The keys to the rule that will transform the apology for Francoism into a crime


Posted: Tuesday July 20 2021 6:04 AM

The government will approve this Tuesday the new law on democratic memory, promoted until recently by First Vice-President Carmen Calvo. A rule that will introduce important novelties in terms of historical memory and which, among other aspects, considers the crime of apology for Francoism.

Concretely, the text which goes to the Council of Ministers is the same one that Calvo had prepared and in which the wording of certain articles had been modified after the report of the General Council of the Magistracy (CGPJ). Next, we review the main measures that the new standard incorporates:

The apology for Francoism, the crime

The Democratic Memory law envisages the crime of apology for Francoism, which will be committed by anyone who “praises the coup d’état, the dictatorship or exalts its leaders, with contempt and humiliation of the dignity of the victims of the coup d ‘ State, wars. Civilian or Francoist ”. In this sense, the legislative measure will incorporate a definition of the concept of victim according to that established by the United Nations.

Farewell to the Francisco Franco Foundation

By virtue of this law, all foundations that do not “pursue goals of general interest” will be extinguished and the apology of Francoism or incitement to hatred against the victims of the coup, the civil war and dictatorship will be considered contrary to the general interest. . Thus, institutions like the Francisco Franco Foundation will disappear.

What will happen to the Valley of the Dead?

Once this law has been approved by the Courts, the Government will approve a decree-law which reflects the legal framework that will apply to the Valley of the Fallen and will negotiate with the Church the exit of the Benedictine congregation which continues to live there. The idea is that the enclave be redefined as a civil cemetery, protected by the national heritage.

Cancellation of penalties

All convictions and sentences handed down during the civil war will be declared void.

Exhumation of victims

The law also recognizes the right of families to recover the remains of their ancestors. There will be a prosecutor from the Chamber of Human Rights and Democratic Memory and the direction of the exhumation processes will correspond to the State, in coordination with the rest of the administrations.

Withdrawal of Francoist symbols

The new standard also provides for the removal of symbols and elements contrary to democratic memory, as well as some thirty noble titles granted under the Franco regime and contrary to constitutional principles.

Democratic memory, in schools

With the entry into force of the new legislation, democratic memory will be included in school curricula in the field of social sciences and ethics, in secondary education, baccalaureate and vocational training.

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