Statute of Limitations for Crimes in Spain (Art. 131 CP)
Guidance and defence on the limitation periods for criminal offences in Spain: computation, interruption and imprescriptible offences under the Criminal Code.
The statute of limitations for offences (Art. 131 CP) extinguishes criminal liability once time passes without the proceedings being directed against the person responsible. The period depends on the maximum penalty attached to the offence: 20 years where it is imprisonment of 15 years or more, 15 years where it is disqualification for more than 10 years or imprisonment of more than 10 and less than 15 years, 10 years where it is imprisonment or disqualification of more than 5 and up to 10 years, and 5 years for all other serious or less serious offences (the residual rule, applying for example to basic fraud or misappropriation). Minor offences (delitos leves) and the offences of injurias and calumnias (insult and false accusation of a crime) become time-barred after 1 year. Time runs from the commission of the offence and is interrupted when a reasoned judicial decision directs the proceedings against the person under investigation (Art. 132.2 CP). At Alonso Sala we analyse the exact computation of each case, including the correct classification of the applicable maximum penalty.
The statute of limitations for criminal offences (Arts. 131-135 of the Spanish Criminal Code) extinguishes criminal liability through the passage of time. If the State does not prosecute an offence within the statutory period, it loses the power to punish it. As criminal defence lawyers with more than 15 years' experience, we assess the exact computation of each case throughout Spain.
Limitation Periods for Offences (Art. 131 CP)
| Maximum penalty for the offence | Period | Examples |
|---|---|---|
| Imprisonment of 15 years or more | 20 years | Murder (Art. 139 CP) |
| Disqualification over 10 years, or imprisonment over 10 and under 15 years | 15 years | Certain aggravated offences within this band |
| Imprisonment or disqualification over 5 and up to 10 years | 10 years | Aggravated fraud (Art. 250 CP), robbery with violence |
| All other serious or less serious offences (residual rule) | 5 years | Basic fraud, injury, theft, threats |
| Minor offences (delitos leves); injurias and calumnias | 1 year | Minor injury, petty theft, injurias, calumnias |
Indicative table based on the current wording of Art. 131 CP. Where the penalty is compound, the one requiring the longer period applies (Art. 131.2 CP); in cases of concurrent or connected offences, the period of the most serious offence applies (Art. 131.4 CP). Always consult a lawyer for the exact computation in your case.
Prescription of the Penalty (Art. 133 CP)
Distinct from the limitation of the offence is the prescription of the penalty: it does not affect the right to prosecute, but the time the State has to enforce a penalty already imposed by a final judgment. It is governed by Art. 133 CP and its periods are longer than those for the offence: 30 years for imprisonment of more than 20 years; 25 years for imprisonment of 15 to 20 years; 20 years for disqualification over 10 years and imprisonment over 10 and under 15; 15 years for disqualification over 6 and up to 10, and imprisonment over 5 and up to 10; 10 years for other serious penalties; 5 years for less serious penalties; and 1 year for minor penalties. Time runs, as a rule, from the final judgment or from the breach of the sentence (Art. 134 CP).
Special Cases
Alongside the general rule there are offences with their own regime. Some are imprescriptible: crimes against humanity, genocide, offences against persons and property protected in the event of armed conflict (save those punished under Art. 614 CP) and terrorism that has caused a person's death never become time-barred (Art. 131.3 CP). In addition, in offences against the sexual freedom of minors — and certain other offences against minors listed in Art. 132.1 CP — the period does not run from commission but from the day the victim reaches a specified age, currently 35, precisely so as not to penalise the natural delay in reporting. It is also essential not to confuse the limitation of the offence (Art. 131 CP) with the prescription of the penalty already imposed (Arts. 133-134 CP).
Interruption of the Period (Art. 132.2 CP)
The period is not immovable: the limitation is interrupted when the proceedings are directed against the person indiciarily responsible by means of a reasoned judicial decision attributing their alleged participation (Art. 132.2 CP). The mere filing of a complaint (denuncia or querella) before a court suspends the count for a maximum of six months; if within that time the judicial decision attributing participation is issued, the interruption is deemed to date back to the filing; if not, time continues to run as if the complaint had never been filed. Once interrupted, the period starts to run again in full from the beginning. Fixing the dies a quo — the start date — and proving exactly when and against whom the proceedings were directed are, in practice, decisive lines of defence, especially in complex and protracted cases.
