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.
call91 078 65 74Case Law Analysis
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.
A Sentence That Was Not Yet Final Cannot Be Breached
The Supreme Court recalls that the breach offence under Art. 468 of the Criminal Code requires a final sentence: with no enforceable penalty there is no offence. It quashes two convictions and a recidivism aggravating factor through the review remedy.
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Organic Law 14/2022 reformed embezzlement (Arts. 432-435 CP) into graded offences and repealed sedition.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.
Organic Law 4/2023: Gender Identity and Hate Crimes
Organic Law 4/2023 reinforced the discrimination aggravating factor (Art. 22.4 CP) and Art. 510 CP hate crimes, expressly adding gender identity and expression.
Organic Law 13/2022: Payment Fraud and Cyber Scams
Organic Law 13/2022 transposes Directive (EU) 2019/713 and strengthens arts. 248-251 CP and computer fraud (art. 249 CP) against phishing and payment fraud.
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 Organizations (Art. 570 bis CP)
Organic Law 8/2022 reforms Arts. 570 bis and 599 CP and toughens the response to transnational organized crime. What changes and how to defend yourself.
Economic & Corporate
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.
Tax Crimes
Fake Invoices in Spain: Which Crime? Forgery, Accounting and Tax Offenses (2026)
Fake invoices under Spanish law: document forgery (art. 392 CP), the accounting offense (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? Defense 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
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,…
The Offence of Self-Laundering: Is Spending Stolen Money an Offence?
We analyse the complex concept of self-laundering. When does the mere enjoyment of unlawful gains become a fresh offence of money laundering?
The Digital Euro and Money Laundering: New Challenges
With the imminent arrival of the Digital Euro, the rules of the game for financial privacy and capital control will change. How does it affect you?
Labor Crimes
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.
Crimes Against Workers' Rights: Legal Guide 2026
We analyse the keys to crimes against workers' rights (Arts. 311-318 CP), from unlawful employment to accidents caused by a lack of safety measures.
Compliance & Prevention
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.
Fraud & Scams
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 prior record and a suspended sentence (art. 80 CP), a first conviction need not mean actual imprisonment.
Pig Butchering: the Romance and Crypto Investment Scam (2026)
Pig butchering: the scam that combines a fictitious emotional relationship with a fake cryptocurrency investment.
Procedural Fraud in Spain: Deceiving the Court (Legal Guide 2026)
What is procedural fraud? We explain Art. 250.1.7 CP: deceiving the judge with false evidence, manipulated documents and fraudulent claims.
Misappropriation
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): Defense Keys
Keeping money or goods received with a duty to return them is a crime (Art. 253 Criminal Code). Penalties, differences with fraud and defense.
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…
Theft, Robbery & Property
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.
Sexual Offenses
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.
Digital Exhibitionism before Minors: Article 185 CP on Webcam, Video Calls and Social Media
Digital exhibitionism falls under Art. 185 CP when obscene exhibition before a minor is done by webcam, video call or social media: six months to one year in prison.
Human Trafficking
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, transit through or remain in Spain in breach of immigration law, with a fine of 3 to 12 months or 3 months to 1 year in prison. Humanitarian aid is not an offence, and it is far less serious than 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.
The Crime of Human Trafficking: Article 177 bis of the Criminal Code
Article 177 bis CP punishes recruiting, transferring, harbouring or receiving people for the purpose of exploitation, using violence, intimidation, deception or abuse of their situation of vulnerability.
Life & Physical Integrity
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 Defense (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 defense.
Professional Intrusion (Art. 403 CP) in Spain: Criminal Defence
Professional intrusion under Art. 403 CP punishes practising a profession without an official qualifying degree.
Other Crimes Against Persons
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 offense under Art.
Sextortion in Spain: Criminal Defence and Digital Forensics (2026)
Sextortion combines extortion (Art. 243 CP), disclosure of secrets (Art. 197.7 CP) and threats (Art. 169 CP).
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.
Family & Domestic Violence
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.
Crimes Against Liberty
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 Offense: Complete Legal Guide (2026)
Complete guide to the coercion offense in Spain: types, penalties, the fine line with threats, and defense strategies.
Trespass & Home Invasion: Criminal Defense Guide in Spain
Entering someone's home without permission or refusing to leave when asked: the crime of trespass in Spain. Penalties, defenses, 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?
Stalking & Harassment in Spain: Legal Defense Guide
The crime of stalking (Art. 172 ter CP): what constitutes harassment, digital evidence, penalties (1-2 years), and defense strategies.
Crimes Against Honor & Dignity
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: Defense
Posting a false accusation or a serious insult online can be a crime. The difference between slander and insult, penalties and defense strategy.
Criminal Defense for High-Profile Individuals
When the suspect is an executive, athlete or public figure, the reputational risk runs alongside the criminal one. How the defense 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.
Road Safety
Challenging the Breathalyzer: How Drink-Driving Evidence Is Set Aside
A positive breathalyzer 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.
Corporate Crimes
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…
Organic Law 14/2022: Reformed Economic Crimes in Spain
Organic Law 14/2022 deeply reformed private corruption (Art. 286 bis CP), corruption in international transactions.
Criminal conviction for using trade secrets to launch a rival firm (arts. 278-280 CP)
Two former executives were sentenced to one year in prison for using their old employer's client list and confidential files to build a competing company.
Forgery & Counterfeiting
Article 392 CP: Document Forgery by a Private Individual (Material vs Ideological)
Art. 392 CP punishes a private individual who forges a public, official or commercial document with 6 months to 3 years. Its key defence: a private individual answers only for material forgery; ideological falsehood is atypical.
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.
Public Order
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.
