TÍTULO XIX — Delitos contra la Administración pública
Text in force since 1 July 2015.
The text below is the official Spanish wording of this provision; the summary and guidance above are in English.
In-depth analysis
Article 404 of the Criminal Code: administrative malfeasance — penalties, case law and defence strategyOur firm’s monographic guide to this provision, with typical scenarios and lines of defence.
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 30/06/2015
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.
Longest disqualification
15 years
Disqualification · special
Classification (arts. 13 & 33 CP)
Serious offence
Limitation period (art. 131 CP)
15 years
The classification and the period include the disqualification of up to 15 years, which is a serious penalty (arts. 13.4 & 33.2 CP) and counts towards limitation (art. 131.1 CP).
Our team regularly defends those accused under administrative misconduct in office. Technical strategy aimed at dismissal or acquittal when legally viable.
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.