Criminal Law Glossary

Personal circumstance exempting the perpetrator from punishment despite the existence of the crime. Example: voluntary tax regularization.

Crime committed by a public official who, taking advantage of their position, performs arbitrary acts against citizens' legally recognized rights.

Sanction that mandatorily accompanies the main penalty. Example: special disqualification from public employment is accessory to prison sentences exceeding 10 years.

Procedural guarantee requiring formal accusation and prohibiting conviction for different facts or crimes.

A judicial decision declaring the innocence of the accused when their participation in the events has not been proven or when grounds for exemption from criminal liability exist.

Judicial resolution declaring the innocence of the accused and their free acquittal from all charges.

Form of extradition in which Spain, as the requesting State, asks another country to surrender a person prosecuted or convicted by Spanish courts. It is governed by Arts. 824 et seq. LECrim and processed through diplomatic channels at the proposal of the judicial authority.

A circumstance that increases the severity of the penalty. Examples: treachery, cruelty, abuse of superiority, recidivism, or discrimination.

The will or intention to kill. An essential subjective element to differentiate homicide (intentional) from injuries, even if they result in death.

Ordinary remedy allowing challenge of a judicial resolution before the hierarchically superior court for errors of fact or law.

Judicial summons issued to locate and arrest an investigated or convicted person declared in default (Arts. 835 et seq. LECrim). It is the domestic instrument of the search and capture order; internationally it operates through the European Arrest Warrant or extradition.

A punishable insolvency offense consisting of hiding, transferring, or damaging one's own assets to evade payment of debts to creditors.

Incomplete execution of a crime. The perpetrator begins execution through external acts but fails to consummate the result due to causes independent of their will. Penalty is reduced by one or two degrees.

Degree of execution where the perpetrator performs all executive acts but the result does not occur due to external causes.

Economic security that the judge may require from the accused as a condition for maintaining provisional liberty during the criminal process. Guarantees court appearance.

Crime under Art. 468 CP punishing anyone who breaches their sentence, security measure, imprisonment, precautionary measure, or custody. It includes breaching restraining orders, punished with 6 months to 1 year of imprisonment when the protected person is a victim of gender-based or domestic violence.

Corruption crime that punishes the public official who solicits or accepts gifts in exchange for performing an act proper to their office (passive bribery) and those who offer them (active bribery).

Decision by the investigating judge not to continue the criminal investigation, usually due to lack of evidence of a crime or known perpetrator. Does not produce res judicata effect.

Extraordinary appeal before the Supreme Court to unify jurisprudential doctrine. Only for infringement of law, not review of facts.

Obligation of the convicted person to compensate the victim for damages caused by the crime. Determined in the criminal sentence itself.

Crime against liberty consisting of preventing another from doing what the law allows or compelling them to do what they do not want (Art. 172 CP).

Circumstance that completely eliminates the criminal liability of the perpetrator. Complete defenses under Art. 20 CP include: mental disorder, full intoxication, self-defense, and state of necessity.

Crime of deleting, damaging, or making inaccessible another's electronic data or programs (Art. 264 CP). Includes DDoS and ransomware.

Crime punishing anyone who, knowing of a crime, aids those responsible to evade justice or benefits from the product of the crime.

Situation where a person commits multiple crimes (real concurrence) or a single act constitutes two or more infractions (ideal concurrence). Affects total penalty computation.

Last degree of prison sentence fulfillment. Allows the convict to serve the remainder in freedom under surveillance, provided legal requirements are met (good conduct, favorable prognosis).

Accessory consequence involving seizure of instruments, proceeds, and profits derived from a crime.

Investigative procedure confronting two persons whose statements are contradictory to clarify the truth.

Appeal before the Constitutional Court for protection of fundamental rights when all ordinary remedies are exhausted.

Criminal infraction committed through a plurality of actions or omissions responding to a preconceived plan and violating the same criminal provision.

Final judicial resolution declaring the guilt of the accused and imposing a penalty. Can only be issued when guilt has been proven beyond reasonable doubt.

Criminal offenses within a commercial company: falsification of accounts, abusive agreements, and denial of shareholder rights.

Since 2010, companies can be criminally liable for crimes committed by their directors or employees for corporate benefit. Penalties include multi-million fines or dissolution.

Crime punishing sexual exploitation of minors: child prostitution, pornography, exhibitionism.

Expenses arising from criminal proceedings (defence, legal representation and expert reports). If the accused is acquitted, costs are generally declared ex officio.

