Current Affairs and Criminal Analysis Blog
An essential resource to stay informed with the latest legislative news, in-depth jurisprudential analysis, and practical advice from our experts.
91 078 65 74Case Law Analysis
Can Many Weak Clues Add Up to a Conviction? The Logic and Limits of Circumstantial Evidence
Ten suspicions do not make one proven fact: why piling up inconclusive circumstantial evidence cannot amount to conclusive proof, according to logic, case law and the best scholarship.
Citing the Wrong Article Does Not Cause Prejudice if the Facts Were Clear (STS 321/2026)
The Spanish Supreme Court holds that a numbering error in the prosecution's citation of the criminal provision does not breach the accusatory principle where the statement of facts clearly described the charged conduct and the accused was able to mount a defence.
Aggravated Bodily Harm with a Dangerous Instrument: a Discretionary, Not Automatic, Finding
The Spanish Supreme Court holds that Article 148.1 of the Criminal Code is not applied automatically: the court must weigh the instrument, the real risk created and the unlawfulness before imposing the aggravated sentence.
Aggravated Fraud and Undue Delay: When a Sentence Reduction Is Available
The Spanish Supreme Court sets out when the undue delay mitigating factor reaches the 'highly qualified' threshold and allows a sentence to be reduced by one or two degrees. Ordinary delay is not enough.
STS 1040/2025: Review Application Quashes Second Conviction for the Same Facts
The Spanish Supreme Court shows how the review application under Art. 954.1.c) of the Criminal Procedure Act corrects a double conviction for the same facts, with the first judgment prevailing and the second rendered void.
Initial Use of Violence Already Amounts to Commencement of a Sexual Assault in Spain
The Spanish Supreme Court has clarified that using violence to overcome a victim's resistance already constitutes a punishable act of attempted sexual assault, even if the sexual act itself never takes place. Case 10556/2025.
Criminal Law Reforms
Organic Law 5/2024: The Right of Defence in Spain (2026)
Organic Law 5/2024 on the Right of Defence gives statutory form to Article 24 of the Constitution: professional secrecy, confidentiality of lawyer-client…
Organic Law 14/2022: New Embezzlement and Sedition Repeal
Organic Law 14/2022 reformed embezzlement (Arts. 432-435 CP) into graded offences and repealed sedition. What changed and how it affects your defence.
Hate Crimes and LGBTI Protection in Spain: What Really Changed
Law 4/2023 (the trans act) did not amend the Penal Code: the wording in force of Art. 22.4 and Art. 510 CP comes from Organic Law 6/2022. Which law changed what.
Organic Law 13/2022: Payment Fraud and Cyber Scams
The payment-fraud reform is Organic Law 14/2022, not Organic Law 13/2022: it transposes Directive (EU) 2019/713 and rewrites arts. 248 and 249 CP against phishing.
Organic Law 4/2022: Abortion Clinic Harassment, Art. 172 quater
Organic Law 4/2022 added Article 172 quater CP to punish the harassment of women attending abortion clinics and their staff. What changed and defence lines.
Organic Law 8/2022: Criminal Organisations (Art. 570 bis CP)
Organic Law 8/2022 did not touch the Criminal Code: it amended the Judiciary Act. The criminal organisation offence is Art. 570 bis CP, created by Organic Law 5/2010.
Heroin Trafficking in Spain: Penalties, Aggravations and Defence (Art. 368 CP)
Heroin is a drug that causes serious harm to health: Art. 368 CP punishes its trafficking with 3 to 6 years. Penalties, aggravations and the weight of addiction.
Market Manipulation and Insider Trading: the Criminal Risk of the Financial Professional (Arts. 284 and 285 CP)
Traders, portfolio managers and compliance officers are exposed to the market-abuse offences of arts. 284 and 285 CP, where their professional status aggravates the penalty.
MDMA and synthetic drug trafficking (art. 368 CP): why they cause serious harm to health and how the charge is defended
Why MDMA, methamphetamines and synthetic cannabinoids count as substances causing serious harm, what penalties art. 368 CP sets and how the charge is defended.
Crimes against the market and consumers in Spain: false advertising, price manipulation and insider trading (Arts. 282 to 285 CP)
What Arts. 282 to 285 CP punish: misleading advertising, false billing, market and price manipulation and insider trading, with their penalties and lines of defence.
Drug Houses and Dealing Premises: the Aggravated Offence of Art. 369.1 CP
Using a flat or premises to sell drugs is trafficking under art. 368 CP and, where the premises are open to the public, it is aggravated under art. 369.1.3 CP.
Street Dealing and Minor Drug Trafficking: the Reduced Offence of Art. 368.2 CP
Art. 368.2 CP lets courts lower the penalty for low-level drug dealing. How it differs from shared consumption, and the lines of defence.
DAC8 Crypto Tax Reporting Reaches Spain: When Undeclared Crypto Becomes a Criminal Offence
From 2026 the EU's DAC8 directive makes crypto platforms report clients' operations to the tax authorities. When does undeclared crypto become tax fraud under Article 305 CP in Spain?
Fake Invoices in Spain: Which Crime? Forgery, Accounting and Tax Offences (2026)
Fake invoices under Spanish law: document forgery (art. 392 CP), the accounting offence (art. 310), tax fraud above 120,000 euros per tax and year (art. 305), and how regularization works.
