Together, We Can Propose The Abolition Of The Crimes Of Insulting The King And Inciting Terrorism

2021-02-09   |   by CusiGO

On one substantive issue, a new tension has emerged within the government: criminal law reform to mitigate or abolish crimes related to freedom of expression. On Monday night, more than 200 artists, including Pedro Almodovar and Joan Manuel Serrat, issued a manifesto in support of the musician. In a two paragraph note, they announced that the government was preparing to reform the criminal code to ensure the safety of the environment However, the Ministry of justice did not provide further details on the amendment and noted that the most problematic types of criminal offences were currently being studied and no dates were listed. At about the same time, United Mayo completed the drafting of its “protection of freedom of speech law,” a comprehensive reform in Congress on Tuesday. It goes further than the action that the socialist administration may wish to take, and directly proposes to abolish some important crimes: the crime of insulting the royal family, the crime of violating religious feelings, the crime of insulting state institutions, and even the crime of inciting terrorism.

The Ministry of Justice said its reform would involve crimes such as incitement to terrorism, hatred, insulting the royal family and religious feelings, but did not say how it would change those crimes. The executive branch must “implement the reform proposals in a particularly strict way.”. The Department led by Juan Carlos Campo does acknowledge that reform is necessary because “some of these types of crimes have some uncertainty about protected legal assets.”. It added that “the scope of typical acts described in the standards creates a sense of insecurity” and that “it is difficult to distinguish between the exercise of fundamental rights and criminal acts and requires a narrow interpretation”. “All of these issues are required by the constitutional court, the European Court of human rights and European law for the accuracy and limitations of these crimes,” remata Justice said.

In the last week of Catalonia’s campaign, the struggle within government partners to push forward reforms sensitive to progressive voters seems obvious. Pablo Iglesias group informed moncroya on Monday afternoon that they would register the initiative on Tuesday, according to Federation sources. The executive issued a statement shortly after that, comparing Enrique Santiago, the co member in charge of reform, with Jaume asens, the organization’s chairman, that the socialist sector would support the purple standard because it did not propose any alternatives. “We are pleased that we know that we can now continue to deal urgently with this reform on the basis of our initiative, because we are not aware of any other reform. Given the relationship with the court, we understand (in the socialist sector) that they fully agree with this initiative, “he said.

On the contrary, Maria Jes ú s Montero, the spokesman for the minister, made it very clear that the government would not follow the reforms proposed by the Federation, and we could serve as a guide. Montero even claimed that she did not know the content of the initiative and refused to evaluate it, but insisted that the reforms would come from the government, not Congress. As suggested by church groups, it will be led by the Ministry of justice and the interior, which are in the hands of the PSOE, and there is currently no draft on this issue. Mr. Montero stressed that on such a sensitive issue, the government must conduct in-depth discussions in the Council of ministers and submit all necessary reports. The minister pledged that unless the judiciary decides to implement a small-scale emergency reform to curb the cases of indicted artists, all of these should normally be included in the major reform of the criminal code, which is preparing for justice and includes a formula to reduce the penalty for sedition.

The PSOE is talking about calm debate and no position on the most sensitive issues, Although the explanatory memorandum on UN reform clearly indicates the intention of UN reform: “by implementing certain provisions of the criminal code, sending information through social media, singing and talking, using the image of Christ and publishing it on social media are criminalized, Whistling, criticizing the king or suppressing the national anthem on the football pitch in the presence of the Spanish king. “It has been found that criminal law provisions that are totally outdated, not in line with the Spanish Constitution, and not suitable for developed democracies are used, and the impact of these Provisions comes from dictatorship, so there is no place in democracy and pluralism,” he said.

The first crime he wanted to eliminate was the offence against religious feelings or public ridicule reflected in article 525 of the criminal code. “Any criticism that may offend the feelings of believers, no matter how free, is understood to fall within the scope of freedom of speech and will be protected by the repeal of article 525, while directly inciting violence, Religious hatred and discrimination will be punished under article 510 of the criminal code. The second kind of crime that we can abolish is the crime against the royal family stipulated in articles 490.3 and 491 of the criminal code. “This special protection of the highest political organ of the state, because it has a head of state, is a real attack on freedom of speech. “We don’t understand political freedom and democracy,” he said.