The right to bring to a judge's attention the commission of a criminal offense, requesting investigation of the facts and punishment of the perpetrator.

Crime punishing the constitution, financing, or membership of associations whose purpose constitutes a criminal offense.

Ability to understand the unlawfulness of an act and act accordingly. Children under 14 and persons with full mental disorders are not responsible.

Formal procedural act whereby a person constitutes themselves as a prosecuting party before a court, initiating criminal proceedings against a specific person for acts constituting a crime.

Organizational and management model for crime prevention within a company. Its effective existence can exempt the legal entity from criminal liability (Art. 31 bis CP).

Pecuniary penalty calculated by day-fine system: number of days (severity) × daily rate (economic capacity, €2-€400/day).

Voluntary dialogue process between victim and offender facilitated by a neutral mediator.

Official registry of a person's final convictions. Its existence can aggravate future penalties (recidivism) and limit access to certain jobs.

Notification to the police, the prosecutor, or the court of facts that may constitute a crime. It requires no lawyer or court representative, and the reporting person does not become a party to the proceedings, unlike with a criminal complaint (querella).

Legal description of prohibited and criminally sanctioned conduct. Each article of the Criminal Code defining a crime constitutes a criminal type (e.g., Art. 248 CP defines the type of fraud).

Typical and unlawful conduct. The objective element of crime analyzed before culpability.

Criminal sanction involving confinement in a penitentiary center: imprisonment (3 months to 20 years).

Crimes committed through computer or telematic means: online fraud, hacking, phishing, malware distribution, digital identity theft.

Right of access, rectification, and cancellation of personal data. Violation may constitute a crime against privacy.

Decision by a court to transfer a matter to another body it considers competent.

Judicial resolution that definitively ends criminal proceedings, equivalent to an early acquittal. Has res judicata effect: the same facts cannot be reinvestigated.

Latin expression for the starting day when a time limit begins to run. For the statute of limitations it is the day the offense was committed (Art. 132 CP), with special rules: for sexual offenses against minors, the period runs from the day the victim turns 35 (LO 8/2021).

The perpetrator knows the elements of the criminal type and wants to carry them out. First degree (pursues result) and second degree (necessary consequence).

Crime against privacy involving discovery or disclosure of secrets through seizure of documents or access to reserved data.

Crime punishing anyone who openly refuses to obey an authority's order issued within their competence.

Crime punishing alteration of public, official, or commercial documents simulating authenticity (Arts. 390-399 CP).

Crime against public health punishing cultivation, manufacture, trafficking, and possession for distribution of narcotics.

Crime committed by an authority or public official who diverts public funds or assets in their charge by reason of their functions to personal or third-party uses.

Criminal type not requiring a harmful result but the mere creation of risk. Example: drunk driving (Art. 379 CP).

Offense punishing actions causing substantial damage to natural systems: spills, emissions, waste (Art. 325 CP).

Erroneous belief that the conduct performed is lawful. If invincible, exempts from liability; if vincible, reduces the penalty by one or two degrees.

Ignorance or error about any of the elements of the criminal type (e.g., believing an object is not someone else's). If invincible, excludes liability; if vincible, punished as negligence.

Simplified surrender mechanism between EU Member States replacing traditional extradition.

A modality of intent where the perpetrator, without directly desiring the harmful result, accepts it as a possible consequence of their action and acts assuming that risk. Border with conscious negligence.

Means of proof consisting of an expert's opinion on matters requiring specialized knowledge.

International legal cooperation procedure whereby one State surrenders a person claimed by another to be tried or serve a sentence for crimes committed in the requesting State.

Not attending a court summons. If the accused, an arrest warrant may be issued. If a witness, they may be fined.

Crime punishing anyone who does not help a person in manifest and serious danger (Art. 195 CP).

Crime punishing anyone who falsely attributes criminal acts to another person, causing the justice system to act.

Accelerated criminal procedure for flagrant crimes or those with simple investigation, allowing the oral trial within 15 days of detention.

Judicial resolution against which no ordinary appeal is possible. Produces res judicata effect: the facts cannot be tried again.

A crime being committed or just committed when the offender is caught. Allows immediate detention without a court order.

Property crime requiring sufficient deceit as an essential element to induce the victim into a prejudicial act of disposition (Art. 248 CP).

All physical or psychological violence exercised against women by a current or former spouse or partner. Governed by LO 1/2004 and carries important procedural consequences.