Social Security and Subsidy Fraud: Articles 307 ter and 308 CP
Art. 307 ter CP punishes the fraudulent obtaining of benefits and art. 308 subsidy fraud. Timely repayment can extinguish criminal liability altogether.
A Tax Authority Inspection in Spain: Your Rights and Criminal Defence
Has the tax authority started a tax inspection? We explain your rights, when an inspection can turn into a tax offence, and why you need a criminal lawyer…
Accused of a Tax Crime in Spain? Defence Guide for Taxpayers
If the Spanish Tax Agency (AEAT) is investigating you or the prosecutor has filed criminal charges for tax fraud, this guide explains your rights and…
Tax Fraud and the Regularization Strategy
Technical analysis of Article 305 CP: when tax non-payment becomes a crime and how to use voluntary regularization to avoid prison.
Money Laundering Through Front Men in Spain: Liability and Defence
Anyone lending their name as the holder of accounts, assets or companies may face money laundering charges under Art. 301 CP. Forms, mental element and defence.
Europe's New Anti-Money-Laundering Rulebook (AMLR and AMLA): Cash Limits and Criminal Exposure in Spain
The EU's single AML rulebook, the new Frankfurt-based AMLA authority and an EU-wide cash limit are coming. How they sit on top of money laundering under Article 301 CP in Spain.
Spain Abolishes the Golden Visa in 2025: The Money-Laundering and Criminal Risks That Remain
Since 3 April 2025 Spain no longer grants residency for buying property. The abolition creates no new offence, but the criminal risks attached to the scheme — money laundering above all — remain.
Money Laundering through Real Estate in Spain (Art. 301 CP)
How illicit money is funnelled into property deals, the red flags prosecutors look for and the lines of defence against art. 301 CP.
Money Laundering Laws in Spain: Expats and Investors Guide (2026)
Spain's anti-money laundering laws are among Europe's strictest. This guide explains how expats, property buyers, and business owners can inadvertently…
Money Laundering: Criminal Defence Guide 2026
Under investigation for money laundering? We explain the indicators the prosecution uses, the penalties provided for, the difference from self-laundering,…
Offences against Union Freedom and the Right to Strike in Spain: Art. 315 CP
Art. 315 CP punishes anyone who prevents or limits union freedom or the right to strike through deceit, abuse of a situation of need or coercion. Elements of the offence in force, boundaries with Arts. 314 and 311 CP, liability under Art. 318 CP, limitation periods, the weight of a labour inspection report and lines of defence.
Workplace Discrimination as a Crime in Spain: Art. 314 CP Explained
Art. 314 CP punishes serious discrimination in employment with six months to two years in prison or a fine of twelve to twenty-four months, but only where, after an administrative order or penalty, equality is not restored and the financial harm is not repaired. Route, boundaries and defence.
Illegal Labour Trafficking in Spain: Art. 312 CP and Employers
Art. 312 CP punishes with two to five years in prison illegal trafficking in labour, deceptive recruitment and the employment of foreign nationals without a permit under conditions that harm their rights. Criminal threshold, Art. 311 bis and employer defence.
Fatal or Injury Workplace Accident: the Concurrence Between Art. 316 and Reckless Homicide
When a workplace accident causes death or serious injury, the endangerment offence of art. 316 CP does not absorb the result: it concurs with the reckless offence.
The Labour Inspectorate: When the Employer Faces Criminal Liability
Obstructing or falsifying data before the Labour Inspectorate, and the offences against workers' rights (Arts. 311-318 CP): when criminal liability arises and how it is defended.
Workplace Safety Crimes: the Offence Against Workers' Safety (Art. 316 CP)
Arts. 316 to 318 CP punish whoever, being under a legal duty, fails to provide safety measures and thereby places workers' life or health in serious danger.
Corporate AI Criminal Risk in Spain: The EU AI Act and Compliance
How to manage corporate AI criminal risk in Spain: the EU AI Act, corporate criminal liability under Article 31 bis CP and algorithmic governance.
Criminal due diligence in M&A: Art. 130.2 of the Spanish Criminal Code
Why the buyer inherits the target's criminal liability under Art. 130.2 CP, and how criminal due diligence and R&W protect the deal in Spain.
ESG and criminal compliance: how Article 31 bis CP can exempt a company from criminal liability in Spain
What corporate criminal liability under Art. 31 bis CP is, how an adequate compliance model can exempt the company, and where ESG risks fit today.
Breaching international sanctions (EU, OFAC and UN): the criminal exposure in Spain and how it is defended
Breaching EU, OFAC or UN restrictive measures can amount in Spain to smuggling and money-laundering offences. We set out the legal framework and the defence.
How compliance exempts the company: Art. 31 bis 2 CP requirements
What a prevention model must satisfy for the legal person to be exempt from criminal liability in Spain, and how the company builds its defence.
The Corporate Internal Investigation After a Sign of Crime
Legal framework of the internal investigation: employee rights, validity of digital evidence, whistleblowing channel (Law 2/2023) and Art. 31 bis CP.
Insurance Fraud in Spain: When a Faked Claim Is a Crime
Faking or inflating a claim to collect an indemnity is fraud under Art. 248 CP: sentencing, Art. 250 aggravations, attempt, Art. 457 CP and defence.