Stadium and Sporting-Event Violence: Crime and Defence
The criminal side of stadium violence (public-order offences, injuries, damage) and the administrative sanction of Law 19/2007. Offences, penalties and defence.
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 Organization vs Group: Arts. 570 bis & ter CP
The difference between a criminal organization (Art. 570 bis CP) and a criminal group (Art. 570 ter CP): structure, penalties by role, concurrence with the underlying offence and defence strategies.
Illegal Firearm Possession: Art. 564 Criminal Code & Defence (2026)
What Article 564 of the Spanish Criminal Code punishes: holding a regulated firearm without a licence. Penalties by type of weapon, aggravating factors and defence.
Drug Trafficking
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).
Drug Trafficking Sentence for a First Offence in Spain
What sentence does drug trafficking carry for a first offence in Spain? The basic offence under Art. 368 CP starts at 3 years, so a clean record alone does not guarantee a suspended sentence. We explain why, and the routes that exist.
Public Administration
The Crime of Influence Peddling: Articles 428 to 430 of the Criminal Code
Influencing an official by exploiting a personal or hierarchical relationship to obtain a resolution carrying an economic benefit is punished by arts. 428 to 430 CP.
Transnational Bribery of Foreign Officials: Article 286 ter of the Criminal Code
Article 286 ter CP punishes bribing foreign or international officials to obtain or retain a contract or competitive advantage in international economic transactions.
Match-Fixing and Sports Corruption (Art. 286 bis CP)
What match-fixing is as the sports corruption offence under Art. 286 bis.4 CP: punishable conduct, penalties, the special-relevance threshold and lines of defence.
Embezzlement of Public Funds: The Offence of Art. 432 CP
Art. 432 CP punishes the authority or official who, for profit, appropriates the public assets in their charge. Penalties and lines of defence.
Article 417 CP: Disclosure of Secrets and Restricted Data by Public Officials
The offence under Article 417 CP: disclosure of secrets by public officials, penalties, special disqualification, moral damages and how it differs from Article 197 CP.
Article 404 Spanish Criminal Code: Administrative Malfeasance (2026)
Article 404 of the Spanish Criminal Code: what administrative malfeasance is, what an arbitrary decision means, why it carries only disqualification and how…
Territory & Environment
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 offense.
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.
Criminal Procedure
Arrested in Spain, Left the Country: Can I Go Back? (2026)
Arrested or investigated in Spain and returned home? Leaving does not close the case: your obligations, what a requisitoria is, when the SIS and the European Arrest Warrant come into play, and how to resolve it from abroad.
Criminal Case in Spain While Living Abroad: Defence Without Travelling
Facing a criminal case in Spain while you live abroad: how notification reaches you, appointing a lawyer by power of attorney and Hague Apostille, formally entering the case, giving evidence by videoconference (art. 731 bis LECrim) and what happens if you ignore the summons.
Missed a Court Date in Spain? Trial in Absentia, Fugitive Status and the European Arrest Warrant (2026)
If you were a suspect or defendant in Spain and did not attend your court date, the case does not vanish: the trial may go ahead in your absence when the penalty sought does not exceed 2 years (art. 787.1 LECrim), a requisitoria is issued, you can be declared a fugitive and a European Arrest Warrant may follow. How to react and the annulment appeal.
How Much Does a Criminal Defence Lawyer Cost in Spain? Fees Explained (2026)
How a Spanish criminal defence lawyer's fees are calculated: what drives the cost, the retainer (provisión de fondos), the stage-by-stage budget and the engagement letter.
Spain's Criminal Procedure Law (LECrim): What It Is and the Stages of a Criminal Case (2026)
What the LECrim is and how a criminal case works in Spain step by step: investigation, trial and appeals, the types of procedure and the safeguards.
Coordinating Criminal Defence with the Communications Agency Without Breaching Professional Secrecy
How the protocol connecting criminal defence with a high-profile client's communications agency works without breaching the secrecy of art. 199 CP.
Crimes Against Justice Administration
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, its penalties, the retraction defence 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 Law
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.
Full Sentence Serving and the Security Period: Article 78 of the Criminal Code
When a court can order that prison benefits, furloughs, open regime and conditional release be computed on the totality of the sentences (Art. 78 CP) rather than on the Art. 76 cap, and how it is challenged.
Sentence Merger and Accumulation: the Art. 76 CP Cap
How the maximum enforcement cap of Art. 76 CP and the accumulation under Art. 988 LECrim can cut years off actual prison time.
Article 100.2 of the Spanish Prison Regulation: Working Outside Without Third Grade
The flexibility principle of Article 100.2 of the Spanish Prison Regulation: a mixed regime between grades, who can apply and how it is processed.
Cybercrime
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.
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.
They Searched My Phone or Cloud Without Authorisation: Is the Evidence Excluded?
Accessing an investigated person's phone, computer or cloud requires a specific, reasoned judicial authorisation (Art. 588 sexies LECrim). Without it, the evidence may be excluded (Art. 11.1 LOPJ) and drag down everything derived from it.
Illegal Data Access and Interception of Communications (Art. 197 bis CP)
Article 197 bis CP punishes accessing a system by breaching security measures and intercepting non-public data transmissions. Offence, penalties and defence in Spain.
Hacking: The Offence of Illegal System Access (Art. 197 bis CP)
Article 197 bis CP punishes accessing a computer system by breaching its security measures and without authorisation; damage and sabotage fall under article 264 CP.
Privacy & Confidentiality
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.
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 analyze the legal protection of mental privacy. Does a P300 brainwave analysis violate the right not to testify?
Crypto Scams
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.
DAOs: Criminal Liability in Decentralised Organisations
When a Decentralized Autonomous Organization commits a crime (laundering, fraud), who do we indict?
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