The draft bill on Public Safety, approved Friday by the Council of Ministers, provides seven types of very serious offences punishable by fines of 30,001 to 600,000 Euros. It also provides 31 classes of serious offences for which fines of 1001 to 30,000 Euros are set, and 20 minor offenses punishable by a fine of 100 to 1000 Euros. These are, in summary, the main offences covered by the new law, which replaces the one approved in 1992, also known as the ‘Corcuera Law’ or the ‘kick onthe door’.
Very Serious Offences
Offences carrying fines from 30,000 to 600,000 Euros:
1. The very serious disturbance of public safety, not constituting a crime in public events, sporting or cultural events, religious celebrations or numerous other meetings or trades.
2. The calling by any means, or any assistance, of any meeting or demonstration with coercive intentions and the disregard of the requirements in Act 9/1983 of 15th July since, according to Act 5/1985 of 19th July, of the General Electoral Regimen, the electoral campaign is finalized at the end of the election day.
3. Unreported meetings or demonstrations in places that are considered critical infrastructures under Act 8/2011 of 28th April, on measures established for the protection of critical infrastructures, or within their vicinity, such as the intrusion onto their grounds, including above it, and the unlawful interference or obstruction in their operation, whenever it gives rise to a risk to people or undermines its functioning.
4. The manufacturing, repairing, movement, trade, acquisition, sale, possession or use of prohibited weapons or explosives not listed.
5. The holding of public entertainment or leisure activities breaking a prohibition or suspension ordered by the appropriate authority for reasons of public safety.
6. The projection of lighting devices on modes of transport that could lead to accidents.
7. Committing three serious offences (see below) in the space of 3 years.
Serious Offences
Resulting in fines from 1,001 to 30,000 Euros:
1. The severe disturbance of public safety at public events, sporting or cultural events, religious celebrations or numerous other meetings or trades, when it does not constitute a crime of a very serious offence.
2. Participation in the disturbance of public safety using hoods, helmets or any other type of clothing or object that covers the face, preventing or hindering identification.
3. The disturbance of public safety that occurs at meetings outside the headquarters of the Congress of Deputies, the Senate and the Legislative Assemblies of the Autonomous Communities, even if not assembled, held without observing the requirements found in Act 9/1983 of 15th July.
4. Causing serious disorders in streets, public spaces or establishments, such as starting fires on public roads when they represent a danger to persons or property or cause a disturbance to public safety, where such conduct does not constitute a crime.
5. Acts of obstruction which prevent an authority, officer, public employee or official corporation in legitimately exercising its functions, the performance or enforcement of agreements or administrative or judicial decisions, whenever they occur outside the legally established procedures and when they do not constitute a crime. When a crime of the same substance is typified in specific rules, these will preferentially be applied after.
6. Actions or omissions that seriously obstruct the performance of emergency services in the carrying out of their functions.
7. The disobedience or the resistance of an authority or their agents in the carrying out of their functions, when it does not constitute a crime, such as false identification at the requirement of an authority or their agents or the declaration of false or incorrect information in the process of identification.
8. The breach of an order in the act of an electoral campaign, electoral administration, voting, recounting votes, not constituting a criminal or an administrative offence, pursuant to the provisions in Act 5/1985 of 19th June.
9. The holding of meetings or demonstrations in public places or events, carrying weapons or sharp objects which may cause damage, provided that such conduct does not constitute a crime, and the refusal to break up demonstrations and meetings in public places or events ordered by the competent authority when the circumstances described in Article 5 of Act 9/1983 of 15th July arise.
10. Unreported or prohibited meetings or demonstrations in places that are considered critical infrastructure under Act 8/2011 of 28th April, or within their vicinity, such as the intrusion onto their grounds, including above it, and the unlawful interference or obstruction in their operation.
11. Carrying, displaying or using weapons in a negligent or reckless way or out of the authorized area for use.
12. Offending or insulting Spain, the Autonomous Communities and Local Government or its institutions, symbols, emblems or hymns, made by any means, when it does not constitute a crime.
13. The offer, solicitation, negotiation or acceptance of paid sexual services in areas of public transit in the vicinity of places used by children, such as schools, playgrounds or leisure spaces accessible to minors, or when this conduct, due to where it takes place, can generate a risk to road safety. This behaviour will not be penalised if the offending person is a victim of human trafficking, which will be dealt with in accordance to immigration legislation.
14. The manufacturing, repairing, storing, moving, commerce, transport, distribution, acquisition, sale, possession or use of licensed weapons, catalogued explosives, ammunition or pyrotechnics, lacking the required documentation or authorisation, or exceeding authorised limits, when such conduct does not constitute a crime, as well as the omission, failure or lack of effectiveness of mandatory security measures or precautions.
15. Refusing access or deliberately obstructing inspections or regulatory controls established pursuant to this Act, in factories, premises, establishments, ships and aircrafts.
16. Written or verbal public statements made through any medium, as well as the use of flags, symbols or emblems, in order to incite disruption to public safety and violent crime, or that incites, promotes, extols, or justifies hatred, terrorism, xenophobia, racism, violence against women, or any form of discrimination, provided they do not constitute a crime.