Summoned by the Cybercrime Unit: Your First Statement as a Suspect
Being summoned by Spain's cybercrime units over an online scam does not make you guilty. What it means, your rights (Art. 118 LECrim) and why the first statement decides almost everything.
Computer Fraud in Spain (Art. 249.1.a CP): What It Is and How to Defend It
Computer fraud (Art. 249.1.a CP) punishes a non-consented transfer obtained through computer manipulation: phishing, banking malware, CEO fraud and SIM swapping.
Pyramid Schemes and Ponzi Fraud in Spain: How the Criminal Code Punishes Them
Pyramid schemes and Ponzi frauds are prosecuted in Spain as fraud under Articles 248 to 250 CP. Here are the offence, the sentences and the defence.
What Sentence Does Fraud Carry if You Have No Criminal Record?
Basic fraud (art. 249 CP): 6 months to 3 years in prison. With no priors and a suspended sentence (art. 80 CP), a first conviction may avoid prison.
Pig Butchering: the Romance and Crypto Investment Scam (2026)
Pig butchering: the scam that combines a fictitious emotional relationship with a fake cryptocurrency investment.
Appropriation of property delivered by mistake (Art. 254 CP): what happens with a mistaken bank transfer and when it becomes a crime
Receiving a transfer or delivery by mistake is not a crime; keeping it while aware of the error is. We analyse Art. 254 CP, the duty to restore and the defence.
Article 254 Criminal Code: Appropriation of Lost Property (2026)
What Article 254 of the Spanish Criminal Code punishes: appropriating another's movable property outside the misappropriation of Art. 253 (lost property, received by mistake or of unknown owner) and its penalties.
Misappropriation (Art. 253 Criminal Code): Defence Keys
Keeping money or goods received with a duty to return them is a crime (Art. 253 Criminal Code). Penalties, differences with fraud and defence.
Misappropriation of Company Money: Criminal Defence
Have you been accused of the misappropriation of money, goods or documents? We explain what this offence is, the penalties, the difference from theft and…
The Offence of Misappropriation: When the Money Does Not Come Back
What happens when you lend money or goods and they are not returned to you? We analyse the subtle boundary between civil breach, misappropriation and…
Criminal Damage in Spain (Article 263 CP): Fines, Aggravated Types and Defence (2026)
Criminal damage under Article 263 of the Spanish CP: a fine of 6 to 24 months based on the amount, a minor offence below 400 euros, the aggravated types of 263.2, and damage by fire or explosives (266).
Jewellery Fencing and Stolen Gold: the Art. 298 CP Offence in Cash-for-Gold
Article 298 CP punishes acquiring or concealing jewellery of unlawful origin for profit, knowing the prior offence. Penalties, aggravation and good-faith defence.
Receiving Stolen Vehicles in Spain (Art. 298 CP): Offence, Penalties and Defence
Article 298 CP punishes acquiring or holding a vehicle knowing it comes from theft or robbery. Elements, penalties, concurrence with document forgery and defence.
Buying a stolen phone in Spain: what Article 298 of the Criminal Code says about receiving stolen goods and how it is defended
Buying a stolen phone can be receiving stolen goods under Art. 298 CP. The penalties, how knowledge of the illicit origin is proved, and when good faith applies.
Usurpation in Spain (arts. 245-247 CP): violent occupation, boundaries and water
Usurpation under arts. 245 to 247 of the Criminal Code (CP) covers violent occupation of real property, usurpation of real rights, the moving of boundary markers and the diversion of water.
Article 235 CP: Aggravated Theft 2026 · Penalties of 1 to 3 Years
A detailed analysis of Art. 235 CP on the offence of aggravated theft, prison penalties and criminal defence strategies.
Stealthing in Spain: Condom Removal as Sexual Assault
Non-consensual condom removal is analysed as sexual assault following Organic Law 10/2022. Sentencing under Arts. 178 and 179 CP, evidence and defence.
Accused of a Sexual Offence in Spain: Steps and Defence
If you have been reported or investigated for a sexual offence in Spain, the first rule is not to testify without a lawyer (Art. 118 LECrim). What to do and not do, and the procedural roadmap.
The new EU directive on child sexual abuse: what changes and how it will affect Spain
Provisional EU deal (22 June 2026): penalties of up to 10-12 years, limitation periods of up to 32 years from adulthood, and new AI offences.
Groping and Unwanted Touching: Sexual Assault and Defence (Art. 178 CP)
After LO 10/2022, sexual touching without consent is sexual assault (Art. 178 CP), punishable by 1 to 4 years. We explain the classification, the penalties and the lines of defence.
Alcohol and sexual consent in Spain: when intoxication turns an encounter into sexual assault (Art. 178 CP)
When alcohol overrides the capacity to consent and turns an encounter into sexual assault under Art. 178 CP, the penalties it carries and how it is defended.
Cyber Sexual Harassment in Spain: Which Offences Apply and How to Defend (Art. 172 ter CP)
Cyber sexual harassment is not a single offence: it covers stalking, grooming, threats and sharing intimate images. Offences, penalties and defence in Spain.
Trafficking for Forced Begging and Criminal Exploitation in Spain: Art. 177 bis CP
The two least-worked purposes under Art. 177 bis CP: begging in letter a) and exploitation to carry out criminal activities in letter c). The boundary with Art. 232 CP, the exemption from punishment in Art. 177 bis.11 CP for the victim who offends, aggravations and limitation periods.