Want to work out the exact deadline in your case? Try our criminal limitation period calculator →
Penalties & Consequences: Statute of Limitations for Crimes in Spain (Art. 131 CP)
| Type / Scenario | Criminal Penalty |
|---|---|
| Dismissal | If the offence has become time-barred, the case is definitively closed (sobreseimiento libre). |
| No Criminal Record | Limitation does not generate any kind of criminal record. |
| Civil Liability | The limitation of the offence does not automatically extinguish the civil liability arising from it. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Defense Strategy: Statute of Limitations for Crimes in Spain (Art. 131 CP)
Limitation as a Defence
We plead the limitation of the offence to secure a dismissal (sobreseimiento) or an acquittal where the statutory period has elapsed.
Analysis of the Computation
We verify that the period has been calculated correctly from the commission of the offence and the correct classification of the applicable maximum penalty.
Improper Interruption
We challenge whether the interruption of the limitation period was validly produced in accordance with Art. 132.2 CP and case law.
Criminal Procedure in Spain: Fast Trials, Extraditions & Prison Law — Defence Guide
Beyond substantive criminal offences, Spanish law contains a complex procedural framework that directly affects defence strategy. Fast-track trials (juicios rápidos), extradition procedures (European Arrest Warrants and bilateral treaties), penitentiary law (classification grades, parole, sentence review) and juvenile justice (LO 5/2000) each demand specialised knowledge. Understanding procedural rights and deadlines is often decisive for the outcome of a case.
Key Procedural Frameworks
| Framework | Legal Basis | Scope | Key Feature |
|---|---|---|---|
| Fast-track trials | Arts. 795-803 LECrim | Offences punishable by up to 5 years prison | Trial within 15 days of arrest |
| European Arrest Warrant | LO 23/2014 | Cross-EU extradition | 60-day maximum execution |
| Prison classification | LO 1/1979 (LOGP) | Classification into grades 1, 2 or 3 | Open regime (grade 3) = semi-liberty |
| Conditional release | Arts. 90-93 CP | Release from prison on licence | ¾ of sentence served + good conduct |
| Juvenile justice | LO 5/2000 | Offenders aged 14-17 | Educative measures, not punishment |
| Criminal record expungement | Art. 136 CP | Deletion of criminal record | Timeframe varies by offence severity |
Key Defence Strategies
Fast-Trial Conformity Advantage
In fast-track proceedings, agreeing to a plea (conformidad) with the prosecution can yield a sentence reduction of up to one-third. This can make the difference between prison and a suspended sentence.
EAW Refusal Grounds
European Arrest Warrants may be refused on grounds of: ne bis in idem (double jeopardy), time-barred offence, minor's age, or if the person will serve the sentence in Spain. Each ground requires specific procedural challenges.
Prison Grade Review
Inmates may contest their classification grade before the Supervisory Judge (Juez de Vigilancia Penitenciaria). Progression to grade 3 (semi-liberty) requires demonstrating good conduct, personal development and reduced recidivism risk.
Juvenile Diversion
For juvenile offenders, the defence can request diversion (sobreseimiento) if the minor completes a mediation or reparation programme. This avoids formal proceedings and prevents a juvenile record entirely.
Key Case Law
The Court confirmed that defendants who reach a plea agreement in fast-track proceedings have an absolute right to the one-third sentence reduction. The judge cannot refuse the agreed sentence if it falls within the statutory range.
The CJEU established that execution of a European Arrest Warrant may be suspended if there is a real risk of inhumane treatment in the issuing state. The executing authority must request specific assurances before surrender.
The Constitutional Court holds that prison classification decisions must be reasoned and subject to periodic review, in line with the fundamental rights of sentenced persons under Art. 25.2 CE.
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