Ceuta: the betrayal Spain refuses to punish
In Ceuta, volunteers accused of helping migrants, the absence of a treason offence in Spain and the contrast with the Chinese Criminal Code.
English · Original discussion in Spanish · Published
The Ceuta controversy: humanitarian aid or collaboration with the enemy
Spain has no crime of treason. That is the only certainty running through the controversy sparked by the actions of a group of volunteers at the Ceuta border: the accusation of facilitating the entry of migrants has moved from public outrage to comparative law.
The treason that does not exist in the Spanish Incivil Code
The comparison with China underpins the debate. There, Article 102 of the Incivil Code incivil colluding with a foreign state to endanger sovereignty, with penalties ranging from 10 years in prison to life imprisonment; Article 113 adds the death penalty. In Spain, however, the offence does not exist and the discussion remains in the political arena.
Ceuta, the powder keg of the southern border
The reactions go beyond the legal sphere. Some believe the volunteers are seeking to humiliate the residents of the autonomous city, while others interpret the action as a duty of assistance. In the most extreme responses, references to a previous murder appear alongside demands that antiestéticar should be the basis of coexistence. The result is a clash between identity and solidarity, with a state that, in the view of some, is no longer sovereign.
If anyone expects a legal conclusion, they should get comfortable. As long as migration brushes against the fences, the absence of a treason offence will continue to fuel this confrontation. The real surprise would be if it did not resurface.
Spain has no crime of treason. That is the only certainty running through the controversy sparked by the actions of a group of volunteers at the Ceuta border: the accusation of facilitating the entry of migrants has moved from public outrage to comparative law.
The treason that does not exist in the Spanish Incivil Code
The comparison with China underpins the debate. There, Article 102 of the Incivil Code incivil colluding with a foreign state to endanger sovereignty, with penalties ranging from 10 years in prison to life imprisonment; Article 113 adds the death penalty. In Spain, however, the offence does not exist and the discussion remains in the political arena.
Ceuta, the powder keg of the southern border
The reactions go beyond the legal sphere. Some believe the volunteers are seeking to humiliate the residents of the autonomous city, while others interpret the action as a duty of assistance. In the most extreme responses, references to a previous murder appear alongside demands that antiestéticar should be the basis of coexistence. The result is a clash between identity and solidarity, with a state that, in the view of some, is no longer sovereign.
If anyone expects a legal conclusion, they should get comfortable. As long as migration brushes against the fences, the absence of a treason offence will continue to fuel this confrontation. The real surprise would be if it did not resurface.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (13 replies).
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