Article 172 bis Spanish Criminal Code: Forced Marriage (2026)
Article 172 bis of the Spanish Criminal Code: the offence of forced marriage, the modality of taking the victim abroad by deception, the aggravation for underage victims and the line with trafficking…
Article 156 bis Spanish Criminal Code: Organ Trafficking, Offences and Penalties (2026)
Article 156 bis CP: what organ trafficking covers in Spain — promoting, facilitating, advertising or performing illegal transplants —, penalties of up to 12 years and the recipient's liability…
Article 318 bis CP: Facilitating Illegal Immigration (and How It Differs from Trafficking)
Art. 318 bis CP punishes helping a non-EU national to enter or transit through Spain in breach of immigration law, unless the help is purely humanitarian. A fine of 3 to 12 months or 3 months to 1 year in prison, far below human trafficking.
Hostess Club Owner or Manager: Criminal Liability in Spain and Defence
Running a hostess club is not, in itself, a crime: voluntary adult prostitution is not criminalised in Spain. Criminal risk arises with exploitation (Art. 187 CP) or trafficking (Art. 177 bis). We explain the line and the defence.
Pimping (Proxenetismo) in Spain: Art. 187 CP, Penalties, Aggravations and Defence (2026)
What the pimping offence of Article 187 of the Criminal Code (CP) punishes: coercive determination, profiting from exploited prostitution and the defence.
Article 139 Spanish Criminal Code: The Offence of Murder (2026)
Article 139 of the Spanish Criminal Code: murder and its four qualifying circumstances, the 15 to 25 year prison range, and the reviewable permanent imprisonment cases of Article 140.
Medical negligence resulting in death: reckless professional homicide in Spain (Art. 142 CP)
When a patient's death from malpractice is tried as reckless homicide under Art. 142 CP, how it is defended and how the family pursues a private prosecution.
Negligent Bodily Injury: Article 152 CP and the Line Between Gross and Less Serious Negligence
Injuring someone unintentionally can be a crime in Spain if there is gross negligence (Art. 152 CP). The penalty ranges from a fine to prison by injury severity.
Negligent Homicide in Spain (Art. 142 CP): Gross vs Less Serious, Prison or Fine
Causing another person's death through gross negligence carries 1 to 4 years in prison; less serious negligence carries only a fine. We explain where the line falls.
Medical Malpractice in Spain: Criminal Liability and Defence (2026)
Medical malpractice is only a crime when there is negligence: reckless homicide (Art. 142 CP) or reckless injury (Art. 152 CP). Penalties, disqualification and the practitioner's defence.
Professional Intrusion (Art. 403 CP) in Spain: Criminal Defence
Professional intrusion under Art. 403 CP punishes practising a profession without an official qualifying degree.
The Crime Against Moral Integrity Under Article 173.1 CP: Degrading Treatment, Mobbing and Harassment
Guide to the crime against moral integrity under art. 173.1 CP: degrading treatment, workplace and housing harassment, torture (art. 174) and art. 177.
Article 163 Spanish Criminal Code: Unlawful Detention and Kidnapping (2026)
Article 163 of the Spanish Criminal Code: what unlawful detention is, the 4-to-6-year basic penalty, the reduction for releasing the victim in 3 days, and kidnapping under art. 164…
Article 243 CP: the Offence of Extortion in Spain (Penalties & Defence)
Art. 243 CP punishes with 1 to 5 years in prison forcing another, for profit and through violence or intimidation, to perform or omit a legal act to the detriment of their assets. The victim's act of disposition is what sets it apart from robbery and coercion.
Genetic Manipulation: the Offences of Articles 159 to 162 CP
The genetic manipulation offences (Arts. 159 to 162 of the Criminal Code): altering the genotype, cloning, fertilising eggs for a purpose other than procreation, and the penalties and disqualification.
Workplace Harassment (Mobbing): When It Is a Crime
Not every workplace conflict is mobbing. We explain when workplace harassment constitutes an offence under Art.
Extortion: What It Is, the Penalties and How to Act as Victim or Accused
A victim of extortion or accused of it? A complete guide: what it is, the penalties (1-5 years), sextortion, blackmail, what to do and how to defend yourself.
Domestic Abuse in Spain: Art. 153 (Occasional) vs Art. 173.2 (Habitual)
Domestic abuse in Spain is not the offence of bodily harm: it is occasional abuse under Art. 153 CP or habitual abuse under Art. 173.2 CP. We explain the difference, the penalties and the defence, with full respect for the presumption of innocence.
Parental Child Abduction in Spain: Art. 225 bis CP and How It Is Defended
Art. 225 bis CP punishes a parent who abducts their own child with 2 to 4 years in prison. We explain removal, retention, the restitution exemption and defence.
The Article 416 LECrim Exemption Explained: When a Relative May Refuse to Testify
What the Article 416 LECrim exemption is, who can rely on it, its five exceptions and what happens if you report and later choose to stay silent.
Is a Complaint Enough to Arrest? Gender Violence and Sexual Assault
When can police arrest after a complaint of gender violence or sexual assault? Evidence, purpose, proportionality and why a complaint alone is not enough.
Vicarious Violence: What It Is and How Criminal Law Addresses It
Vicarious violence is violence exerted against children or other loved ones to harm the woman.
