Statute of Limitations for Crimes in Spain (Deadlines 2026)

The statute of limitations in criminal law is one of the most important institutions in our legal system. It means that, once a certain amount of time has passed without the State acting against the offender, the offense "expires" and can no longer be punished. As criminal lawyers experienced in limitation periods, this is one of the procedural mechanisms we examine in every case. In 2026, the deadlines remain in force under the current Spanish Criminal Code (CP).

What Is the Statute of Limitations for a Criminal Offense?

It is the extinction of criminal liability through the passage of time. It rests on two principles:

• Legal certainty: Nobody should live indefinitely under the threat of being prosecuted for acts in the distant past.
• Purpose of punishment: Punishing something that happened 20 years ago, when the person has already reintegrated into society, makes no rehabilitative sense.

It is governed by Articles 130 to 135 of the Spanish Criminal Code (CP).

Limitation Periods (Art. 131 CP)

The time required for an offense to become time-barred depends on the severity of the maximum penalty provided in the abstract for that offense (not the penalty the prosecutor will actually request, but the maximum set out in the Spanish Criminal Code).

For acts committed TODAY (under the current Spanish Criminal Code):

• 20 YEARS: Offenses carrying a maximum prison sentence of 15 years or more (e.g. murder).
• 15 YEARS: Offenses carrying disqualification of over 10 years, or imprisonment of 10 to 15 years.
• 10 YEARS: Offenses carrying imprisonment of 5 to 10 years (e.g. serious tax offenses, aggravated fraud).
• 5 YEARS: Most common offenses (imprisonment up to 5 years). E.g. burglary with force, bodily harm, basic fraud, drug trafficking (non-serious harm).
• 1 YEAR: Minor offenses (minor threats, minor theft) and libel and slander offenses.

When Does the Clock Start Running?

The general rule is: from the day the offense was committed.

Important exceptions:

• Continuing offenses: From the day on which the last infringement took place (e.g. an employee who steals money from the till every day for a year; the clock starts on the last day).
• Permanent offenses: From the moment the unlawful situation comes to an end (e.g. unlawful detention; the clock starts when the victim is released).
• Minor victims: For serious offenses (sexual offenses, homicide, bodily harm), the period does NOT begin to run until the victim turns 35 years old (the Rhodes Act). Previously it was 18. This means such offenses almost never become time-barred in practice.

How Is the Limitation Period Interrupted?

The clock "resets" (goes back to zero) when judicial proceedings are directed against the offender. This is the most complex and litigated area.

Acts that interrupt the period:

• Filing a private criminal complaint (querella) or police complaint that the court admits.
• Court summons to give a statement as a person under investigation.
• Any reasoned judicial decision attributing the offense to a specific person (committal order, abbreviated proceedings order).

Acts that do NOT interrupt (according to Spanish Supreme Court case law):

• Police inquiries without judicial involvement.
• Purely "procedural" decisions with no substantive content.
• Periods during which the case sits "paralyzed" in court without justification.

Common Practical Examples

1. Burglary with Force (Art. 240 CP)

• Penalty: 1 to 3 years in prison.
• Limitation period: 5 years.
• Example: You burgled a house in 2018. If in 2024 you are identified through fingerprints, the offense is time-barred.

2. Tax Offense (Art. 305 CP)

• Penalty: 1 to 5 years in prison.
• Limitation period: 5 years.
• Caveat: If it is aggravated (Art. 305 bis), the penalty rises to 6 years and the limitation period to 10 years.

3. Minor Bodily Harm (Art. 147.2 CP)

• Penalty: Fine of 1 to 3 months.
• Limitation period: 1 year.
• Example: A bar fight. If it takes more than a year to locate and summon you, the offense is time-barred.

Offenses That NEVER Become Time-Barred

Some crimes are so serious that the State never gives up prosecuting them (Art. 131.3 CP):

• Crimes against humanity and genocide.
• Offenses against protected persons and property in armed conflict.
• Terrorism (if it caused a person's death).

For these offenses, you can be prosecuted even 50 years later.

Defense Strategy: The Statute of Limitations as a Weapon

The court does not apply the statute of limitations "just because". It has to be invoked, proven and fought for. As defense lawyers we:

1. Analyse the exact date of the events.
2. Review every page of the case file for periods when the case was "paralyzed".
3. Calculate whether the applicable penalty triggers a shorter limitation period.
4. Raise the statute of limitations as a preliminary objection (artículo de previo pronunciamiento) so the case can be dismissed without going to trial.