Criminal-law developments —legislative reforms, case law and sectoral updates— with a summary of each and a link to the in-depth analysis.
Sexual offences
Closeness in age and maturity: two September rulings mark out the reach of the Art. 183 bis CP exception
The Provincial Court of Cantabria has acquitted a young adult who had consensual sexual relations with a girl under sixteen, finding ‘an evident closeness in age and degree of development or maturity’ between them. Pointing the other way, the High Court of Justice of Navarre has upheld a ten-year prison sentence for a twenty-year-old who posed as a fifteen-year-old to approach a girl of that age: the deception, the age gap and the superiority revealed by his messages ruled out free consent. The published analysis explains how courts assess the exception and what role a mistake about age can play.
Looking up an acquaintance’s medical record without a clinical reason: two September convictions of nursing staff
September brought two convictions for discovery and disclosure of secrets committed by a public official, against nurses at public hospitals who opened, with no clinical justification, the records of a former partner and of a work colleague. The High Court of Justice of Navarre upheld a sentence of two years and six months in prison, a fine and compensation; the Provincial Court of Badajoz imposed 15 and 19 months in prison and three years’ disqualification, applying the highly qualified mitigating circumstance of making good the harm. The published analysis explains when access falls under Art. 197.2 CP, why Art. 198 CP increases the penalty for public employees and what room the harm requirement leaves for the defence.
Gathering and praying outside a clinic is not enough on its own for the Art. 172 quater CP offence, the Provincial Court of Álava rules
The Provincial Court of Álava has upheld the acquittal of twenty-one people who gathered outside a clinic providing voluntary terminations of pregnancy, praying in a way that could not be heard from the clinic and holding small signs of support for women. The court dismissed the prosecution appeals: Art. 172 quater CP punishes harassment through annoying, offensive, intimidating or coercive acts that undermine a woman’s freedom, and the conduct on trial did not reach that level. The judgment can still be appealed in cassation. The published analysis reviews the elements of the offence, its penalties and the lines of defence.
Organic Law 1/2025 moves the ban on mediation in violence-against-women cases to Art. 89.9 LOPJ
The reorganisation of the courts into Tribunales de Instancia repealed Art. 87 ter LOPJ, which is where the ban on mediation in violence-against-women cases used to sit. The ban did not disappear: it moved, with updated wording, to Art. 89.9 LOPJ. The published analysis also sets out what victim-offender mediation does achieve in other cases: the mitigating circumstance of making good the harm, a condition attached to a suspended sentence under Art. 84.1.1 CP and, in juvenile proceedings, discontinuance of the file.
Consolidating sentences and the maximum term: what is decided once the judgment is final
The enforcement stage carries decisions that weigh as much as the verdict: calculating the term to be served and crediting pre-trial detention, suspension and its conditions, consolidation of sentences and the maximum term under Art. 76 CP through the Art. 988 LECrim route, and the amount of civil liability when the judgment only set the basis for it. The analysis walks through Arts. 983 to 998 LECrim and the incidents that arise during enforcement.
Installing a monitoring app on a partner’s phone falls under Art. 197 CP
Location and monitoring apps are marketed as family-safety tools, yet installing one on someone else’s phone without their consent is an offence against privacy punishable by one to four years in prison. The published analysis sets out which conduct is caught, when the penalty is aggravated and what happens to evidence obtained that way.
The Supreme Court holds that not every transfer of unlawfully obtained money amounts to money laundering
Judgment 123/2026 of 12 February, from the Second Chamber, upholds a conviction for documentary forgery in medial concurrence with fraud and for money laundering, but draws the boundaries of Art. 301 CP: what defines the offence is the purpose of concealing or disguising the origin of the assets, not the movement of money in itself. The in-house analysis applies that test to the situation seen most often in practice, that of the front man who lends his name to accounts, assets or companies.
Repeat offending under Organic Law 1/2026 is already felt in fast-track shoplifting trials
Since Organic Law 1/2026, a defendant with at least three enforceable convictions for offences of the same kind may see a minor theft punished with the penalty of the basic offence under Art. 234 CP. The published analysis explains when shoplifting is a minor offence and when it is not, how the fast-track procedure runs and how much room the guilty plea under Art. 801 LECrim really leaves.
The Supreme Court Plenary upholds coercion for cutting off a spouse's electricity in the family home and points to a different answer for squatters
Judgment 426/2026 of 24 June, issued by the Plenary of the Second Chamber, settles a question that divided the provincial courts: it upholds a conviction for coercion (art. 172 CP) in the context of gender-based violence against a man who, without notice, cancelled the electricity of the family home where his wife still lived after the separation, in order to force her out. It adds that the criterion does not automatically extend to every cut in supplies and that, as regards someone occupying the property with no right or title whatsoever, the answer would possibly be different: the circumstances advise against punishing the holder who cancels the utilities. We analyse what an owner can lawfully do in our guide on coercion and occupation.