Bigamy and Illegal Marriages (Art. 217 CP) in Spain: Criminal Defence
Bigamy is still an offence in Spain (Art. 217 CP) with penalties of up to 1 year in prison.
Threats and Coercion by WhatsApp and Social Media in Spain
When a message on WhatsApp or social media becomes threats (Arts. 169-171 CP) or coercion (Art. 172 CP), the aggravation for the medium used and what digital evidence really proves.
Article 171 Spanish Criminal Code: Blackmail and Conditional Threats (2026)
Article 171 of the Spanish Criminal Code: conditional threats of non-criminal harm, blackmail by threatening to reveal private facts, minor threats in gender and domestic violence cases, and every penalty involved.
Article 202 Spanish Criminal Code: Trespass of a Dwelling — Breaking and Entering (2026)
Article 202 of the Spanish Criminal Code (CP): trespass of a dwelling, entering or remaining without consent, the aggravated form with violence or intimidation, and how it differs from squatting…
Coercion Offence: Complete Legal Guide (2026)
Complete guide to the coercion offence in Spain: types, penalties, the fine line with threats, and defence strategies.
Trespass & Home Invasion: Criminal Defence Guide in Spain
Entering someone's home without permission or refusing to leave when asked: the crime of trespass in Spain. Penalties, defences, and practical cases.
Coercion (Art. 172 CP): A Legal and Real Estate Guide
Is it an offence to change the lock or cut off the power to a non-paying tenant? When does a family argument become coercion?
The Offence of Insults: Articles 208 to 210 CP, Penalties and Defence
Article 208 CP defines an insult as an expression that harms another person's dignity. Only serious insults are crimes. Penalties, online insults and defence.
Slander as a Criminal Offence (Art. 205 CP): Penalties and Defence
What slander is under Arts. 205-207 CP: falsely imputing a crime, penalties with and without publicity, the exceptio veritatis and how it is defended.
Slander and Insults on Social Media: Defence
Posting a false accusation or a serious insult online can be a crime. The difference between slander and insult, penalties and defence strategy.
Criminal Defence for High-Profile Individuals
When the suspect is an executive, athlete or public figure, the reputational risk runs alongside the criminal one. How the defence is coordinated.
Slander and Insult: Differences, Penalties and Defence ▷ 2026 Guide
Accused of slander or insult? We explain the difference between these offences, the exceptio veritatis, the penalties and the most effective defence…
Hate Crimes and Discrimination: Criminal Defence Guide 2026
Accused of a hate crime? We explain what conduct is punishable, the aggravating factor of Art.
Challenging the Breathalyser: How Drink-Driving Evidence Is Set Aside
A positive breathalyser reading is not an automatic conviction: the defence can challenge it over type-approval, calibration, the double reading or margin of error.
Positive Saliva Drug Test: How It Is Challenged Under Art. 379.2 CP
A roadside saliva drug test is only a preliminary screening: without lab confirmation or proven impairment, a positive result is challengeable and not a conviction.
Drink-Driving With an Accident and Injuries: The Concurrence of Arts. 379.2, 142 and 152 CP
Drink-driving and causing an accident with injured people is two crimes in Spain: Art. 379.2 CP plus the result offence (142 or 152 CP). Art. 382 sets the penalty.
Your Rights at a Traffic Stop in Spain: A Driver's Practical Guide
Your rights at an alcohol or drug checkpoint in Spain: information, a blood counter-analysis, the double reading, legal assistance and limits on searching the car.
Driving after losing all your points (Art. 384 CP): the notice is the key
Driving after your licence loses validity through total point loss is an offence under Art. 384 CP, but without valid notice the required intent may be missing.
Drug Driving in Spain: Influence vs. Presence (Art. 379.2 CP)
Testing positive for drugs is not automatically a crime: Art. 379.2 CP requires actual impairment at the wheel. How it differs from a traffic fine.
Crimes in the Family Business in Spain: the Art. 268 CP Family Exemption
Art. 268 CP exempts property offences between close relatives from punishment, but in a family business it rarely resolves the case: where the company is the injured party the exemption does not apply, and the corporate offences of Arts. 290 to 294 CP fall outside it. Limits, characterisation, Art. 296 CP and lines of defence.
Denial of Shareholder Rights in Spain: Art. 293 CP Explained
Art. 293 CP punishes with a fine of six to twelve months the director who, without legal cause, denies or prevents a shareholder from exercising the rights of information, participation in management or control of company business, and pre-emptive subscription. Elements of the offence, boundaries with Arts. 290 to 294 CP and the director's defence.
Abusive Shareholder Resolutions: Article 291 of the Criminal Code
Article 291 CP punishes those who, abusing their majority, impose abusive resolutions to the detriment of the other shareholders and without any benefit to the company.
Obstructing Supervision or Inspection (Art. 294 CP)
What obstruction of inspection or supervisory activity is under Art. 294 CP: who is liable, in which regulated markets, the penalties, and how it is defended.
False Accounts: The Offence of Art. 290 of the Criminal Code
Article 290 CP punishes the director who falsifies the annual accounts or other company documents in a way capable of causing financial harm.
