Criminal Law Reforms

Toughens the criminal response to multi-recidivism. Introduces an aggravated form of petty theft (6-18 months' prison) when three prior convictions concur, a new aggravated theft of mobile phones and devices with personal data (Art. 235 CP, 1-3 years' prison), a specific offence of fuel transport or storage for refuelling drug-trafficking vessels ("petaqueo", Art. 568.2 CP, 3-5 years' prison), and amends the recidivism regime (Art. 22.8) and the suspension of sentence (Art. 80.2.1). In the Criminal Procedure Law it expands the precautionary measures of Art. 544 bis and the standing of local councils under Art. 105.3.

Comprehensive reform of the judicial organization with direct impact on criminal proceedings. Creates Courts of Instance, modifies the Criminal Procedure Law regarding appeals and criminal enforcement, and introduces mandatory digitalization of criminal judicial proceedings.

Strengthens the aggravating circumstance of discrimination based on sexual orientation and gender identity (art. 22.4 CP). Expands hate crimes under art. 510 CP to include sexual and gender identity as protected grounds.

Major reform of embezzlement offenses (arts. 432-435 CP), distinguishing between embezzlement with intent to profit and budget diversion. Repeals the offense of sedition and reforms aggravated public disorder crimes (art. 557 CP).

Strengthens the fight against fraud and counterfeiting of non-cash payment instruments (arts. 248-251 CP). Criminalizes new forms of cyber fraud, phishing, and fraudulent use of electronic payment instruments.

Known as the "Only Yes Means Yes" law. Comprehensive reform of Title VIII of the CP: eliminates the distinction between sexual abuse and assault, unifying both under "sexual aggression." Introduces express consent and criminalises sexual street harassment in the second paragraph of art. 173.4 CP.

Modifies the regulation of criminal organizations and groups (art. 570 bis CP) and treason offenses (art. 599 CP), increasing penalties for transnational organized crime.

Reforms article 510 of the Criminal Code to include apology for Francoism and any totalitarian regime as a form of hate crime. Strengthens criminal protection of victims of dictatorial regimes.

Introduces article 172 quater CP, which punishes anyone who, in order to obstruct the exercise of the right to voluntary termination of pregnancy, harasses a woman through annoying, offensive, intimidating or coercive acts that undermine her freedom, with 3 months to 1 year in prison or 31 to 80 days of community service. The same penalty applies to those who harass clinic staff. Prosecution does not require a prior complaint. The Constitutional Court upheld its constitutionality (Judgment 75/2024).

Reforms multiple CP articles to strengthen criminal protection of minors: extends statute of limitations for sexual offenses against minors, introduces pre-constituted evidence, creates new offenses for online instigation of minor suicide, and increases penalties for child pornography.

Repeals paragraph 3 of article 315 of the CP that criminalized coercion to strike. Decriminalizes informational pickets and pressure to support strike actions.

Modifies article 143 of the Criminal Code to decriminalize euthanasia and assisted suicide when legal requirements are met. Introduces a criminal liability exemption for healthcare professionals who provide lawful end-of-life assistance.

Reforms articles 361 bis and 362 quinquies of the CP regarding sports doping offenses. Increases penalties for dispensing, supplying, and administering doping substances, especially when the victim is a minor.

Modifies articles 142 and 152 CP to precisely define serious and less serious recklessness in driving. Creates new article 382 bis CP criminalizing hit-and-run with victims. Increases penalties for negligent homicide and injuries with vehicles.

The most comprehensive CP reform since 1995. Introduces reviewable life imprisonment for extremely serious crimes. Abolishes Book III on misdemeanors, converting some into minor offenses. Reforms corporate criminal liability (art. 31 bis). Modifies sentence suspension and substitution. Updates corruption, intellectual and industrial property offenses, and extended confiscation.

Reforms offenses against the Public Treasury and Social Security. Creates the aggravated tax fraud offense (Art. 305 bis CP) —amount over €600,000, organization, or use of opaque structures or territories, with 2 to 6 years in prison—, strengthens full and truthful tax regularization as a ground for exemption (Art. 305.4 CP), and introduces aggravated Social Security fraud (Art. 307 bis) and benefit fraud (Art. 307 ter). Adjusts corporate criminal liability (Art. 310 bis) and false accounting (Art. 433 bis).

Introduces corporate criminal liability in Spain for the first time (art. 31 bis CP). Creates human trafficking offenses (art. 177 bis) as an autonomous type. Criminalizes workplace and real estate harassment. Reforms computer crimes and intellectual property offenses. Introduces supervised release for sexual and terrorism offenses.

Establishes a term-based system for voluntary termination of pregnancy. On the criminal side, it reforms article 145 CP (abortion performed outside the cases permitted by law) and adds article 145 bis CP (abortion performed within the legal grounds but failing to meet requirements or safeguards). The woman is decriminalized within the term-based system. It was later reformed by Organic Law 1/2023.

Comprehensive reform of road safety offenses (arts. 379-385 CP). It criminalizes driving at grossly excessive speed (exceeding the limit by 60 km/h on urban roads or 80 km/h on interurban roads) and driving with a breath alcohol rate above 0.60 mg/l —1.2 g/l in blood— with no need to prove impaired driving. It criminalizes driving after losing all licence points or under judicial deprivation of the licence (art. 384 CP) and keeps the refusal to undergo alcohol and drug testing as a standalone offense (art. 383 CP). It entered into force on 2 December 2007, except for the second paragraph of art. 384, in force since 1 May 2008.

Substantial CP reform introducing the day-fine system, modifying the regulation of custodial sentences, and creating new offenses such as habitual domestic violence (art. 173.2). Reforms road safety offenses and introduces ancillary disqualification from parental authority.

Converts former misdemeanor domestic abuse into criminal offenses. Increases penalties for habitual violence and repeat minor offenses. Introduces criminal deportation of foreigners as a substitute for prison sentences under 6 years.

Historic criminal reform against gender-based violence. Increases penalties when the victim is or was the spouse or intimate partner of the aggressor (arts. 148, 153, 171, 172 CP). Creates Courts for Violence against Women. Introduces protection orders and specific criminal precautionary measures.

Introduces the "security period" (art. 36.2 CP): for sentences over 5 years, third-degree prison leave cannot be granted until half the sentence is served. Raises the maximum effective sentence limit to 40 years for terrorism and organized crime.

Establishes the criminal liability regime for minors aged 14 to 18. It replaces penalties with measures of a punitive-educational nature (custody, supervised release, community service, etc.), governed by the best interests of the minor. It assigns the investigation to the Public Prosecutor and the trial to the Juvenile Courts. Minors under 14 fall outside the criminal system and are referred to administrative protection.