Public Safety Protection Law in Spain: Key Provisions
LO. 1 / 92: Protection of Public Safety
Chapter I. General Provisions
Article 1. Government Jurisdiction in Public Safety and Maintenance
Government jurisdiction includes public protection, security, and maintenance.
Article 2. Authorities
Designates the relevant authorities responsible for public safety.
Article 3. Exclusive Competence of the Ministry of Interior
The Ministry of Interior holds exclusive competence over firearms, explosives, public entertainment, recreational activities, and personal identification documents.
Article 4. Agents’ Aid to Other Authorities
Outlines the role of agents in assisting other authorities.
Article 5. Collaboration of Public Officials and Staff
Emphasizes the collaboration of public officials and staff in maintaining public safety.
Chapter II. Preventive Action and Monitoring
Section One. Weapons and Explosives
Article 6. Requirements for Arms and Explosives
Details the requirements, inspections, and findings related to arms and explosives.
Article 7. Government Powers in Arms and Explosives
Outlines the government’s powers regarding materials and activities involving arms and explosives.
Section Two. Public Entertainment and Recreation
Article 8. Regulations for Public Performances
States that public performances and recreational activities are subject to government regulations.
Section Three. Documentation and Identification
Article 9. National Identity Document (DNI)
The DNI is a right for all Spanish citizens, compulsory from the age of 14, and non-transferable.
Article 10. Passport or Equivalent for Spanish Citizens
Addresses the use of passports or alternative identification for Spanish citizens.
Article 11. Documentation of Foreigners in Spain
Covers the documentation requirements for foreigners in Spain and accreditation of their status.
Section Four. Activities Relevant to Public Safety
Article 12. Records and Product Registration
Mandates record-keeping for customers of hotels, inns, guesthouses, purchases of jewelry, precious metals, high-speed boats, and registration of products that could be used as precursors.
Section Five. Security Measures in Establishments
Article 13. Security Measures at Risk Installations
Requires security measures at installations and locations deemed to be at risk.
Chapter III. Actions for Maintenance of Public Safety
Article 14. Orders and Prohibitions in Public Safety
Details orders, prohibitions, and enforcement actions related to public safety.
Article 15. Extraordinary Security Measures
Covers extraordinary security measures such as evacuations, closures, and shutdowns.
Article 16. Protection and Dissolution of Meetings
Addresses the protection of meetings and events and the procedures for their dissolution.
Article 17. Notice for Peaceful Dissolution of Meetings
Specifies the requirements for notice in cases of peaceful dissolution and collaboration in security.
Article 18. Caching and Occupation of Effects
Outlines procedures for caching and occupation of effects.
Article 19. Preventive and Selective Controls
Describes the implementation of preventive and selective controls.
Article 20. Identification and Refusal to Identify
Covers identification procedures and the consequences of refusing to identify oneself.
Article 21. Entry and Registration
Details the conditions for entry and registration.
Article 22. Sanctions for Violating This Act
Specifies sanctions against those who violate this act.
Chapter IV. Legal Penalties
Section One. Violations
Article 23. Severe and Very Severe Violations
Classifies violations as severe and very severe.
Article 24. Graduation of Violations
Describes the graduation of violations.
Article 25. Serious Violations
Defines serious violations.
Article 26. Minor Violations
Defines minor violations.
Article 27. Prescription of Violations
Addresses the prescription period for violations.
Section Two. Penalties
Article 28. Types of Penalties
Penalties include fines, license withdrawal, seizure of weapons and instruments, suspension of licenses and authorizations, and closure of establishments.
Article 29. Authorities Empowered to Impose Penalties
Identifies the authorities empowered to impose penalties.
Article 30. Amount of Fines
Specifies the amounts of fines.
Section Three. Procedure
Article 31. Subjection to a Procedure
States that violations are subject to a specific procedure.
Article 32. Prohibition of Double Penalties
Prohibits administrative and criminal penalties for the same facts.
Article 33. Reopening of Administrative Proceedings
Addresses the reopening of administrative proceedings after criminal acquittal.
Article 34. Submission of Facts to Criminal Authority
Mandates the submission of facts to the criminal authority by the administrative authority.
Article 35. Appointment of Instructor and Secretary
Details the appointment of an instructor and administrative secretary or unit.
Article 36. Precautionary Measures
Outlines the implementation of precautionary measures.
Article 37. Agents’ Notices as Evidence
States that notices from agents are sufficient evidence for resolution.
Article 38. Enforcement of Penalties
Describes when penalties are enforced by administrative resolution.
Article 39. Public Resolution
States that resolutions may be made public.
Additional Provision
Autonomous competent authorities in the matter.
Repealing Provision
Many other provisions of equal or lower range oppose the provisions of this law.
Final Provisions
First, Second, Third, Fourth, Fifth.