The proportional fine under Article 52 of the Criminal Code
A proportional fine is one of the two main forms of monetary penalty in the Spanish Criminal Code. Unlike the general day-fine system, the amount here is not a daily rate multiplied by a number of days; instead it is set as a multiple of a specific economic figure. Article 52.1 CP provides that, where the Code so determines, the fine is fixed in proportion to the harm caused, the value of the object of the offence, or the benefit obtained.
Each offence sets its own range. For instance, money laundering under Article 301 CP carries a fine of one to three times the value of the assets; tax fraud under Article 305 CP a fine of one to six times the defrauded amount; and drug trafficking under Article 368 CP a fine of one to three times the value of the drug where it seriously harms health, or one to two times in other cases. This calculator applies the verified multiplier of each provision to the economic base you enter and returns the resulting range.
The figure is indicative only. Article 52.2 CP requires the court to set the fine within those limits, considering not only mitigating and aggravating circumstances but mainly the offender's economic situation. Article 52.3 CP allows the amount to be reduced or deferred if that situation worsens after sentencing. For legal persons, Article 52.4 CP provides that, where the proportional fine cannot be calculated, it is replaced by fixed time-based fine bands according to the seriousness of the offence.
- The result is neither a conviction nor a forecast of any sentence: it is the plain arithmetic application of the statutory range.
- Certain offences have special penalty limits or rules; check the specific article.
- The calculation runs entirely in your browser: your data is not sent or stored.