Apr
8
More than a dozen items reforms target=”_blank” has launched People’s Party during his first 100 days in office. The battery of legal amendments proposed increases almost every week. First were the faults and crimes related to multirreincidencia which were to reform, as announced in mid-March, the Interior Minister Jorge Fernandez in the Senate. That same day also said that more severely penaría and its agents, a move that seemed directly related to the riots and the in February during demonstrations around Lluís Vives Institute .
Then, after acts of vandalism Barcelona during strike March 29, it was announced that toughen penalties for street violence comparing it with the anti-terrorism legislation on street violence. And the last measure of this type has been the proposal of the President of the Xunta, Alberto Núñez Feijoo, to toughen sanctions on arsonists after a fire in Galicia, recommendation made even before be sure if the fire had been caused or not.
Some opposition parties-IU, ICV and ERC, and progressive associations of judges and prosecutors have accused the government of law “to hit chance” without having a clear idea of ??what you want to do, why and what the consequences of this decision criminology. The Government, for its part, claims to have very clear ideas and defends to the hilt that reforms are necessary.
The most urgent for the president to strengthen the defense of public order
“These legal changes multirreincidencia fighting and vandalism, were already included in the PP’s electoral program,” argues the Secretary of State for Security, Ignacio Ulloa, former prosecutor, and exletrado exmagistrado the Constitutional Court. “But also it is a necessity as a reality that is imposed. That’s what the Government to react to problems. That is not to legislate but to blow equipment solutions, and in that line we are working with the Ministry of Justice. “
When carrying out the reform will be number 28 of the Penal Code 1995 , the last change is very recent, 2010 -. Critics say that all governments, this and previous yield to the temptation to dip into the Criminal Code whenever there is any problem, and that this form of regulation has caused the prisons are overflowing. Spain has the highest rate of prisoners in Western Europe. The average stay in prison of Spanish prisoners, 18 months, is among the highest in Europe and has doubled since 1996-was then nine months. All this despite the fact that crime rates are, by far, among the lowest.
“If anything,” says the Secretary of State for Security, “we must not forget that the Spanish prison treatment is among the most advanced in Europe. And secondly, what we said with the need to reform the law is not put more people in jail for nothing, but to respond to crime types for which currently there is no effective response that people are demanding ” .
The rate of prisoners in Spain is the highest in Western Europe
What are these types of crime? Apart from the regional government proposal on forest fires, which seems to be due directly to the recent fire, the plan of the Interior, working with the Ministry of Justice in a bilateral commission which, among others, are the Secretaries of State of both departments, revolves around two blocks: the fight against multirreincidencia and increased penalties related to the maintenance of public order. The processing of both reforms to be separated in time, according to Ulloa, because the government wants to give some urgency to the fight against crimes of resisting arrest and vandalism. The idea is to have the Executive’s first organic bill ready before the summer and wait a little longer for the other part of the modification of the code related to multirreincidencia.
Crime rates, however, are of the lowest
“The reasons which the Government justify the penal reforms are based on subjective grounds,” says Julian Rios, Professor of Criminal Law and Corrections at the Universidad Pontificia de Comillas. “Sensations, perceptions, impressions are the most repeated words in the hearings and statements by the Ministers of Interior and Justice, without any empirically verifiable data input. If we turn to the latest statistical data referring to 2010, the Report of the DPP, it is verified that the quantitative evolution of criminal cases in which the Attorney General intervened ‘reveals an extremely positive result, derived from a significant decrease in the number of cases filed in relation to those recorded for the same concepts in 2009 ‘, as stated in the text. Our crime rate is low and is declining rates and the feeling of insecurity has more to do with a message amplified by certain media of specific events with a real increase of insecurity “.
“Our intention is in no case resort to the criminal law as a first response,” said for his part, Secretary of State for Security, Ignacio Ulloa. “The criminal response must be the least and last. But misconduct is not now have an appropriate approach. And when it detects a hole or crack is legal to offer a solution. “
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