Contacting a child under 16 through the internet or other technologies, together with material acts of approach, in order to commit sexual offenses against them (Art. 183 CP after LO 10/2022). Deceiving the child into providing or showing pornographic material is also punished.

Fundamental right allowing any illegally detained person to request immediate placement before a judicial authority. It is a summary procedure for the protection of individual liberty.

Criminal offense motivated by discrimination based on race, religion, sexual orientation, gender identity, or disability (Art. 510 CP).

Crime consisting of causing the death of another person. Distinguished between intentional (doloso) and negligent. Murder is the aggravated form due to treachery, cruelty, or reward.

Crime punishing recruitment, transport, or housing of persons for exploitation through violence, deception, or abuse.

Crime of assuming another person's identity to exercise rights belonging to them, causing them harm.

Evidence obtained violating fundamental rights. Null and cannot support a conviction, directly or indirectly.

Resolution specific to the ordinary procedure (sumario) whereby the Investigating Judge formally indicts a person upon finding rational indications of criminality against them (Art. 384 LECrim). It formalizes the accusation in proceedings for serious crimes.

Crime against honor consisting of an action or expression that injures another person's dignity, damaging their reputation or undermining their self-esteem.

Conscious and deliberate will to commit a criminal act. The perpetrator knows the elements of the criminal type and wants to carry them out. Opposed to negligence.

Investigative measure allowing listening to and recording telephone or telematic conversations. Requires judicial authorization.

Phase of criminal proceedings directed by the Investigating Judge whose objective is to investigate the facts, identify the perpetrator, and gather evidence to decide whether oral trial proceeds.

Time limit for the investigation phase: 12 months (simple) or 18 months (complex), extendable.

Procedural prerogative attached to certain offices whereby the investigation and trial of their holders (members of Parliament, Government members, judges, and prosecutors) is assigned to a higher court, such as the Second Chamber of the Supreme Court or the High Courts of Justice.

Circumstance that eliminates the unlawfulness of the conduct, making a typical act lawful. Includes self-defense, necessity, and fulfillment of a duty.

Those over 14 and under 18 are criminally responsible under LO 5/2000 (juvenile law). Measures are educational.

Illegal detention conditioned on fulfillment of a demand for the victim's release (Art. 164 CP). 6 to 10 years imprisonment.

Absence of fit of conduct within a specific criminal type. If facts do not match the legal description, acquittal proceeds.

Aggravated form of fraud affecting a generality of persons (more than 5 victims or diffuse harm).

Criminal infraction of lesser gravity (formerly called 'falta'). Penalties are fines, community service, or permanent localization. Prescribes in one year.

A crime consisting of incorporating into your assets money, effects, or securities received in deposit, commission, or custody with the obligation to return them (Art. 253 CP).

Crime committed by an authority or public official who knowingly issues an arbitrary and unjust resolution (Art. 404 CP). Called prevaricación in Spanish; rendered here as misconduct in office, because the English cognate 'prevarication' means evasive speech and not this offence.

A circumstance that reduces the penalty. The most relevant: confession, reparation of damage, undue delays, drug addiction, sudden passion, and temporary insanity.

Modifying circumstance that can mitigate or aggravate the penalty depending on the nature of the crime when a family relationship exists.

Crime that punishes the acquisition, possession, use, or transmission of assets knowing their origin is a criminal activity (Art. 301 CP).

Person who lends their bank account to receive funds of fraudulent origin and forward them to third parties in exchange for a commission. Case law punishes this conduct, depending on the circumstances, as fraud or as money laundering —even negligent laundering—, even if the mule claims not to know the illicit origin of the funds.

Form of criminal participation where the cooperator performs an act without which the crime could not have been executed.

Form of culpability where the perpetrator does not desire the harmful result but causes it through lack of due diligence. Distinguished between gross negligence (crime) and less serious (minor offense).

Fundamental principle prohibiting sanctioning or trying a person twice for the same facts. Has constitutional rank and applies in both criminal and administrative spheres.

Crime punishing anyone who destroys or hides evidence to impede the justice system.

Third penitentiary grade allowing the inmate to live outside the center during the day or permanently with electronic monitoring.

Judicial resolution that ends the investigation phase and orders the holding of oral trial against the accused, establishing the facts and crimes to be tried.

