New Criminal Code: the Gag Rule and the new regulation of misdemeanors
The July 1, 2015 have entered into force two laws with far-reaching impacts on our society: the Organic Law 1/2015, of 30 March, amending the Organic Law 10/1995 of 23 November amending, the Criminal Code and the Organic Law 4/2015, of March 30, Public Safety, (also known as the “Gag Law”).
These standards mentioned have caused great social rejection, since it affects rights and civil liberties, as well as the inherent rights of the accused, and especially the rehabilitating purpose of the penalties (Article 25.2 of the Spanish Constitution), why which all political opposition parties have lodged an appeal with the Constitutional Court against the so-called permanent prison revisable.
But this new regulation of the Penal Code also has a number of impacts, not at all negligible in favor of the accused in criminal proceedings, and certainly, following a legislative mistake, as the press reported last June 21, 2015 after analysis of the Circular 1/2015, issued by the Attorney General of the State, “on guidelines for the exercise of criminal action in connection with minor offenses after penal reform operated by the LO 1/2015”.
According to the Circular informs, with the new regulation, a series of crimes that prior to the entry into force of the aforementioned Organic Law 1/2015 were considered less serious, are now considered minor offenses, with the consequences it brings rigged .
More information on the blog of MPD