Congress approves Junts' law against repeat offenders with the votes of the PSOE and the PP

MadridThe majority formed this Thursday in Congress is unusual. In a climate of high tension between Spain's two major parties, the PP and PSOE voted together on a bill proposed by Junts to toughen the Penal Code and the Criminal Procedure Law against repeat offenders. The legislation was approved amidst criticism from Pedro Sánchez's left-wing coalition partners, who voted against it, with the exception of Esquerra Republicana, which abstained due to pressure from local political groups. This initiative, originally presented by Junts in April 2024, had stalled in the Spanish Parliament until a few months ago when the PSOE revived it to curry favor with Míriam Nogueras's party. The initiative has been repeatedly championed by Junts mayors, a delegation of whom traveled to Madrid this Thursday to champion the bill. Similarly, several Socialist mayors from the Catalan Socialist Party (PSC) were also in Madrid on Wednesday, under the umbrella of the metropolitan area, to celebrate the initiative. They held meetings with parliamentary groups, including Junts. In fact, Catalonia has played a particularly prominent role in the debate, where the groups have identified a significant problem with repeat offenders, especially in the metropolitan area. "If there is one place where this phenomenon has been perceived as a public safety problem, it has been Catalonia," began PSC deputy Paco Aranda, and he provided data: in 2023, 2,700 fast-track trials were scheduled in Madrid compared to 5,900 in Barcelona, ​​he said.

The explanatory memorandum of the law is already a clear statement of intent: "Since 2021, numerous mayors have denounced a situation of social alarm in terms of insecurity among a large part of the population. They refer to the fact that in their municipalities there are serious cases that the system is unable to prevent." Among other things, the amendment toughens the penalties for theft—for a robbery of less than 400 euros—from one to three years in prison if the offender has already been convicted of three offenses, even if minor; also if the theft involves mobile or electronic devices. At the same time, the Criminal Procedure Law is amended so that local entities can exercise the criminal action arising from theft offenses, and recidivism is specified as an aggravating circumstance.

Clash to the left of the PSOE

The task of defending the initiative fell to Junts deputy Marta Madrenas, who asserted that the law originated "from the grassroots," alluding to the municipal level, and "not from the offices." "It's a law that has arrived far too late due to a process marked by obstruction," she lamented, accusing the PSOE of having stalled the legislation in Congress until now. "It's a balanced law," the Junts deputy argued in response to accusations from Pedro Sánchez's left-wing partners of promoting "punitive populism"—in the words of EH Bildu deputy Jon Iñarritu. The debate, in fact, was characterized by a clash between the PSOE and the left. "That won't stop Aliança [Catalan Alliance]," Iñarritu warned Carles Puigdemont's party. Podemos has been even harsher, labeling the new law "racist, classist, and punitive," pointing out that it doesn't affect everyone equally. "Repeat offenders within their ranks aren't touched," criticized Martina Velarde, a member of parliament for the purple party, citing cases that have implicated figures from the PP, the PSOE, and also Junts, such as the Palau case and the Pujol case. "It's a proposal with a fascist and far-right narrative," Velarde declared. This isn't the first time the purple party has clashed head-on with Junts' proposals—it already rejected the reform that included a partial delegation of immigration powers in Catalonia—and has warned Pedro Sánchez's government that relying on Carles Puigdemont's party won't help it defeat the right wing. Enrique Santiago, of Sumar, delivered a similar speech, lamenting that "democratic forces end up empowering" the far right. And she explicitly addressed the Socialists, reproaching them for allying with the PP and Junts to toughen the Penal Code. In fact, the Popular Party, which has also focused on the metropolitan area, has not hesitated to embrace the law, celebrating that "finally" impunity for repeat offenders has ended. "It's over," asserted PP deputy Cuca Gamarra from the Congress podium. The debate, however, also served as an opportunity for her to attack Pedro Sánchez over the alleged corruption cases plaguing his inner circle: "For a long time, the only repeat offenders have been his second-in-commands, who have gone from the party headquarters to Soto del Real prison," Gamarra said, referring to José Luis Ábalos and Santos Cerdán. Although they will vote the same way this Thursday, the PP distanced itself from the Socialists by criticizing the regularization of the half a million migrants living in Spain. "You can't do one thing and another [...] They're turning regularization into a sieve for criminals," he asserted.

Conversely, Vox deputy Juan José Aizcorbe said that in his opinion the law "is necessary but not sufficient" and that it's not the law they would enact. "As long as the expulsion of immigrants who commit crimes isn't applied without hesitation, repeat offenses will continue to exist. Spain cannot be a paradise for habitual offenders," he declared.

Left abstention

The Republican Left of Catalonia (ERC), which will ultimately abstain from the reform vote, has been forced to strike a balance between the demands of its mayors in Catalonia and its rejection of a discourse dictated, in the party's view, by the right and far right. "We are at the service of our people," stated ERC deputy Pilar Vallugera, referring to the ERC mayors and councilors, whom she acknowledged they do not want to make feel "uncomfortable."

However, Vallugera also rejected the idea that reality can be changed "by simply changing the Penal Code." "You think that if we modify and toughen the Penal Code, everything will be fixed, but this is fixed with a criminal justice and prison system that allows for reintegration, and that means resources [...] The only justice is that which is applied swiftly, in the right way, at the right time, and in the right place," the Republican deputy argued. In fact, ERC, which saw "a whiff of racism" in the bill when it was presented, according to its spokesperson, Gabriel Rufián, opted to abstain after reaching an agreement with the Spanish government to increase the number of judges in Catalonia—91 positions in 2026 via royal decree and an additional 90 positions in 2022—and to increase the remuneration of court-appointed lawyers, as Vallugera explained.