sought to attend to a calamity, the penalties increase. That of imprisonment from four to eight years and that of disqualification from 10 to 20 years. In the most serious case, where it is verified that more than 250,000 euros have been diverted, the penalty must be in the “upper half”, that is, four more would be added, reaching 12.
illicit enrichment. This is a new crime raised by socialists and Podemos, government partners. Authorities whose assets increase during the exercise of public office by more than 250,000 euros without justification may be punished with up to three years in jail, disqualification from two to seven years and a substantial fine (triple the benefit obtained). The crime can be committed during the performance of the position as well as during the five years after being dismissed. Suspicion is not enough: there must be explicit disobedience to give explanations on the part of the accused to substantiate this crime.
Reinforcement of workers’ rights. The text to modify article 311 of the Criminal Code seeks a mechanism to act against companies that repeatedly fail to comply with labor legislation, which may be punished with a prison sentence of “six months to six years” and fines of six to 12 months to those who “impose labor or Social Security conditions on their employees that harm, suppress or restrict the rights that are recognized by legal provisions, collective agreements or individual contracts”.
Unblocking of the Constitutional Court. What is intended is to eliminate the obligation of three fifths of the votes of the General Council of the Judiciary itself so that it elects the two members of the Constitutional Court that corresponds to it and establishes a new system by which the two magistrates will be appointed Get more votes. The members or the president of the Council who, after the approval of the reform, persist in the blockade, could be charged with the crimes of disobedience or omission. The amendment establishes a maximum period of three days from the time the president convened the plenary session to make the appointments.
This is the information published with each of the proposed reforms:
Authorities whose assets increase during the exercise of public office by more than 250,000 euros without justification may be punished with up to three years in jail, disqualification from two to seven years and a substantial fine.
Republicans propose a range of penalties. If the personal benefit is not proven, the established prison time ranges from six months to three years.
The amendment eliminates the obligation of three fifths for the CGPJ to elect the two members of the Constitutional and establishes a new system by which the two magistrates who get the most votes will be appointed.
The new text contemplates that those who “impose illegal conditions under formulas unrelated to their employment contract” will be punished with a prison sentence of “six months to six years.” The change will have an effect on companies like Glovo
This is the reform of the embezzlement that raises CKD. If you can’t see the text, click here:
The text of the new crime of illicit enrichment. If you can’t see it, click here.
This is the reform text of the Labor legislation. If you can’t see it, click here
The first reaction of the PP has come from its leader, Alberto Núñez Feijóo, who has already announced his rejection of all the reforms and his commitment to repeal the new rules if he governs, while he has shown himself to be scared by the “attacks on institutions” and “authoritarian drift”.
1. We will present the appeals of unconstitutionality that proceed.
2. We will denounce the seizure of the institutions before the EU.
3. We will repeal all those measures that leave the State unprotected.
4. We will once again classify sedition and any form of corruption as a crime.
— Alberto Núñez Feijóo (@NunezFeijoo) December 9, 2022
On the contrary, the second vice-president of the Government, Yolanda Díaz, underlines how the labor law reform means “preventing that repeated breaches of labor law do not go unpunished”.
The defense of labor rights in flagrant cases of injustice will be guaranteed by the Penal Code.
We will modify article 311 to protect workers and workers and prevent repeated breaches of labor legislation from not going unpunished.
— Yolanda Diaz (@Yolanda_Diaz_) December 9, 2022
The vice president affirms that her formation has “its own position” on the debated legal reforms that seek to achieve “a country with more rights”
The impact of the measure provokes criticism from the presidents of Aragon and Castilla-La Mancha and leads other PSOE barons to mark red lines: do not take steps back in the fight against corruption