Article 74 of the Criminal Code
TÍTULO III — De las penas
Previous versions
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
Explanation and defense
What Article 74 of the Criminal Code governs
Article 74 sets out the continuing offence: where a person, pursuant to a preconceived plan or exploiting the same opportunity, carries out several acts or omissions breaching the same criminal provision or provisions of an equal or similar nature, each act is not punished separately but as a single continuing offence. It is a highly consequential rule on the application of penalties, since it prevents both impunity and the disproportionate stacking of sentences.
Penalty
The general rule imposes the penalty for the most serious offence in its upper half, and may reach the lower half of the penalty one degree higher. In offences against property, the penalty is set according to the total harm caused, and the court may, giving reasons, impose the penalty one or two degrees higher where the conduct is notably serious and has harmed a large number of people.
Important limits
Offences against eminently personal interests are excluded from continuity, except those affecting the honour and the sexual freedom and indemnity of the same victim, in which case the nature of the conduct determines whether it applies. The defense often focuses precisely on disputing whether that preconceived plan or single opportunity exists, or whether the acts are independent; and, in property offences, on the correct calculation of the total harm, on which the applicable penalty framework directly depends.
Quick reference
Orientative data computed from the highest prison term mentioned in this article. Aggravated or mitigated subtypes, non-custodial penalties and concurrence rules may alter the outcome in each specific case.