Full text
Text in force since 11 June 2024.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
TÍTULO VII — De la extinción de la responsabilidad criminal y sus efectos
Text in force since 11 June 2024.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal.
In force from 24/05/1996 to 30/09/2004
In force from 01/10/2004 to 22/12/2010
In force from 23/12/2010 to 30/06/2015
In force from 01/07/2015 to 24/06/2021
In force from 25/06/2021 to 10/06/2024
Article 130 opens the title on the extinction of criminal liability and sets out, in general terms, the grounds on which the duty to answer for an offence already committed disappears. It is a closed list that operates both before liability has been declared by a final judgment and, in some of its grounds, after a sentence has already been imposed. Paragraph 2 adds a rule specific to corporate criminal liability: the transformation, merger, absorption or division of a legal entity does not extinguish its liability, which passes to the resulting entity, subject to whatever moderation the court applies.
Paragraph 1 lists seven grounds: 1st, the death of the offender; 2nd, completion of the sentence; 3rd, final remission of the sentence, under paragraphs 1 and 2 of Article 87; 4th, amnesty or pardon; 5th, pardon by the injured party, only in minor offences prosecuted at the victim's request or where the law expressly so provides, granted expressly and before judgment is passed, after the injured party has been heard; 6th, limitation of the offence; and 7th, limitation of the sentence or the security measure. The article itself excludes pardon by the injured party where the victim is a minor or a person with a disability in need of special protection and the offence affects essentially personal legal interests: in those cases pardon does not extinguish liability.
The sixth and seventh grounds — limitation of the offence and of the sentence — are developed in the following articles: the limitation periods for an offence according to its seriousness are set out in Article 131, how those periods are calculated and interrupted in Article 132, limitation of sentences already imposed in Article 133, their calculation in Article 134, and limitation of security measures in Article 135. Article 130 merely states the ground; the substantive regime of periods, interruptions and suspensions is governed by those provisions.
Raising a ground for the extinction of criminal liability is, in practice, one of the most effective ways to bring proceedings to an end: correctly calculated, limitation of the offence bars prosecution regardless of how strong the evidence is, and pardon by the injured party can close proceedings for a minor offence without a trial. The defence requires carefully reviewing the dates of commission, any interruption of the period by a reasoned judicial decision and, where relevant, the formal validity of a pardon granted before judgment.
Orientative data computed from the highest prison term this article provides for (including the degree rules it imposes itself or the penalties of another article it refers to) and, where there is one, its disqualification, which also counts towards the classification and the limitation period (arts. 33 & 131.1 CP). Aggravated or mitigated subtypes, other non-custodial penalties and concurrence rules may alter the outcome in each specific case.
This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.