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PHILIP VI KING OF SPAIN
To all who see this and try.
Know: That the Cortes Generales have approved and I hereby sanction the following organic law:
PREAMBLE
The Spanish Constitution receives in article 71.3 the appraisal of deputies and senators, for whom through this prerogative the Criminal Chamber of the Supreme Court is competent in judicial cases. Article 102.1 extends the appraisal to the president and members of the State Government.
For its part, the Statute of Autonomy of the Balearic Islands, modified by Law 1/2007, of February 28, establishes the qualification of the autonomous deputies of the Balearic Islands, in article 44, and of the president of the autonomous community and the members of the Government of the Balearic Islands, through articles 56.7 and 57.5. With regard to all of them, it is provided that the correspondent decides their guilt, imprisonment, prosecution and trial in the Superior Court of Justice of the Balearic Islands; Outside the territorial scope of the autonomous community, the responsibility will be demandable in the same terms before the Criminal Chamber of the Supreme Court.
Thus, both in the constitutional text and in the current Statute of Autonomy, the legal figure of appraisal is regulated, a prerogative that today is perceived by a large majority of society as a privilege that distorts the superior principle of equality of all Citizens before Justice. In this sense, it was considered that, in accordance with the sphere of competence of the autonomous community of the Balearic Islands, neither the deputies nor the deputies, nor the president nor the president, nor the members of the Government of the Balearic Islands should remain outside the the ordinary jurisdiction in all those matters that involve them in a judicial procedure of any jurisdictional scope, both criminal and civil.
It is for all these reasons that, in accordance with article 139 of the Statute of Autonomy of the Balearic Islands, this specific modification of Law 1/2007, of February 28, reforming the Statute of Autonomy of the Balearic Islands, is approved, to delete from the statutory text the figure of appraisal.
The Spanish Constitution receives in article 71.3 the appraisal of deputies and senators, for whom through this prerogative the Criminal Chamber of the Supreme Court is competent in judicial cases. Article 102.1 extends the appraisal to the president and members of the State Government.
For its part, the Statute of Autonomy of the Balearic Islands, modified by Law 1/2007, of February 28, establishes the qualification of the autonomous deputies of the Balearic Islands, in article 44, and of the president of the autonomous community and the members of the Government of the Balearic Islands, through articles 56.7 and 57.5. With regard to all of them, it is provided that the correspondent decides their guilt, imprisonment, prosecution and trial in the Superior Court of Justice of the Balearic Islands; Outside the territorial scope of the autonomous community, the responsibility will be demandable in the same terms before the Criminal Chamber of the Supreme Court.
Thus, both in the constitutional text and in the current Statute of Autonomy, the legal figure of appraisal is regulated, a prerogative that today is perceived by a large majority of society as a privilege that distorts the superior principle of equality of all Citizens before Justice. In this sense, it was considered that, in accordance with the sphere of competence of the autonomous community of the Balearic Islands, neither the deputies nor the deputies, nor the president nor the president, nor the members of the Government of the Balearic Islands should remain outside the the ordinary jurisdiction in all those matters that involve them in a judicial procedure of any jurisdictional scope, both criminal and civil.
It is for all these reasons that, in accordance with article 139 of the Statute of Autonomy of the Balearic Islands, this specific modification of Law 1/2007, of February 28, reforming the Statute of Autonomy of the Balearic Islands, is approved, to delete from the statutory text the figure of appraisal.
first article
Article 44 of Organic Law 1/2007, of February 28, reforming the Statute of Autonomy of the Balearic Islands was modified, which will be worded as follows:
1. The deputies and the deputies of the Parliament of the Balearic Islands will not be bound by any mandatory mandate and will enjoy, even after having ceased their mandate, inviolability for the opinions expressed and for the votes cast in the exercise of their position. During their mandate they enjoy immunity with the concrete effect that they cannot be arrested or detained, except in the case of flagrante delicto. The knowledge of criminal cases and civil liability claims for acts committed in the exercise of the position corresponds to the jurisdictional body predetermined by law.
2. The vote of the deputies is personal and cannot be delegated.
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second article
Article 56.7 of Organic Law 1/2007, of February 28, amending the Statute of Autonomy of the Balearic Islands, which will be worded as follows:
56.7 The criminal and civil responsibility of the president will be demandable in the same terms that will be sealed for the deputies and the deputies of the Parliament of the Balearic Islands.
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third article
Article 57.5 of Organic Law 1/2007, of February 28, reforming the Statute of Autonomy of the Balearic Islands, is worded as follows:
57.5 The criminal and civil responsibility of the members of the Government will be demandable in the same terms that are established for the deputies and the deputies of the Parliament of the Balearic Islands.
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Transitional provision
The hearing of the criminal and civil procedures that are followed against deputies of the Parliament of the Balearic Islands, the members of the Autonomous Government and its President, initiated before the entry into force of this law, will correspond to the jurisdictional body predetermined by the law, except in the event that the Civil and Criminal Chamber of the Superior Court of Justice of the Balearic Islands or the Criminal Chamber of the Supreme Court has already agreed to open the oral trial.
repealing provision
All provisions of equal or lower rank that oppose this law, contradict it or are incompatible with what it provides are hereby repealed.
Final disposition
This law will enter into force the day after its publication in the Official State Gazette.
Therefore,
I order all Spaniards, individuals and authorities, to keep and keep this organic law.