Investigation phase of the ordinary procedure, reserved for crimes punishable by more than 9 years of imprisonment. It comprises the actions aimed at preparing the trial and establishing the commission of the crime and the culpability of the alleged perpetrators (Art. 299 LECrim).

Measure of grace granted by the Government (Council of Ministers) that forgives totally or partially the penalty imposed by a final sentence. Does not eliminate criminal records.

Form of extradition in which a foreign State asks Spain to surrender a person located on Spanish territory. It is governed by treaties and, failing that, by Law 4/1985, with a judicial phase before the Audiencia Nacional and a final decision by the Government, which may refuse surrender even where the court has declared it admissible.

Cyber fraud technique consisting of impersonating banks, companies, or public bodies through fake emails, SMS, or websites to obtain the victim's credentials or banking data and make unauthorized transfers. It is punished as fraud under Art. 249.1.a CP.

Agreement between defense and prosecution on facts, legal classification, and penalty, avoiding the oral trial. Equivalent to the Anglo-Saxon 'plea bargain'.

Oral or written presentation of each party's legal arguments. Final pleadings are made at the conclusion of evidence in the oral trial.

Document where law enforcement officers record proceedings carried out after learning of a crime. Has the value of a complaint.

Tribunal composed of 9 lay citizens deciding on guilt in certain serious crimes.

Exercise of the criminal action by citizens who were not offended or harmed by the crime, provided for in Art. 125 of the Spanish Constitution and Art. 101 LECrim. It is brought through a criminal complaint (querella) and the court may require a bond. It is a distinctive institution of Spanish criminal procedure.

Evidence taken during the investigation with full adversarial safeguards and recorded for playback at trial, preventing the loss of the source of evidence or repeated testimony by the victim. After LO 8/2021 it is generally mandatory for witnesses under 14 and for persons with disabilities in need of special protection.

Restriction imposed by the judge on the investigated person during proceedings to ensure the effectiveness of the sentence. Most frequent: provisional imprisonment, travel ban, passport withdrawal.

Investigation phase of the abbreviated procedure (Arts. 774 et seq. LECrim). The Investigating Judge carries out the essential steps to determine the nature of the facts and the persons involved, before deciding whether to continue, transform, or close the case.

Fundamental right (Art. 24 CE) whereby every person is innocent until proven guilty by a final sentence. The burden of proof lies with the prosecution.

Precautionary deprivation of liberty by Security Forces. Cannot last more than 72 hours, after which the person must be brought before a judge or released.

Constitutional guarantee (Art. 25 CE): no one may be convicted for acts that did not constitute a crime at the time.

Criminal Law should act only as a last resort (ultima ratio) when other legal mechanisms are insufficient.

Constitutional requirement that the penalty be proportionate to the gravity of the act committed.

Legal mechanism allowing reduction of effective sentence time or earlier access to open regime and conditional release.

Temporary release from prison as preparation for life in freedom. Ordinary leave requires classification in second or third grade, having served a quarter of the sentence, and no record of bad conduct; it may reach 36 days per year in second grade and 48 in third grade.

Judicial body supervising execution of custodial sentences, resolving leave permits, grade progressions, and conditional release.

Intervention of the victim or aggrieved party in criminal proceedings as a prosecuting party, exercising the criminal action alongside the Public Prosecutor.

Situation of the accused who, having been legally summoned, does not appear before the court. A search and capture warrant is issued and proceedings are suspended.

Aggravated fraud consisting of deceiving the judge through manipulation of evidence to obtain a harmful judicial resolution.

Lawyer's duty of confidentiality regarding client information. A fundamental right protecting attorney-client trust.

Witness or expert who, facing serious danger to their person, liberty, or property, benefits from the measures of LO 19/1994: withheld identity, testifying by means preventing visual identification, or police protection. The defense may request, stating reasons, disclosure of the identity for trial.

Urgent judicial resolution granting victims of gender violence a comprehensive protection status: criminal measures (restraining order), civil (custody), and assistance.

Temporary filing of the case when there is insufficient evidence to prosecute but the possibility of new evidence arising in the future is not ruled out. Allows reopening the investigation.

The most severe precautionary measure involving imprisonment of the investigated person before trial. Only applicable when there is risk of flight, destruction of evidence, or criminal reiteration.

State institution that promotes the action of justice in defense of legality, citizens' rights, and public interest. Exercises public prosecution in criminal proceedings.

Crime punishing concealment of assets or fraudulent favoritism of creditors. Includes asset concealment and bankruptcy insolvency.

