Bills amending the Criminal Code on repeat offending in theft and fraud
File 122/000091 · 124/000037 · tabled on April 18, 2024
What it proposes
To reorganise how multiple recidivism in theft and fraud is treated: the general aggravating factor, the sentencing rule, suspension of sentence and the aggravated offences. Two files carry virtually the same text, one from Congress and one sent by the Senate.
Parliamentary stage
- Current stage
- Justice Committee — amendments stage
- Checked on
- File number
- 122/000091 · 124/000037
The stage shown is the one recorded in the Congress open data on the date indicated. A bill in progress is not law: until it is eventually published in the official state gazette, the text in force set out below applies.
What would change, section by section
On the left, the text in force checked against the consolidated version; on the right, what the tabled text says.
Arts. 22.8.ª, 66.1.5.ª y 80.2.1.ª CP
Text in force
After the reform introduced by Organic Law 1/2026 these three provisions already address multiple recidivism: the aggravating factor excludes previous minor offences except where an aggravated recidivism offence applies, rule 5 allows a one-band increase after three prior convictions under the same title and of the same nature, and the “first-time offender” condition in section 80 takes account of minor offences forming part of an aggravated recidivism offence.
Text as tabled
The 2024 text proposed exactly that wording, which in substance already matches the law in force. The only material difference left is a nuance in rule 5 of section 66, which would expressly cross-refer to the aggravated recidivism offences for minor offences.
Art. 234.2 CP
Text in force
A one to three month fine for theft up to 400 euros, with a paragraph imposing the subsection 1 penalty —six to eighteen months’ imprisonment— where the offender has at least three previous convictions of the same nature under the same title, at least one of them minor.
Text as tabled
That recidivism paragraph would be removed from section 234.2, leaving only the fine and the reference to section 235, since the case would move to section 235.1.7.
Art. 235.1.7.º CP
Text in force
Aggravated theft, punishable by one to three years, where the offender had been convicted of at least three less serious or serious offences under the same title and of the same nature. Point 10 already aggravates the theft of mobile phones and other devices holding personal data.
Text as tabled
A paragraph would impose the lower penalty band where the three previous offences are minor, or a mix of minor with less serious or serious ones, plus a point 10 covering electronic devices capable of holding personal data.
Art. 250.1.8.º CP
Text in force
Aggravated fraud, punishable by one to six years and a six to twelve month fine, where the offender had at least three previous convictions for less serious or serious offences under the same chapter and of the same nature.
Text as tabled
It would refer to three offences under the same chapter without requiring them to be less serious or serious, and a paragraph would provide that, where both the previous convictions and the offence being tried are minor, the penalty in the first paragraph of the preceding section applies regardless of the amount defrauded.
Who it affects
Theft and fraud cases with accumulated previous convictions. These two files should be read alongside Organic Law 1/2026, already in force: much of what they proposed was enacted through that route and what remains are points of detail.
Related pages
Source: the text published in the official parliamentary gazette and the Congress of Deputies open data on legislative initiatives. Informational content; it does not replace the study of a specific case.
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