Types of Penalties in Spain: Prison, Fines & Community Service

The Spanish Criminal Code (CP) sets out three main types of penalties. Knowing them means knowing what you are up against: our specialist criminal lawyers can help you with your case.

1. Custodial Penalties (Prison)

• Reviewable Permanent Imprisonment (prisión permanente revisable): The maximum penalty. Reserved for the most serious murders, genocide, and similar offences. Subject to review after 25 years.
• Prison: From 3 months to 20 years.
• Permanent Location Order (localización permanente): A form of "home arrest" used for minor offences. The offender must remain at home on certain days (e.g. weekends).

2. Fines (The Daily-Quota System)

In criminal law, the fine is not a fixed amount (as in traffic offences). It is calculated as: daily quota × number of days.

• Number of days: Depends on the seriousness of the offence (e.g. 6 months = 180 days).
• Daily quota: Depends on the offender's financial means (minimum EUR 2, maximum EUR 400 per day).

Example: A 6-month fine at EUR 5 per day = 180 days x EUR 5 = EUR 900 payable.

Warning: If you fail to pay, you go to prison (or to home arrest). One day in prison is served for every two unpaid daily quotas.

3. Penalties Restricting Rights

• Disqualification from employment (very common for public officials).
• Driving licence withdrawal (drink driving).
• Prohibition on possessing firearms.
• Restraining orders.
• Community Service (Trabajos en Beneficio de la Comunidad, TBC): Unpaid work for NGOs or local councils. Requires the offender's consent. A good alternative to a short prison term or to a fine when there are no funds to pay it.