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Spain: New Penal Code

01 January 1996

After fifteen years the Spanish Congress finally passed, on 8 November 1995, the new Penal Code, which will come into force on 24 May 1996. It contains the following measures: * Measures to replace short prison sentences: weekend detention; a system of fines according economic capacity of the person; community service; penalties of imprisonment of less than six months to be abolished; and suspended sentences extended from one to two years). * Some thirty new forms of crime are defined including ecological crime, corruption, genetic manipulation, provoking racist discrimination. * The age of criminal liability goes up to the age of 18 years. * There will be harmonisation of the sentences given by the courts and the period actually served, with a maximum of 20 years. An exception will be made for sentences on crimes concerning terrorism and drug-trafficking - which has been criticised as being incompatible with the principle of resocialization of punishment established in article 25 of the Constitution. * The option of punishment is maintained for drugs and narcotics, despite calls for their legalization or decriminalization. * The legalization of abortion has not been taken into account. * Euthanasia will be considered in the future as extenuated murder. *There is a heavy penalty of between 10-14 years for refusal to do military service and the civil service, consisting in absolute disqualification (in effect, "Berufsverbot"); this so-called "civil death", which means there is no possibility to of getting any public office or job, to obtain subsidies, grant, etc. In addition the "insumisos" (those refusing military service or civil service) can be sentenced to between 3 month and two years in prison and fines between 12 and 24 monthly payments. Kontrola Kontrolpean, Donostia, Euskadi.