The text also cites European case law. “It is noteworthy that on 13 March 2018, the European Court of human rights recently delivered a strong judgment in stern taulats and roura capellera v. Spain, Unanimously adopted and concluded that Spain has violated Article 10 of the European Convention on human rights on freedom of expression. Especially the kingdom of Spain as a country, “he said of crimes against the royal family. Another controversial offence is “verbal, written or de facto offence or insult to Spain, its autonomous region or to a symbol or emblem provided for in article 543 of the criminal code”. “This crime has been used to attack freedom of speech and suppress criticism of the symbols embodied in our national flag and anthem. It is not a crime to reach an agreement with hundreds of people in the stadium at the start of a king’s Cup football match as part of a citizen protest. Silent National Anthem does not mean an attack on the motherland, but a legitimate expression of freedom of expression.

Another crime he wants to abolish is “insulting the national government, the General Judicial Council, the constitutional court, the Supreme Court, the Council of the government of the autonomous region or the high court, as well as the army, class or group and the army.” Safety under Section 504.

Finally, we can propose to abolish the crime of incitement to terrorism stipulated in article 578 of the criminal code. “This crime came into being in 2000 as a result of a national agreement between the two political parties that were the majority of Spain at that time, when the terrorist organization ETA carried out extreme violence. In 2015, after a wave of social protests, with the reform of the organic law for the protection of civil security, a new national convention strengthened this. It turns out that in the first 11 years of this crime, very few people were tried for promotion. It wasn’t until 2011, when ETA announced the cessation of criminal activities, that these crimes began to be prosecuted, and since then, these cases have multiplied. In its latest report in March 2018, Amnesty International called for the repeal of this article. Three people were convicted of this crime in 2011 and about 70 in the past two years, “the church group explained.

The abolition of these provisions would mean that such crimes, such as fueling terrorism, would go unpunished, which could result in unprotected victims. The text itself recognizes this issue, but states: “with regard to acts that can be considered as humiliating victims of terrorism, The abolition of article 578 of the criminal code does not mean that this group is not protected in any form from acts intended to impair or impair its dignity. The act, on the one hand, amends the provision of Aggravating Punishment in paragraph 4 of Article 22. In this regard, victims of terrorism are introduced into the protected groups. On the other hand, in any act of insulting or insulting the victims, there is a crime of injury to protect the victims. ”

However, some victims’ associations have different views on this. Mikel omazabar said that the victims of terrorism collectively believe that we can “deliberately and clearly see that in Basque and Navarra, ETA members are mourned when they are released from prison or on the anniversary of their death.”. The Committee regrets that the composition of the church is entirely focused on criticizing the expression of support for terrorism on social media or the condemnation expressed by singers or other artists. “Covite will continue to demand the application of article 578 of the criminal code as long as ETA terrorists continue to pay homage to ETA terrorists in the streets where ETA killed our families,” said CONSUELO ord ó Nez, President of the association. Since 2016, covite has recorded 151 memorials to etarras (18 last year). Ord ó n EZ also condemned the use of the argument that “ETA, Grabo or their surroundings are not active” to demand the deletion of the article, and recalled that “there are still dozens of terrorists to be arrested, and the police’s action to disband ETA has not yet been carried out, Today, their social and political environment is still as positive in legitimizing terrorism in ETA as it was when ETA was killed. ” Miguel fugra, consultant of the association of victims of terrorism, believes that the UN proposal is “barbaric” because “it is a reality”, that is, the act of inciting terrorism “causes psychological harm to the victims”. “We go further. “Instead of eliminating this figure, we are asking for administrative action against those who have committed crimes that insult victims of terrorism, in addition to the criminal sanctions currently provided for in the legislation,” the AVT representative said.