New Penal Code comes into force in Spain today

Motorists are at the centre of much of the new legislation, and could see their vehicle being taken away forever

Spain’s new Penal Code comes into effect today, toughening the possible sentences for terrorists, the corrupt, paedophiles, squatters, and ocean pirates.

More than 200 drug traffickers will however find themselves given an earlier release from prison after 6,000 cases are to be revised under the new code. The new code is less severe on small traffickers, concentrating punishments on larger fish. The Government expects 239 prisoners of the 65,000 total will be released, including 40 immigrants who have been hold for selling pirated copies of items in the streets. The new code describes that as a fault and not a crime if the value of goods involved is less than 400 €.

Drivers are among those who could note the effects of the reform from today. The Guardia Civil will now impound your car if a radar catches you speeding over 200 kms/hour on a motorway, or 120 kms/hour in town, or if you are found to be driving with more than 1.2 grams of alcohol per litre of blood. In such cases the vehicle will be impounded and lost forever.
Also to lose their cars forever are drivers who are ‘kamikaze’ driving up the wrong carriageway, those who modify any road signs, covering up a radar for example, those who drive with no licence, and those who refuse to undergo an alcohol or drugs test.
Dangerous drivers now also face being sent to prison, and that could be for breaking the local speed limit by more than 60 kms/hr in town or by more than 80kms/hr out of town.
This part of the new Penal Code, article 127, has been criticised by drivers’ associations in Europe, such as the AEA who have described it as ‘an authentic bodge’ which will bring many challenges.

Prison terms for those in public office found guilty of corruption are set to increase and will now always see prison, not just a fine and ban from office.

There will be more controls after release on those imprisoned for sexual and terrorist offences. Those serving more than 5 years will not be allowed more generous prison conditions, such as the so-called ‘third grade’ until at least half the sentence is served. Paedophiles now face 15 years in prison, and using children in the filming of pornography is now also a crime. A new crime comes for those who sexually exploit victims, be that holding them against their will, or forcing them into prostitution.

Violent squatters and those who paint graffiti could face up to two years in prison, where now only fines are in place. Community work orders are expected to be used in such cases.

Repeated bag-snatchers will no longer remain immune if the cases are under 400 € - now they face weekend prison sentences.

Piracy on the high seas is a new crime and could result in 15 years in prison if someone takes over the control of a boat or plane.

Some environmental crimes have also been toughened, as has punishment for those who ‘disappear’ and try to evade justice.


Read more: http://www.typicallyspanish.com/news/publish/article_28435.shtml#ixzz18x7MrDH3