Article 419 Spanish Criminal Code: The Offence of Bribery (2026)

Article 419 of the Spanish Criminal Code governs the offence of bribery, the core of public corruption offences. It punishes the public official who receives or solicits a gift in order to act contrary to their duties. As criminal defence lawyers, we explain its regime.

What Article 419 Says

Bribery is committed by an authority or public official who, for their own benefit or that of a third party, receives or solicits — directly or through an intermediary — a gift, favour or reward of any kind, or accepts an offer or promise, to perform an act contrary to the duties of their office or to fail to perform or unjustifiably delay an act they should carry out. Penalty: prison of 3 to 6 years, a fine and special disqualification of 9 to 12 years.

Proper and Improper Bribery

• Proper bribery (Art. 419): the gift seeks an act contrary to the duties of office. The most serious form.
• Improper bribery (Art. 420): the gift seeks an act proper to the office, not contrary to its duties. Lower penalty: prison of 2 to 4 years.
• Art. 422: accepting a gift offered in consideration of the office or function.

Active Bribery: the Private Individual Who Bribes

Article 424 punishes active bribery: the private individual who offers or gives the gift to the official is also criminally liable, with equivalent penalties. The corruption offence has two sides: the one who receives and the one who pays.

Defence Strategies

1. No pact: there was no agreement linking the gift to an act of office.
2. Atypicality of social courtesy: invitations or gifts with no corrupting capacity.
3. Reclassifying as improper bribery under Article 420, with a lower penalty.
4. The exemption of Article 426 for the private individual who reports in time.
5. Nullity of evidence: challenging wiretaps or searches improperly carried out.