17. Publically using uniforms, badges or official decorations, or replicas thereof, as well as other items of equipment used by the police or emergency services, without being authorised to do so, if not a criminal offence.
18. Not cooperating with the Security Forces in their investigation of crimes or prevention of acts that could risk public safety in situations provided for in Article 7.
19. Performing or initiating engagement in acts against the sexual protection of children or people with disabilities who need special protection, when it does not constitute a crime.
20. The consumption or illegal possession of drugs, narcotics or psychotropic substances, even if they were not intended for trafficking, in places, streets, establishments and public transport, as well as the abandonment of instruments or other effects used for this in those places and tolerance of such consumption in public establishments by the owners, managers or those in charge.
21. The consumption of alcoholic beverages in public places, public transport, and roads, or when it seriously disturbs the peace.
22. The movement of people with any type of vehicle in order to facilitate access to drugs, narcotics or psychotropic substances, provided it is not a criminal offence.
23. Planting and cultivating illicit drugs, narcotics or psychotropic substances, it if does not constitute a crime.
24. Forcing or introducing to others, especially to minors or people with special needs who need protection, by means of physical violence, intimidation or deception, the consumption or illegal possession of drugs, narcotics or psychotropic substances or alcoholic beverages, when it does not constitute a crime.
25. Lacking records, provided for in this law, for activities with importance for public safety.
26. The declaration of false information to obtain documentation provided in this Act, if it is not an offence.
27. Damaging or seriously defacing buildings or personal property in use by the public, such as traffic signs, streetlights, bus shelters, bins and other street furniture, given it does not constitute a criminal offence, as well as the obstruction of the public highway with street furniture, vehicles, containers, tires and other fitting objects, in order to seriously disrupt public safety.
28. Failure to comply with the navigational restrictions imposed on high-speed boats and light aircraft.
29. The scaling of official buildings, public institutions, or buildings with historical interest without due authorisation and the dropping or launching things from them, without proper authorisation.
30. Letting ferocious animals loose or creating conditions meaning that they can cause damage, when it does not constitute a crime, as well as cruelly mistreating or abandoning domestic animals in conditions in which could endanger their lives, or mistreating animals in shows not legally allowed, if not an offence.
31. Committing three minor offences (see below) within 2 years.
Minor Offences
Posing fines of 100 to 1,000 Euros:
1. Meetings in public places or events that breach the provisions in articles 4.2, 8, 9, 10 and 11 of Act 9/1983 of 15th July.
2. The exhibition of objects that are life threatening or pose a danger to the physical integrity of people, with the intent to threaten, if not a crime or a serious offence.
3. Failing to comply with restrictions on pedestrian movement during a public event, meeting or demonstration, when they cause minor alterations in the normal progression of things.
4. Threats, coercion, insults or harassment carried out at a meeting or a gathering where the recipient is a member of the Security Forces, as well as the use of images or personal or professional information of members of the Security Forces which infringes their right to honour, privacy or self-image, which could endanger the personal and familial privacy of the agents of protected establishments and risk the success of an operation, without compromising in any case the constitutional right to information, when this conduct does not constitute a crime.
5. Threats, coercion, insults of harassment carried out on public roads and open spaces that produce public nuisance, provided that it does not constitute a crime.
6. Public statements made through any medium which intend to defame or be slanderous towards public institutions, authorities, law enforcement or public employees, when they do not constitute a crime, as well as the lack of respect and due consideration to authorities or their servants in the performance of their duties.
7. The carrying out, or the inducement to do so, of acts against sexual freedom, or committing acts of indecent exposure, when it is not a criminal offence.
8. The projection of lights on members of the Security Forces which prevent or hinder the exercise of their functions.
9. The occupation of any common, private or public space, outside the cases permitted by law or against an adopted decision of the competent authority, or remaining in against the will of the owner, lessee or holder of another right on the land, when it does not constitute a crime.
10. The omission or insufficient measures to ensure the preservation documentation of weapon and explosives, as well as the failure to report the loss or theft of such documentation.
11. Irregularities in the completing of records provided in this Act concerning public safety, including the declaration of false information or circumstances, or the omission of mandatory information within the established time period, provided it does not constitute a crime.
12. The failure to obtain legally required personal documents, as well as the negligent failure to report if lost or stolen.
13. The third and any subsequent loss or misplacing, and subsequent requests for issuing of personal documentation within 5 years.
14. Refusing to handover personal documentation when their withdrawal or loss has been agreed upon.
15. The slight defacing of buildings and personal property in use for the public, such as traffic signs, streetlights, bus shelters, bins and other street furniture, as well as personal or private property on public roads.
16. The unauthorised placement of unfixed structures in public places, such as stalls, gazebos, tents, portable or detachable constructions or similar objects.
17. The practice of games or sports activities in public spaces not authorised for such things when there is a risk of damage to people or property, or it prevents or hinders the movement of persons of vehicles.
18. Improper interference with any other mode of pedestrian traffic that generates unnecessary inconvenience to people or risk of harm to people or property.
19. The scaling of buildings or monuments without permission and the launching or dropping things from them, without proper authorisation.
20. The removal of fences, hedges, barriers, railings or curbs, fixed or removable, placed by the Security Forces to define security perimeters, even pre-emptively.
