PSOE and United We Can have registered 53 joint amendments to the initial proposal of the PNV to reform the Citizen Security law approved by the Popular Party in 2015, better known by the left as the ‘Gag Law’. It is the alternative text to the norm that the nationalists brought to the Congress of Deputies in January last year. But the two government parties nor they agree on everything and each one for their part has also presented some individualized modifications.
Unidos Podemos wants to eliminate the second paragraph of section 11 of article 36, which forces the Police to urge people who practice prostitution to “refrain from doing so” together with “educational centers, playgrounds or leisure spaces accessible to minors ”.
This paragraph also warns that if prostitutes refuse to leave these childish environments, it is considered “disobedience or resistance to authority”, sanctioned as a “serious offense” by paragraph 6 of the same article.
The purple party defends this modification «with the aim of protecting women in prostitution contexts, especially those most vulnerable, against possible sanctions». Yes, it bets because “the request or acceptance by the claimant of paid sexual services in public transit areas in the vicinity of places intended for use by minors (…) or when these conducts, by the place where are carried out, may create a risk to road safety ”.
United also proposes We can modify a section of article 37 so that only “insults or insults” to authorities are punishable, but no longer “Lack of respect and consideration”, which would cease to be minor offenses, as they are punished so far. According to United We Can, this means “a technical improvement” and “greater legal certainty.”
Legalize balconies with marijuana
Another point on which the two government parties disagree is in the PNV’s proposal to legalize domestic marijuana plantations and the like. The Basque nationalists want to eliminate from the Security law the section that punishes as a serious offense the “illicit planting and cultivation of toxic drugs, narcotics or psychotropic substances in places visible to the public”, as long as they do not reach a certain size or are used to traffic , in which case they will continue to be a crime.
The PNV proposes to completely eliminate that section 18 of article 36 of the Security Law and Unidos Podemos fully agrees because it believes that these sanctions are “Disproportionate and without justification”. However, the PSOE thinks otherwise, that is why its position on this point is to maintain the norm as approved by the PP six years ago.
Indeed, the Socialists acknowledge in their amendments that the current wording of this section is “adequate”, therefore, the pot or pot of marijuana on terraces and balconies should continue to be punished as a “serious offense”.
The negotiation has been led Rafael Simancas placeholder image (PSOE) and Enrique Santiago (United We Can), Secretaries of State Relations with the Courts and Agenda 2030. The data that the co-ruling parties have advanced on their conversations and proposals have been alerting the Police unions and the opposition, which they call the reform and they believe that he is trying to “empower” the security law. This newspaper reported during the last week the unease of the police, who believe that they are trying to leave them as “liars” with measures such as detracting from their presumption of veracity in the face of the detainees’ words.
Identifications and fines
On the other hand, PSOE and Unidas Podemos agree that, when it is not possible to identify a subject in the place where he is because there are no means or he refuses, he can be taken to the nearest police offices to carry out there the identification. But “Under no circumstances” may the time in which he is held at the police station “may exceed two hours”, compared to the current six.
They do add that, “exceptionally and for justified reasons, verifiable and communicated to the affected person, it may be extended” until those six hours. Then the detainees “Have the right” to have their return returned or facilitated to the same place where identification could not be made.
With regard to the reduction of the fines that they had announced, the governing parties propose a reduction taking into account the salary of the affected person. The system they have agreed to would stipulate a reduction in the amount of up to 50 percent for those who earn less than 1.5 times the minimum interprofessional wage and another of 25 percent for those who oscillate between 1.5 and 2.5 times.
«Once the sanction to be imposed in accordance with articles 33 and 39 has been determined, when it consists of a fine The economic situation of the person in charge will be taken into account, taking into account their personal, family and social circumstances«, They propose to add to the reform proposed by the PNV.
George is Digismak’s reported cum editor with 13 years of experience in Journalism