Paparazzi could face prison under new criminal code reform

A draft penal reform bill approved Thursday by the Spanish Cabinet includes jail terms of up to one year for distributing images of people without their permission even when prior consent has been given for the images to be taken, Justice Minister Alberto Ruiz-Gallardón told a news conference.

The overhaul of the criminal code also imposes prison sentences of up to three years for those arranging forced marriages.

The most recent in case of a violation of the right to privacy in Spain was the distribution of a sexually explicit video taken of herself by los Yébenes municipal councilor Olvido Hormigos. Made for her husband, the video ended up doing the rounds on social networking sites.

The Cabinet also approved a reform of the Organic Law on Judicial Power (LOPJ), which changes the working conditions of some 5,100 judges in the country.

The main thrust of the Penal Code overhaul sees a stiffening of punishment for those found guilty of violent crimes. Some of the changes include:

Reviewable permanent sentence. This is similar to perpetual imprisonment, with the difference that if a prisoner can show he or she has been rehabilitated, they can subsequently be released. The minimum period a prisoner must stay in jail before a permanent sentence can be reviewed has still to be set, but is expected to be between 25 and 35 years. Such sentence will be applicable in the case of murders by terrorists, genocide and lese humanity.

Security custody. Under this section of the new criminal code, particularly dangerous prisoners may continue to be held in prison after their jail terms are up. This will apply to serious crimes such murder, kidnapping, sexual aggression, terrorism and drug trafficking.

Illegal detention. Cases in which the victim has disappeared and the perpetrator refuses to say what happened to the person who has been seized will receive the same legal treatment as murder.

Release on probation. If a prisoner is released under these conditions and subsequently commits another crime, they will have to serve the rest of their prison sentence from the moment released.

Forest fires. Prison sentences have been tightened to terms of up to six years in serious cases, compared with five at present.

Thieves. Persistent petty theft carried out in a “professional” manner such as pick-pocketing will now be considered as a crime and carry a jail term of up to three years.