Article 252 Spanish Criminal Code: Unfair Administration (2026)
Article 252 of the Spanish Criminal Code: what unfair administration is, how it differs from misappropriation, who can commit it and the penalties, referred…
Article 392 CP: Document Forgery by a Private Individual (Material vs Ideological)
Art. 392 CP punishes a private individual who materially forges a public, official or commercial document, not a mere lie in its content. Six months to 3 years in prison plus a fine of 6 to 12 months.
I Received a Counterfeit Note in Good Faith and Spent It: Is It a Crime? (Art. 386 CP)
Paying with a counterfeit note without knowing it was fake is not a crime. It is only an offence to pass it on once you know it is counterfeit, and with a far lower penalty than the forger's (3-6 months or a fine), not the 8-12 years of the maker.
Forgery of Postage Stamps and Stamped Effects (Art. 389 CP)
Article 389 CP punishes forging or distributing postage stamps and stamped effects in Spain. Offence, penalties by role and value, and lines of defence.
Usurpation of public functions (Art. 402 CP): when impersonating an authority or public officer is a crime in Spain
What Art. 402 CP punishes, how it differs from the improper use of a uniform (402 bis) and from professional intrusion (403), and how this charge is defended.
Forgery of an ID Card, Passport or Licence: Art. 392 CP
Forging or using a false ID card, passport or driving licence is forgery of an official document by a private individual (art. 392 CP). Penalties and defence.
Credit Card Forgery: Article 399 bis of the Criminal Code
Article 399 bis CP punishes forging, holding for distribution or using forged credit or debit cards and traveller's cheques, with penalties of up to eight years.
Weapon Possession Laws in Spain: A Guide to Arts. 563-570 CP
What weapon possession law says in Spain: prohibited weapons and unlicensed firearms (Arts. 563-564 CP), stockpiling of weapons and munitions (Arts. 566-567 CP) and explosives (Art. 568 CP), with the penalties for each.
Are Stun Guns or Tasers Legal in Spain?
Stun guns and tasers are prohibited weapons in Spain: possession by private citizens can be an offence under Article 563 CP, with 1 to 3 years in prison.
Article 556 Spanish Criminal Code: Resisting Authority and Serious Disobedience (2026)
Article 556 of the Spanish Criminal Code: resisting and seriously disobeying the authorities, the penalties (3 months to 1 year in prison or a fine) and the lines separating it from assault on authority…
Article 557 Spanish Criminal Code: Public Disorder After the 2022 Reform (2026)
Article 557 of the Spanish Criminal Code after Organic Law 14/2022: group public disorder with violence or intimidation, penalties of 6 months to 3 years, the new 557 bis and the repeal of sedition.
Weapons & Ammunition Stockpiling: Arts. 566 & 567 CP and Defence (2026)
What stockpiling weapons and ammunition means under Articles 566 and 567 of the Spanish Criminal Code: thresholds by type of weapon, penalties for organisers and helpers, and defence.
Criminal Organisation vs Group: Arts. 570 bis & ter CP
The difference between a criminal organisation (Art. 570 bis CP) and a criminal group (Art. 570 ter CP): structure, penalties by role, concurrence with the underlying offence and defence strategies.
Pharmaceutical Crimes in Spain: Unauthorised Medicines, Counterfeits and Anabolic Steroids (Arts. 361 to 362 quinquies CP)
Guide to pharmaceutical crimes under arts. 361 to 362 quinquies CP: unauthorised and counterfeit medicines, anabolic steroids, penalties and defense.
Article 368 Spanish Criminal Code: The Drug Trafficking Offence (2026)
Article 368 of the Spanish Criminal Code: drug trafficking penalties by substance (3-6 or 1-3 years), the mitigated subtype of 368.2 and the aggravated forms of articles 369 and 370.
Arrested with Drugs at a Spanish Airport: What to Do and How to Defend It
Being arrested at Barajas or El Prat with drugs —as a 'courier' or for transport, including body-packing— is an offence against public health (Art. 368 CP), often aggravated. The defence focuses on lack of knowledge of the load, the lawfulness of the search and the evidence.
Illegal Search and Seizure in Drug Cases in Spain
In drug cases the evidence almost always comes from a search. If the search of the car, the home or the person was carried out without safeguards, the evidence may be excluded (Art. 11.1 LOPJ) and drag down everything derived from it.
Offences Against Food Safety and Public Health (Arts. 363-365 CP)
Arts. 363 to 365 CP punish making, selling or adulterating food harmful to health. It is an offence of danger: we explain the penalties and the defence.
International Drug Trafficking: From Art. 368 to Art. 370 CP
How drug-trafficking sentences are built: the basic offence (Art. 368), the aggravations of Art. 369, criminal organisation (369 bis) and extreme gravity (370).
Illegal Exactions in Spain: Art. 437 CP and Improper Charges by Officials
Art. 437 CP punishes the official who demands fees, tariffs or professional bills that are not owed or that exceed the legal amount. No custodial penalty, suspension rather than disqualification, an offence complete on the demand and time-barred after five years: the elements, the boundaries and the lines of defence.
Public Officer Fraud in Spain: Art. 436 CP in Public Procurement
Art. 436 CP punishes the official who colludes with interested parties or uses any other device to defraud a public entity. It is complete without any loss, it fixes a penalty of its own for the colluding private party, it becomes time-barred after ten years, and it must be told apart from bribery, misconduct in office and embezzlement.