Crime punishing anyone who, for profit, acquires or receives goods knowing they have criminal origin.

Aggravating circumstance occurring when the offender has previously been convicted of a crime within the same title of the Criminal Code (Art. 22.8 CP).

A recording by one interlocutor is lawful evidence. If by a third party without consent, it constitutes a crime.

Criminal conflict resolution model based on dialogue between victim and perpetrator seeking repair and reintegration.

Extraordinary appeal to annul final sentences when new facts are discovered or conviction was based on forged documents.

Permanent reviewable prison: the maximum penalty in the Spanish system, applicable to especially serious murders.

Fundamental right (Art. 24 CE) guaranteeing legal representation, access to proceedings, and the ability to propose evidence.

Taking of another's property using force on things (burglary) or violence/intimidation on persons.

Continuous harassment between minors in the educational sphere that may generate criminal liability for the minor aggressor under LO 5/2000.

Investigative procedure requiring judicial authorization to access a dwelling. Irregular practice leads to nullity of evidence.

Criminal response for non-imputable persons (mentally ill, drug addicts). Not a penalty but treatment: commitment, supervised release.

Justification defense allowing repelling an illegitimate current or imminent aggression using rational and proportionate force. Requires lack of sufficient provocation by the defender.

Legal operation setting a maximum limit of effective imprisonment when convicted in several different cases (triple the longest or 20/25/30/40 years).

Mechanism where prison can be replaced by deportation (foreigners), community service, or a fine.

In its criminal dimension, the non-consensual dissemination of intimate images or recordings of another person obtained with their consent in a home or any place out of sight of third parties, when disclosure seriously undermines their privacy (Art. 197.7 CP). The penalty is aggravated if the victim is the perpetrator's partner or ex-partner, or a minor.

Criminal type abolished by LO 10/2022. Previously punished non-consensual sexual acts without violence or intimidation. Currently unified under 'sexual assault'.

Criminal offense of pretending to be a victim of a non-existent crime and reporting it to authorities.

A crime against honor consisting of falsely attributing to another person the commission of a crime, knowing the accusation is false.

Special offense (LO 12/1995) punishing import or export of goods evading customs control, including tobacco, weapons, and art.

Persistent harassment: watching, pursuing, seeking physical proximity, making repeated contact, or attacking the liberty or property of a person, seriously disrupting the course of their daily life (Art. 172 ter CP, introduced by LO 1/2015).

Procedural act where the suspect gives a statement before the investigating judge. Has the right to remain silent.

Extinction of criminal liability due to the passage of time without a final sentence. Periods vary according to the severity of the crime (from 1 to 20 years).

Type of criminal process for crimes punishable by up to 9 years of imprisonment. It is the most common procedural channel in Spanish criminal judicial practice.

Post-prison security measure involving electronic monitoring, periodic reporting, and restraining orders.

Possibility of not executing a prison sentence not exceeding 2 years (exceptionally 5) if the convict has no prior record and certain requirements are met. Avoids prison entry.

Defrauding the Public Treasury for more than €120,000 per tax and fiscal year. Includes VAT fraud and false invoices.

Crimes to subvert the constitutional order or seriously disturb public peace. Includes jihadist terrorism and glorification.

Taking of another's movable property without force or violence (Art. 234 CP). Distinguished from robbery by absence of force.

Semi-liberty regime allowing the inmate to leave prison to work, returning at night or under electronic monitoring. For sentences over 5 years, the court may require that half the sentence be served before access (security period, Art. 36.2 CP).

Crime against liberty consisting of announcing harm constituting a crime. Aggravated if carried out with weapons.

An aggravating circumstance that occurs when the perpetrator employs means, methods, or forms of execution that directly and specifically ensure the commission of the crime, without risk from the victim's defense.

Judicial Police officer who, authorized by the judge or the prosecutor, infiltrates criminal organizations under an assumed identity to investigate their activities (Art. 282 bis LECrim). A specific online undercover agent exists for investigations in closed communication channels.

Mitigating circumstance for extraordinary process delays not attributable to the accused. Can significantly reduce the sentence (Art. 21.6 CP).

Discovery and disclosure of trade secrets (Art. 278 CP) and price manipulation in public tenders (Art. 262 CP).

When the perpetrator voluntarily abandons execution before consummation, they are exempt from punishment for the attempt.

Systematic harassment in the workplace violating the victim's moral integrity. May constitute a crime against moral integrity (Art. 173 CP).