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  • Regulations.The Government will reform the Penal Code to include the phobia of poor people as a new crime

After being the unfulfilled promise of several governments, the Council of Ministers has approved the preliminary draft of the Law for the Protection of Children and Adolescents . A regulation that among the novelties it includes includes a reform of the Penal Code that transforms into public prosecutable crimes all crimes against privacy, the right to self-image and the inviolability of the home.

The anti-project, which is based on the one that the previous Government of the PSOE wanted to approve in 2018, deletes article 201 of the Penal Code, which placed as a requirement to proceed for these crimes the "complaint of the aggrieved person or his legal representative". Now that condition of need is canceled.

The objective, according to sources from the Ministry of Justice, is that in recent times, with the increase in the presence of new technologies in almost all of our actions, this type of crime has increased, especially the unauthorized transmission of videos of intimate character, and these are very harmful crimes for the victim. Both Justice and the general directorate of childhood consider that this reform will strengthen their persecution.

The vice presidency for Social Rights, led by Pablo Iglesias, has been in charge of promoting this regulation, whose implementation and drafting has been present in governments of all political signs. Among the novelties that the text establishes with respect to previous drafts is another modification of the Penal Code to give a new regulation to hate crimes, incorporating age as a cause of discrimination, both for children and adolescents, as well as for people from advanced age and including aporophobia and social exclusion within these criminal types.

Hate and age

In other words, on the one hand, the phobia of poor or disadvantaged people is typified as a new crime; and on the other, age is incorporated as a cause of discrimination.

Both from the general directorate of childhood and from Justice express the need to highlight the exponential growth that lately has had the hate speech against unaccompanied foreign minors, known as menas ( Unaccompanied Foreign Minors ).

Both departments, which have worked together in recent months, consider that there is exponential growth in hate crimes against unaccompanied minors. A few months ago, Vox launched a campaign against centers that host these minors, pointing out that they generated "insecurity" and "serious problems" in the neighborhoods. Some leaders got to make acts in the doors of some center.

Hardening of permissions to convicted persons

Likewise, the draft, which will now face the parliamentary process, where it will be modified by the parties through amendments, proposes to delay the return to the street of those convicted of certain crimes against minors. In particular, it prohibits them from receiving exit permits, even for one day, until they have served half their sentence. In general, it allows those permits when completing the fourth part. This affects convictions related to minors for sexual abuse or assault, human trafficking and prostitution.

In coherence with the above, even up to half of the sentence the third-degree regime of semi-freedom will not be accessible. That was already limited in some crimes, but it extends to others such as trafficking and sexual exploitation of children under the age of 16 (before it was 13).

In this quest to prevent situations of violence, the law requires reporting the spouse and close relatives of the person who has committed a criminal act in the case of a serious crime committed against a minor. However, the text does not include the penalties to be applied in case of non-compliance. The Government plans to develop the sanctioning regime in this regard later.

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  • PSOE
  • Pablo Iglesias
  • Sexual assault
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  • Childhood
  • Violence

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