The Supreme Court interprets the LO 1/2026 repeat-offending reform for the first time
STS 352/2026 of 20 May sets the first criteria on the reform that toughened the criminal response to repeated theft: art. 234.2 CP allows convictions for minor and less serious offences to be counted, whereas the hyper-aggravation of art. 235.1.7 only counts less serious or serious offences; and final convictions predating the reform count where the new offence is committed after 10 April 2026. We review all the changes in our analysis of LO 1/2026.
The Supreme Court reiterates: it is not enough to «believe» there is consent in sexual offences
A recent judgment of the Second Chamber of the Supreme Court (appeal 7883/2023, of 24 June 2026) reinforces the affirmative-consent model introduced by LO 10/2022: it is not enough for the perpetrator to «believe» there is consent; they must be certain, in the circumstances, that the other person consents to the specific act — consent that is free, revocable and assessed act by act. We review how this doctrine affects the evidence and the defence in light of the presumption of innocence.
Recidivism must be proved by the prosecution: the Supreme Court curbs presumptions against the accused
The Second Chamber of the Supreme Court (appeal 3878/2023, of 24 June 2026) recalls that the aggravating factor of recidivism requires the prosecution to prove all of its requirements —finality, nature of the offence, penalty and, above all, the dates on which the earlier penalties were served— and that it cannot be presumed against the accused that the prior record still subsists. A doctrine that is especially relevant after the tightening of repeat-offending rules by LO 1/2026, which we analyse in detail.
Gender violence without cohabitation: the Supreme Court clarifies what an «analogous affective relationship» is
A judgment of 30 June 2026 (appeal 6906/2023) clarifies that the relationship analogous to marriage in art. 23 CP «even without cohabitation» does not require settled stability, formalisation, fidelity or a shared life plan: an intimate sentimental relationship going beyond simple friendship suffices, and a short relationship may be enough if it shows intensity, frequency, intimacy or a connection with dynamics of jealousy or domination. Classification as gender violence turns on this requirement, which is decisive for the defence.
Extending a restraining order to the children requires an objective, well-founded risk, not a hypothetical one
In a case of serious threats and degrading treatment in the context of gender violence, the Supreme Court (judgment of 4 June 2026, appeal 7337/2023) recalls that extending the no-approach prohibition to minor children requires "an objective, specific and well-founded risk, not a merely hypothetical one", while underlining the preventive function of these penalties against vicarious violence. We explain the scope, duration and effects of these prohibitions in our restraining-order guide.
New LECrim: prosecutor-led investigations still have no date
The draft new Criminal Procedure Act hands the criminal investigation to the public prosecutor under the oversight of a judge of guarantees, but it is still before Parliament and, until it is published in the BOE, it has no date of entry into force; proceedings already under way would continue under the current LECrim. We analyse what would change and how it would affect pending cases.
Precautionary measures: Organic Law 1/2026 amends Art. 544 bis LECrim
The reform introduced by Organic Law 1/2026 amends Art. 544 bis LECrim to add preventing re-offending as an express purpose. For breaches, the provision has provided since 2003 for the Art. 505 hearing to consider pre-trial detention, the Art. 544 ter protection order or another more restrictive measure. We review the current regime, the deadlines for challenging the measure and the keys to contesting it for lack of evidence, purpose or proportionality.
Pre-trial detention: the Supreme Court reinforces its last-resort nature
Recent Supreme Court case law and prosecutorial doctrine consolidate the rights-based approach: pre-trial detention is only available where there is solid evidence and a specific procedural risk that cannot be averted by less intrusive measures. In an era of widespread electronic monitoring, finding a flight risk requires reinforced reasoning, which opens defence avenues to secure provisional release.
Prison crisis: overcrowding shapes the defence at the enforcement stage
In 2026 the prison system faces a critical situation of structural overcrowding and a shortage of officers, with growing pressure on prison benefits after the latest reforms. The analysis reviews how this affects classification in open regime (third degree), release on licence under Art. 90 CP and the defence avenues based on ECtHR doctrine on dignity and conditions of detention.
Criminal cassation: which grounds have real prospects before the Supreme Court
The cassation appeal is the last technical opportunity to overturn a conviction upheld on appeal. The grounds are exhaustively listed —error of law and procedural defects under Arts. 849 and 851 LECrim and breach of fundamental rights under Art. 852—, the deadline to give notice of the appeal is only five days and, since Law 41/2015, cassational interest governs admission. Strategy means ranking the grounds, not piling them up.
Spain’s data protection agency: creating an AI nude from a real photo is itself processing of personal data
In file EXP202314956, the Spanish Data Protection Agency (AEPD) holds that taking an image a person had uploaded to a social network, manipulating it with an AI tool to depict the person nude (a deepnude), and sharing it via messaging amounts to processing of personal data under the GDPR, with the person doing so acting as the data controller (Art. 4.7 GDPR) because they determine the purposes and means. The case, between minors, ran on two parallel tracks: a juvenile court, which ended in conciliation, and the AEPD itself. The Agency archived the procedure without a sanction, finding the punitive aim had already been met through the court, but set a precedent: the harm lies not only in the image going viral but in the unlawful processing of the image itself.