Breach of Document Custody by Public Officials in Spain: Arts. 413-416 CP
Art. 413 CP punishes with one to four years in prison, a fine of seven to twenty-four months and special disqualification of three to six years the authority or public official who knowingly removes, destroys, renders useless or conceals documents in their custody. Concept of document, direct intent, boundaries and a ten-year limitation period.
Prohibited Negotiations by Public Officials in Spain: Art. 439 CP in Practice
Art. 439 CP punishes the official who, having to intervene by reason of office, exploits that position to secure a share in the business. Elements of the offence, Arts. 440 and 441 CP, the duty to abstain, boundaries with bribery and misconduct in office, and why the limitation period is ten years.
Malfeasance vs Influence Peddling: Differences and the Extraneus
Art. 404 against arts. 428 to 430 CP: who can be a principal, whether a decision is needed, penalties and completion. And where a private individual stands.
Electoral Crimes in Spain (LOREG): Who Is Liable and Defence
Electoral offences sit in the LOREG, not in the CP. Who is liable (polling station members, officials, agents, private individuals), conduct, penalties and defence.
Articles 319 and 320 Spanish Criminal Code: Illegal Building and Planning Malfeasance (2026)
Articles 319 and 320 CP: penalties for illegal building on protected and non-developable land in Spain, court-ordered demolition, and the planning malfeasance of public officials.
Articles 351 and 352 Spanish Criminal Code: Arson and Forest Fires (2026)
Articles 351 to 358 bis of the Spanish Criminal Code: arson endangering people (10 to 20 years), forest fires (1 to 5 years plus a fine), the aggravated offence and fires caused by gross negligence…
The Crime of Mass Destruction (Art. 346 CP): Intent, Recklessness and Defence
Spain's crime of mass destruction punishes large-scale destruction that endangers life, with prison up to twenty years. We explain its elements and defence.
Environmental Crime: Article 325 of the Criminal Code
Article 325 of the Criminal Code punishes emissions and discharges capable of seriously harming the natural balance. It is an endangerment offence.
Animal Cruelty in Spain: When Is It an Offence? Penalties and Defence 2026
Accused of animal cruelty? We explain when it is an offence and when it is an administrative infringement, the penalties after the 2023 reform, and the most…
Environmental Crimes in Spain: When Discharges Are Criminal
Environmental crimes (Arts. 325-340 CP) are one of the fastest-growing areas of Spanish criminal law.
The Criminal Trial in Spain: How It Unfolds and How the Defence Is Prepared (2026)
How a criminal trial works in Spain step by step and how the defence is prepared: defence brief, preliminary hearing, plea agreement, evidence and appeal.
How to Choose a Criminal Defence Lawyer in Spain
Objective criteria for choosing a criminal defence lawyer in Spain: real specialisation, experience in your procedural stage, verifiable bar registration, who runs the case, and what to check as a foreign national.
European Arrest Warrant Between Spain and Germany: How It Works
Spain and Germany are both EU member states, so surrender between them runs through the European Arrest Warrant, not classic extradition — with its own deadlines, its own list of automatic offences and its own grounds for refusal.
Extradition from Spain to the United Kingdom Post-Brexit: What Changed
Since Brexit, the UK is no longer part of the European Arrest Warrant. Surrender between Spain and the UK now runs through a new mechanism under the EU-UK Trade and Cooperation Agreement.
Extradition from Spain to the United States: Process and Grounds for Refusal
Spain and the United States are not linked by the European Arrest Warrant. Extradition to the US runs under a bilateral treaty, through the National Court, with its own grounds for opposition.
A Family Member Has Been Arrested in Spain: What to Do in the First 72 Hours
Your partner, child or sibling has just been arrested in Spain: how to find the police station, how to appoint a private lawyer instead of the duty lawyer, what the police will tell you, and when habeas corpus applies.
Article 451 Spanish Criminal Code: Accessory After the Fact (Encubrimiento) (2026)
Article 451 of the Spanish Criminal Code: the offence of encubrimiento (accessory after the fact), its three forms, the penalty cap of art. 452 and the family exemption of art. 454.
Article 455 Spanish Criminal Code: Taking the Law Into Your Own Hands (2026)
Article 455 of the Spanish Criminal Code: enforcing your own right by force, the fine of 6 to 12 months, the weapons aggravation and the line separating it from robbery and coercion.
False Testimony in Civil and Employment Cases (Art. 458 CP)
Lying as a witness in a civil or employment trial is a crime in Spain. We examine Art. 458 CP and its penalties, why the Art. 462 CP exemption does not reach civil cases, and how the defence is built.
Retraction of False Testimony (Art. 462 CP)
A witness who lied but corrects course in time can be exempt from punishment. We examine Art. 462 CP, its requirements, its limits and the keys to the defence.
Inducement to False Testimony: Presenting False Witnesses (Art. 461 CP)
Knowingly presenting false witnesses or lying experts is a crime in Spain. We examine Art. 461 CP, the mirror penalties, the aggravated offence and the defence.
I Was Falsely Accused and the Case Was Dismissed: Can I Sue?
How to prosecute a false accusation (art. 456 CP) after a dismissal: the requirement of a final decision, proving intent, what you can claim, and the alternative of calumny.
