The Central Government has announced a series of changes to the country’s Criminal Law Code, including the possibility of reviewable, perpetual-prison sentences.

The Minister for Justice, Alberto Ruiz-Gallardón has announced two radical changes to Spain’s laws, both of which are more in tune with hard-line conservatism than his reputation as a moderate would suggest. The other announcement, made at the beginning of summer, was concerning the abortion laws, which many considered were very retro and took Spain back to the 1985 in that respect.

Back to this recent announcement, if the bill goes ahead – and there is no reason that it shouldn’t as the Government enjoys an absolute majority in both houses – then it will be the first time since Franco that perpetual prison sentences are being contemplated. The Minister presented the draft to the Board of Ministers and it is expected to be presented before the Lower House (El Congreso) by next year.

The new law allows the judicial authorities to keep a man in prison even after his prison sentence has expired if it is considered that he has not been ‘rehabilitated.’

Another change is that a kidnapping and the disappearance of a victim will automatically be considered murder, even though the body has not been found.

Another variation under consideration is Custodia de Seguridad, which means that a prisoner can be kept in for a further ten years, but will only be applicable to big-time, re-offending criminals; who have committed multiple crimes such as those carried out by terrorists, rapists or child murderers.

But the changes also cover acts of vandalism during protest marches, as well as stiffer sentences for re-offenders, whose offenses will be tried as a theft rather than a petty theft (delito/hurto).

In the case of theft, certain extra factors will be taken into account which will bring about harsher sentences, such as looting during a catastrophe, the helplessness of the victim, carrying arms and even the theft of electricity supplies (illegal connections) or the theft of electricity cables from pylons, etc.

The diffusion of information that incites others to commit criminal acts or ‘disturb the public peace,’ but this will not include such information that urges the general public to attend street protests, even if they end in violence.

People who start forest fires now face maximum sentences of up to six years in serious cases, as opposed to three to five years, as it stands at the moment. However, when a fire affects natural parks, etc, it will be considered a Crime against the Environment, with a maximum prison sentence of nine years. Also the proximity of urban areas to a fire will stiffen the sentence.

On the other side of the coin, minor offenses, unless they are worthy of being considered ‘crimes,’ will be considered ‘petty’ and be punishable in the form of fines.

Generally speaking, these changes to the Criminal Law Code are probably a case of tapping into the general social feeling that existing laws are too lax. “There has been a general increase in the severity of punishment for crimes that generate most disgust in society,” says the Minister.

In fact, it has escaped nobody’s attention that this announcement comes hard on the heels of strong criticism of the release of an ETA terrorists on compassionate grounds – the man in question is dying of cancer. Another high-profile case is the one concerning a man whose two young children ‘disappeared,’ believed murdered, and the prime suspect is the father himself. The Minister strongly denies this and claims that his party has been working on these changes since coming to power.

Whether the Minister denies it or not, it is generally believed that together with the erosion to the party’s credibility over handling the crisis and looming bailout, the conservatives are very worried that the added attrition of releasing a terrorist responsible for many murders will just about scupper any chances of being re-elected.

As harsh as perpetual imprisonment might sound to Spanish, post-Franconian ears, it is a possibility that exists in most member states of the European Union in one form or another.

(News: Spain)