Spain's Congress Approves Controversial Penal Code Reform Targeting Recidivism

On Thursday, Spain's Congress passed a significant reform of the Penal Code aimed at addressing recidivism, a move that responds to demands from the Junts party as the government seeks to stabilize its parliamentary support. This law gained traction after Carles Puigdemont's Junts retracted its backing for the executive, citing breaches of prior agreements. The reform was approved with a coalition of votes from the Peoples Party, Vox, Junts, the Basque Nationalist Party, and the Socialist Party, while receiving backlash from much of the parliamentary left, with ERC choosing to abstain. This coalition garnered a rare majority of 302 seats in favor of the reform. The new legislation transforms essential sections of the Penal Code, giving significant emphasis to minor thefts. A key element of the law is the introduction of fines, which may reach up to three months' wages if the value of the stolen items does not exceed 400 euros. Should the value surpass this threshold, the crime will escalate to a more serious category, where imprisonment becomes a potential penalty. In fact, repeated offenses could lead to sentences of up to three years in prison if a perpetrator has committed at least three minor thefts. Moreover, the reform places particular stress on the theft of electronic devices, like mobile phones, recognizing their societal importance. Offenses involving personal electronic data are treated more severely, which reflects a modern understanding of property theft in the digital age. The law also sheds light on white-collar crimes, specifically fraud for profit, directing courts to consider various factors, including the amount defrauded and the impact on victims. This comprehensive approach aims to cover a wider range of unlawful activities and their implications. In addition to financial repercussions, the law introduces restrictions that could prevent repeat offenders from entering specific areas or approaching particular individuals, expanding the concept of restraining orders to geographical locations. This approach is aimed at curbing recidivism by limiting access to high-risk environments. Despite the push for harsher penalties, critics voice concerns that prisons disproportionately house the economically disadvantaged, reflecting broader societal issues. Writers and activists have highlighted that many individuals who find themselves in these situations have been shaped by their socioeconomic environments. In response to growing social discomfort regarding repeat offenses, mayors from the Metropolitan Area of Barcelona celebrated the new law, asserting that it provides local authorities with additional tools to combat crime effectively. The mayor of Sabadell emphasized the necessity of keeping repeat offenders incarcerated to ensure public safety. Alongside this reform, the government has announced plans to create 180 new judicial positions in Catalonia over the next two years to alleviate the significant backlog within the judicial system. This move, welcomed by all parties involved, aims to address the inefficiencies that often hinder the legal process. The reform will continue through the legislative process, requiring approval from the Senate, where the right holds a majority, before returning to Congress for a final vote. It is anticipated that this process will conclude in April. This development represents a pivotal moment in Spain's legal landscape, as lawmakers grapple with both criminal justice and broader sociopolitical dynamics. Related Sources: • Source 1 • Source 2