15 July 2015
On 31 March 2015, Organic Law 1/2015 of 30 March 2015 was published in the Official State Gazette (BOE), which came into force on 1 July 2015, amending the Criminal Code enacted by Organic Law 10/1995 of 23 November (‘CP’).
One of the major novelties introduced by the reform has been the ‘revisable permanent prison’, a figure that has created some social and political controversy.
New offences have also been defined in our legal system (such as the new offence of illegal financing of political parties).
Misdemeanours are also abolished, some of which are renamed ‘minor offences’, while other conducts are decriminalised and become punishable under civil or administrative law.
The reform also increases the penalties for certain offences and modifies other fundamental aspects of the general part of the Penal Code, such as the regime of suspension of prison sentences, giving greater discretion to judges in this area.
It incorporates an important novelty in the business sphere, and specifically with regard to the criminal liability of legal persons, giving prominence to compliance programmes.
Finally, it is worth highlighting the new regulation of asset forfeiture and punishable insolvency, and the changes to other socio-economic crimes, such as unfair administration and corruption in business.