The EU agrees to toughen child sexual abuse offences, raise penalties and extend limitation periods to 32 years
On 22 June 2026 the European Parliament and the Council of the EU reached a provisional political agreement —still pending formal approval by both institutions— to revise the directive on the sexual abuse and exploitation of minors. It broadens the list of offences (using AI to generate abuse material, livestreaming, sextortion and grooming), raises maximum penalties and extends limitation periods to 32 years from the victim’s age of majority for the gravest crimes, and 20 and 15 years for the rest. Once adopted, member states will have three years to transpose it into national law.
Sexual deepfakes: how the Criminal Code prosecutes them
There is no specific «sexual deepfake» offence: such conduct is prosecuted through crimes against moral integrity, privacy and honour and, where the victim is a minor, as virtual child pornography (Arts. 189 and 197 CP). The analysis covers the legal classification and the digital-forensic lines of defence.
The Supreme Court awards €2.5M for judicial error to a man who spent nearly 18 years in prison for two rapes of which he was acquitted
In a ruling of 18 June 2026, the Fifth Section of the Supreme Court’s Administrative Litigation Chamber found a qualified and unequivocal judicial error and set compensation at 2,500,000 euros (out of the 3,645,000 claimed) under the State’s patrimonial liability for the functioning of the administration of justice (Article 121 of the Constitution and Article 293 of the Organic Law of the Judiciary). The claimant served nearly 18 years in prison for two rape offences of which he was acquitted when the Criminal Chamber reviewed his case: the trial court had failed to assess an admitted, unchallenged biological expert report whose DNA result was incompatible with his authorship, with the conviction resting decisively on the victim’s identifying testimony.
MiCA: the transitional period for exchanges ended on 1 July 2026
On 1 July 2026 the MiCA Regulation’s transitional period came to an end: since that date only crypto-asset service providers (CASPs) authorised by the CNMV or another EU authority may operate. Using unlicensed platforms may create liability and complicates the recovery of deposited funds.
Compliance and the burden of proof: the Supreme Court vs the Public Prosecutor
Since 2016 the Second Chamber of the Supreme Court has required the prosecution to prove the legal person's organisational defect, whereas the State Prosecutor's Circular 1/2016 places on the company the burden of proving that its prevention model was effective. We explain what this means for the evidentiary strategy of a company under investigation.
When an autonomous AI agent causes harm or carries out criminal conduct, criminal liability is allocated among developer, deployer and user according to control and foreseeability. We analyse the attribution criteria within the current criminal-law framework.
Organic Law 1/2025: Courts of Instance and digitalised proceedings
Organic Law 1/2025 on the efficiency of the Public Justice Service reorganises the court structure through the new Courts of Instance and reinforces the digitalisation of proceedings. On the criminal side it affects the appeals regime and enforcement, with practical consequences for how cases are processed.
Spain’s Supreme Court sets out 42 criteria for trying gender-based and sexual violence with a gender perspective
In judgment 308/2026 of 29 April, the Criminal Chamber of Spain’s Supreme Court sets out a judicial reference manual for trying gender-based and sexual violence. It is organised in three blocks: 28 criteria for identifying and describing gender-based violence in the proven facts, 7 on the consequences of victimisation for women, and 7 on what applying a gender perspective actually means. The doctrine is laid down while dismissing the cassation appeal of a man convicted of habitual abuse, sexual assault and threats against his partner.
Organic Law 1/2026: repeat offending, phone theft and fuel supply
Organic Law 1/2026, in force since 10 April, toughens the criminal response to repeat offending: it creates an aggravated theft offence where three prior convictions concur, aggravates the theft of phones and devices holding personal data (Art. 235 CP) and criminalises fuel supply to drug-trafficking vessels («petaqueo», Art. 568.2 CP). It also amends the recidivism regime (Art. 22.8) and the suspension of sentences.
The «only yes means yes» law: what has changed in sexual offences
The «only yes means yes» law (Organic Law 10/2022) reorganised sexual offences around consent and merged assault and abuse. We review the later legislative adjustments, the renumbering of Articles 178 et seq. CP and the 2024-2026 case law.
Drink-driving: the breathalyser’s error margin as a defence
In fast-track drink-driving trials, challenging the calibration and error margin of the breathalyser is a defence avenue against readings close to the criminal threshold of Art. 379.2 CP. Securing legal assistance from the outset is decisive to preserve that challenge.
Cybercrime 2026: the era of AI-driven cognitive attacks
Digital crime in 2026 shifts from attacking systems to the «cognitive attack»: AI-driven social engineering at scale —cloned voice, video and images— to impersonate and defraud. The analysis reviews the applicable offences and the keys to defence and prevention.
Compliance 2026: algorithmic auditing and high-risk AI
The EU AI Act creates no criminal offences, but from 2 December 2027 it subjects high-risk systems, such as hiring and credit-scoring algorithms, to human oversight. A discriminatory bias maintained after an administrative requirement or sanction may amount to the offence in Art. 314 CP. We review what is worth auditing.
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