Prison Disciplinary Proceedings in Spain: Offences, Sanctions and Appeals to the Supervision Judge (2026)
Prison disciplinary offences and sanctions under Art. 42 LOGP, procedural safeguards, written statement of charges and appeals to the Prison Supervision Judge.
Prison Transfer in Spain: Who Decides It and How to Request One (2026)
Who decides prison transfers in Spain, how to request one on family grounds and how to fight a refusal: petition, JVP complaint and judicial review.
A Family Member in Pretrial Detention in Spain: Money, Packages and Visits
Your relative has been remanded into pretrial detention in Spain: how to send money through the inmate's account, what you can and cannot put in a package, and how to arrange a visiting-room or contact visit.
Prisoner Transfer from Spain: Serving Your Sentence in Your Home Country (2026)
How a foreign national convicted in Spain can be transferred to serve the sentence at home: the EU route (Framework Decision 2008/909/JHA, Law 23/2014) and the Strasbourg Convention route for the UK and non-EU states.
Extraordinary Prison Furloughs in Spain: How to Apply and Defend Them
Practical guide to the extraordinary furlough (Art. 47.1 LOGP): grounds, urgent processing, appeal to the supervision judge, and escorted release after a refusal.
Sentence Review Under LO 1/2026: Applying the More Favorable Criminal Law in Spain
LO 1/2026 can reduce sentences that are already final. We explain favorable retroactivity (Art. 2.2 CP / 9.3 Constitution) and the review procedure.
Generative AI Scams: Deepfakes, CEO Fraud and Defence in Spain
Fake videos in investment ads, impersonated video calls and AI-cloned websites. Which offence applies, what penalties follow and how each position is defended.
The E-Evidence Regulation: European Production Orders for Your Data from 18 August 2026
Regulation (EU) 2023/1543 applies from 18 August 2026: a judicial authority in one Member State can order your provider to hand over data in ten days. What it covers, and how the defence responds.
Article 264 Spanish Criminal Code: Computer Damage and Sabotage (2026)
Article 264 of the Spanish Criminal Code punishes deleting, damaging or altering another's data without authorisation. The aggravated forms, system sabotage (264 bis) and why ransomware adds extortion.
Creating an AI nude from a real photo: unlawful processing of personal data
Spain's data protection authority treats generating and sharing an AI nude from a real photo as unlawful processing of personal data, and also a crime.
Fake 'Payment Manager' Job Offer: How You Are Turned Into a Money Mule
Fake 'payment manager' or 'financial agent' job offers are the usual way to recruit money mules without their knowledge. If you fell for one, that prior deception is the basis of your defence.
Money Mule in Spain: What Criminal Risk You Face and How to Defend It
Lending your account to receive and forward money from a scam is not a stand-alone offence: it is prosecuted as money laundering (Art. 301 CP), participation in the fraud or receiving stolen goods. The key is whether you knew the origin of the money.
Unlawful Access to Medical Records: Art. 197.2 CP in Spain
Looking up someone else's medical record or health data without authorisation: Art. 197.2 CP, the Art. 197.5 aggravation, the file controller and the data-protection boundary.
Industrial Espionage (Art. 278 CP) in Spain: Criminal Defence
Industrial espionage (Arts. 278-280 CP) protects trade secrets with penalties of up to 4 years in prison.
Disclosure of Secrets: 2026 Guide (Phones, Emails and the Workplace)
When is it an offence to look at your partner's phone or read an employee's emails? We analyse Art.
Disclosure of Secrets: Digital Privacy and the Workplace
Circulating an intimate video, accessing your partner's email or stealing your company's client list. It is all in Art.
Quantum Computing: The End of Professional Secrecy?
Quantum supremacy threatens to break the RSA encryption protecting banks and legal secrets. Do law firms face criminal liability if their data is exfiltrated?
Neuro-rights: Can a Judge Order a Scan of Your Memory?
With the advance of neurotechnology, we analyse the legal protection of mental privacy. Does a P300 brainwave analysis violate the right not to testify?
The EU Asset Recovery and Confiscation Directive (2024/1260): What Changes Before November 2026
Directive (EU) 2024/1260 must be transposed by 23 November 2026: asset recovery offices, non-conviction-based confiscation and confiscation of unexplained wealth linked to organised crime.
Seizure and Freezing of Crypto Assets in Spanish Criminal Proceedings (Art. 127 et seq. CP)
How crypto assets are confiscated and frozen in a Spanish criminal case: Articles 127 to 127 octies CP, the limbs of the measure, securing and defence.
Your Crypto Platform Loses Its Licence on 1 July 2026: What to Do
On 1 July 2026 the Spanish MiCA transition ends: only authorised CASPs may operate. How to check your platform and claim your funds if they are withheld.
Emerging Crypto-Asset Crimes: Digital Euro, Smart Contracts, DAOs and Influencers (2026 Guide)
Complete guide to the new criminal risks of the crypto ecosystem: the Digital Euro and money laundering, smart contracts with backdoors, liability in DAOs, influencer promotions and AI voice-cloning vishing.
Recovering Money from a Cryptocurrency Scam: Legal Guide 2026
Have you been scammed with Bitcoin, fake investments or fraudulent trading platforms? We explain the real legal routes to recover your money and the…
Cryptocurrency and Money Laundering in Spain: Criminal Risks
Owning, trading, or transferring cryptocurrency in Spain carries criminal risks that many investors ignore.
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