Crime vs. Misdemeanor in Spain: Classification Guide 2026

Many clients still ask: "Is this a crime or a misdemeanor?". The short answer is: Misdemeanors no longer exist. They were removed from the Spanish Criminal Code (CP) in 2015. Today, everything is a criminal offense. But the distinction is still important to understand how serious your case is. In this 2026 guide we bring the concepts up to date. Our specialist criminal lawyers can help you with your case.

The End of "Misdemeanors"

Until 2015, the Spanish Criminal Code (CP) distinguished between Crimes (serious) and Misdemeanors (faltas, minor offenses). Misdemeanors had a major advantage: they left NO criminal record.

With the reform, the former misdemeanors became:

1. Minor Offenses (delitos leves): The majority (petty theft, minor threats, minor bodily harm). They DO leave a criminal record.
2. Administrative Infractions: Some conduct was moved to the "Gag Law" (police fines, not court proceedings).
3. Decriminalization: Conduct that is no longer punished (e.g. minor libel and slander, except in cases of gender-based violence).

Current Classification of Criminal Offenses (Art. 13 CP)

Today, criminal offenses are classified by their seriousness (based on the penalty):

1. Minor Offenses (delitos leves)

• Punishable by minor penalties (Fine of up to 3 months, location monitoring).
• Examples: Theft under EUR 400, bodily harm not requiring medical treatment, minor threats.
• Procedure: Fast-track trial for minor offenses (lawyer not mandatory, although recommended).
• Record: Cancelled after 6 months.

2. Less Serious Offenses (delitos menos graves)

• Punishable by less serious penalties (Imprisonment of 3 months to 5 years, fines longer than 3 months).
• Examples: Burglary, drug trafficking (lower-level), fraud, drink-driving.
• Procedure: Abbreviated proceedings or fast-track trial.
• Record: Cancelled after 2-3 years.

3. Serious Offenses (delitos graves)

• Punishable by serious penalties (Imprisonment over 5 years, disqualification over 5 years).
• Examples: Homicide, rape, large-scale drug trafficking.
• Procedure: Ordinary proceedings (sumario) or Jury Trial.
• Record: Cancelled after 5-10 years.

The Trial for Minor Offenses

This is the replacement for the former "misdemeanor trial" (juicio de faltas). Key features:

• It is very fast (sometimes on the same day).
• You can attend without a lawyer (but we do NOT recommend it: the prosecutor is a lawyer).
• The judgment can be appealed.
• If convicted, you will have a criminal record for 6 months (which can prevent you from sitting public-sector exams or renewing official documents).

Theft: Minor or Less Serious Offense?

The threshold is EUR 400:

• If the value of the stolen item is EUR 400 or less: Minor Offense of Theft (Penalty: fine).
• If the value is over EUR 400: Less Serious Offense of Theft (Penalty: 6 to 18 months in prison).

Exception (Repeat offending, Organic Law 1/2026): Since 10 April 2026, anyone with at least three prior final convictions for offenses of the same nature (at least one of them for a minor offense) faces the penalty of the basic offense: 6 to 18 months in prison, even if the value stolen is below EUR 400. It is no longer required, as under the previous rules, that the amounts add up to more than EUR 400.

New in 2026: The Minor Offense That Can Lead to Prison

Organic Law 1/2026, of 8 April (the so-called "repeat-offending law"), in force since 10 April 2026, has changed the landscape of minor property offenses:

• Repeat minor theft (Art. 234.2 CP): with three or more prior final convictions for offenses of the same nature (at least one for a minor offense), the penalty rises from a fine to 6 to 18 months in prison, even if the value stolen does not exceed EUR 400.
• Repeat minor fraud (Art. 248 CP): an analogous regime; the applicable penalty is that of the basic offense, 6 months to 3 years in prison.
• Theft of mobile phones (Art. 235.1.10 CP): a new aggravated offense carrying 1 to 3 years in prison where the items stolen are mobile phones or other devices capable of containing personal data, whatever their value.
• Other measures: stronger precautionary measures against repeat offenders and standing for local councils to bring criminal proceedings in theft cases.

The practical consequence is clear: the "minor offense" label no longer guarantees that the penalty will stop at a fine. Expunged records, or records that should have been expunged, do not count, so the defense must always review the criminal record sheet: whether prior convictions are final, of the same nature and not eligible for expungement is now decisive.