PP and Vox unite against Sumar's Penal Code reform: maintain insults to the Crown and toughen penalties for offenses against Spain

The reform of the Penal Code promoted by Sumar and agreed with the PSOE has opened a new political front in Congress. The proposal, initially registered at the end of 2023 and backed by the socialists last June, proposes to eliminate several crimes related to expressions considered offensive towards State institutions, the Crown, national symbols, or religious sentiments.

After negotiations between both parties, the text keeps the crime of glorifying terrorism in force, which disappeared in the original draft of the initiative. This was one of the main changes introduced during the parliamentary process.

The legislative modification foresees the suppression of penalties for insults and slanders directed against the Crown and different State bodies, including the Government, the General Council of the Judiciary, the Constitutional Court, the Supreme Court, or the executives and superior courts of the autonomous communities.

Likewise, the proposal contemplates eliminating specific criminal protection against insults against the Cortes Generales and regional parliaments. It also seeks to decriminalize behaviors such as the unauthorized use of images of the Royal Family, outrages to Spain and its national symbols, and offenses to religious sentiments.

The Popular Party has presented an amendment to the entire bill in which it rejects the reform and defends maintaining the criminal protection of the Crown. The popular party considers that the king, as head of State, represents one of the main institutional symbols of the country and argues that there is no justification for eliminating these crimes from the Penal Code. In addition, the PP proposes to toughen the regulation of the glorification of terrorism, considering that the current criminal response must be strengthened against this type of behavior.

For its part, Vox focuses its objections on the protection of national symbols. The party led by Santiago Abascal proposes to increase penalties for offenses and outrages to Spain and proposes sanctioning the display of symbols that, in its opinion, promote hatred against the country or question the territorial integrity of the State, especially in sporting events.

Vox's proposal also includes changes to sports legislation to prevent episodes of rejection or contempt for the national anthem during competitions and public events. In addition, it calls for an increase in penalties for the glorification of terrorism when those responsible are public officials, political representatives, or members of trade union organizations.

In religious matters, the party advocates for tougher sanctions for acts of scorn against religious confessions when they are anti-Christian in nature. It also incorporates among its proposals the possibility of withdrawing acquired Spanish nationality —not that of origin— as an accessory penalty in certain cases.