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Monday, 30 March 2015 11:42

Green light for Public Safety Act

This law will come into force on July 1, 2015, except the first final provision, which comes into force on the day following its publication in the BOE day, according to sources of the Congress of Deputies.

This law regulates aspects and attributed to other organs and administrative authorities, such as documentation and identification of persons, administrative control of weapons, explosives, ammunition and pyrotechnic articles or the anticipation of the need to take security measures in certain establishments functions, with the correlative of a penalty system updated essential to ensure compliance with the purposes of the Act.

the measures to be taken by the authorities to protect the meetings and demonstrations and to restore normal development in cases of disturbance of public safety are also regulated.

For the first time external body searches, which can only be done when there is reason to suppose that may lead to the discovery of instruments, effects or other relevant objects for the exercise of the functions of investigation and prevention conferred upon the laws Forces are regulated and Security forces.

administrative control measures that the State may exercise on activities related to weapons, explosives, ammunition and pyrotechnic articles are regulated, on the other hand.

Also obligations for relevant documentary record for public safety activities are established.

MINORS

As the authors of conduct classified as offenses are exempt from liability under fourteen, in line with the legislation on criminal responsibility of minors. It also provides that when it is declared perpetrator committed a minor eighteen unemancipated or a person with modified capacity judicially shall be jointly liable with him for damages caused their parents, guardians, curators, welcoming or legal guardians or fact.

REGISTER

Finally, create a Central Register of Offences against Public Safety, essential to appreciate the recidivism of offenders and allow thus appropriately punish those who voluntarily and reiterated incur deserving behaviors legal reproach.

CHANGES IN SENATE

It is established that the personnel performing administrative police functions will have a special duty to collaborate in achieving the purposes of Article 3 of this Act.

The amended text also says it will be legitimate cause enough for entry into a private home the need to avoid imminent and serious harm to people and things, in the event of catastrophe, calamity impending doom or other such extreme and urgent need. In that sense, for entry into buildings occupied by government agencies or public entities, not the consent of the authority or official who had charge will be necessary.

serious infringements shall be considered creating disorder in public spaces, or blocking public roads with street furniture, vehicles or other objects, as in both cases a serious disturbance of public safety is incurred; and very serious infringements meetings or demonstrations unreported or prohibited in infrastructure or facilities where basic community services are provided, as well as the intrusion into the precincts of these, including the flyby, when it has generated a risk to life or the physical integrity of persons.

The new text also indicates that administrative offenses defined in this Act shall be six months, one year or two years if committed, as are mild, serious or very serious, respectively.

Finally, with regard to the special regime of Ceuta and Melilla, it stipulates that foreigners are detected in the border line trying to overcome the containment elements to cross illegally the border may be rejected to prevent their illegal entry into Spain, always which is made respecting international human rights and international protection of which Spain is a party.

Digital Newspaper El Derecho