The first Sumar law in Congress seeks to suppress the crimes of insults to the crown and outrages to the flag

It proposes changing the glorification of terrorism to an aggravating circumstance in the Penal Code against humiliation and humiliation of victims.

MADRID, 22 Sep. (EUROPA PRESS) -

Sumar has chosen in its first bill to reactivate the reform of the Penal Code to suppress the so-called crimes of opinion, such as insults to the Crown, offenses to religious feelings and outrages to national symbols.

Also in the case of the glorification of terrorism, which would be suppressed in order to avoid cases of convictions of singers and artists, incorporating in its place an aggravating factor in the article that guides treachery in the face of humiliation or humiliation of the victims, in order to give them a reinforced protection coverage.

This is reflected in the initiative registered this Friday in the Lower House by the confederal group and presented at a press conference by the IU leader and deputy, Enrique Santiago; who has explained that Sumar aspires to take a decisive step in this legislature in protecting "freedom of expression" and "recovery of public liberties" that, in his opinion, were curtailed during the PP's time in Government.

Furthermore, the parliamentarian has pointed out that this body of criminal figures makes Spain constitute an "anomaly" within the European Union, given that they do not appear in the different legislations of the community countries. A situation that has motivated, as Santiago has reported, that the European court of human rights (the Strasbourg Court) has "shown the colors" of Spain in different resolutions.

The last case that has been cited is the recent ruling of this European body, which notes a violation of the freedom of expression of the trade unionist Pablo Fragoso, who incited the burning of the flag in labor protests that took place in front of the Ferrol Arsenal in the year 2014 and condemns the State to compensate him.

During his appearance, Santiago recalled that in the previous legislature two legislative proposals on this matter were taken into consideration and that they did not complete their processing, so Sumar has decided to launch its legislative box with a new "more complete" text. to undertake this reform of the Penal Code.

Thus, he has defended that the crime against religious feelings or public ridicule of different confessions should be annulled, as it is "unnecessary" since beliefs are protected by different articles such as religious freedom and "civilized criticism" is better reconciled.

The same criterion has been pointed out regarding insults to the crown, which has motivated Strasbourg rulings against Spain, given that its repeal does not generate "defenselessness" to the Royal House, since it will continue to be protected like any person for the crimes of insults, slander or violation of honour.

It also guides the suppression of the crime of outrages against the country and recalled that even a judge of the Constitutional Court, proposed by the PP, already issued a dissenting vote in a resolution in which he stated that said criminal offense "had no reason to exist." . Therefore, Santiago has stated that criminal legislation already has sufficient mechanisms to protect institutions without limitations on freedom of expression.

Sumar also establishes the elimination of insults to the nation, a crime that was directed at acts against the General Council of the Judiciary or the Constitutional Court and that has practically not been applied. As in the case of the crown, the parliamentary group considers that these bodies have protection from the crimes of libel, slander and the right to honor.

In the case of the glorification of terrorism, the IU parliamentary spokesperson has pointed out that its reconfiguration is sought after expressing his surprise that it was toughened in 2015, together with the promotion of the Citizen Security Law, when ETA or the GRAPO were already missing.

And he has highlighted that this criminal figure has motivated sentences that compromise freedom of expression, such as the case of singers (such as rappers Pablo Hasél or Valtónyc) and the case against the 'puppeteers' in Madrid. For example, he recalled that the Constitutional Court annulled the conviction against the vocalist of the group 'Def con Dos' César Strawberry.

After pointing out that there are already sufficient mechanisms to protect victims of terrorism, Santiago has explained that they also propose granting them reinforced protection in the Penal Code with an aggravating circumstance in article 22 that expressly mentions humiliation and humiliation of the group as a crime, without thus limiting the freedom of expression.

In addition, Sumar proposes in his proposal the reform of article 538 of the Penal Code that establishes the disqualification for agents of authority or public officials (from six to ten years) who, outside the cases permitted by legislation, requisition books and newspapers or suspend internet content or radio and television broadcasts. In addition to this, it also establishes the disqualification of public personnel who prevent people from exercising freedom of expression collectively by including them in union organizations.