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Alonso Sala
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Recidivism and multi-recidivism checker

Get an orientation on whether your prior convictions trigger the recidivism aggravating circumstance of art. 22.8 CP or the qualified multi-recidivism of art. 66.1.5 CP. The calculation runs in your browser; no data is sent or stored.

Check your situation

Count only final (executory) convictions for offences within the same CP title and of the same nature as the new offence.

As a general rule minor offences do not count (art. 22.8 CP), except the aggravated types introduced by Organic Law 1/2026. It only triggers an informational note; it does not change the count.

It does not affect the count; it only adjusts the wording of the result notes.

Enter the number of prior final convictions of the same title and nature to check, for guidance only, whether recidivism or multi-recidivism applies. The calculation runs entirely in your browser: no data is sent or stored.

Recidivism is an aggravating circumstance under article 22.8 of the Spanish Criminal Code (CP). It applies when, at the time of committing the new offence, the offender has already been convicted by a final judgment for an offence within the same title of the CP and of the same nature. Cancelled convictions (or those that should have been cancelled) are not counted; as a general rule, neither are convictions for minor offences (delitos leves), except as provided for the aggravated types based on multi-recidivism of minor offences.

The sentencing effect depends on how many countable convictions there are. With one or two aggravating circumstances and no offsetting mitigating ones, article 66.1.3 CP requires the penalty to be imposed in its upper half. Where the offender has been finally convicted for at least three offences of the same title and nature, article 66.1.5 CP sets out qualified multi-recidivism: the court may —at its discretion— impose the penalty one degree higher, weighing the prior convictions and the seriousness of the new offence.

Organic Law 1/2026, of 8 April, in force since 10 April 2026, toughened the response to property-related recidivism: it introduced aggravated types based on multi-recidivism for theft and fraud, allowed minor-offence convictions to count for those types, and added obstacles to suspending the sentence. The reform did not repeal the general rule of article 66.1.5 CP; it reinforced its scope in property offences.

This tool is for guidance only: the actual counting of prior convictions requires checking each conviction’s finality, its title and nature, and any cancellation in the Central Criminal Records Registry. Classifying the new offence and the final individualisation of the penalty are for the court. Consult a criminal defence lawyer before taking any procedural decision.

Frequently asked questions

When does recidivism apply under art. 22.8 CP?

When, at the time of the new offence, the offender has already been convicted by a final judgment for an offence within the same title of the Criminal Code and of the same nature. Any prior record is not enough: it must be of the same title and nature.

What effect does one recidivism aggravating circumstance have?

With one or two aggravating circumstances and no offsetting mitigating ones, art. 66.1.3 CP requires the penalty to be imposed in its upper half. It does not change the type of penalty, only the range within the offence’s statutory framework.

What is multi-recidivism under art. 66.1.5 CP?

It is qualified recidivism: the offender has been finally convicted for at least three offences of the same title and nature. In that case the court may, at its discretion, impose the penalty one degree higher, weighing the prior convictions and the seriousness of the new offence.

Do cancelled prior convictions count for recidivism?

No. Neither art. 22.8 CP nor art. 66.1.5 CP counts cancelled convictions or those that should have been cancelled. It is therefore advisable to obtain an up-to-date certificate from the Central Criminal Records Registry before any decision.

Do minor offences count for recidivism?

As a general rule, no. Art. 22.8 CP excludes convictions for minor offences (delitos leves), except as provided for the aggravated types based on multi-recidivism of minor offences, an exception introduced by Organic Law 1/2026 (for example in theft and fraud).

What did Organic Law 1/2026 change on multi-recidivism?

In force since 10 April 2026, it toughened the response to property-related recidivism: it created aggravated types based on multi-recidivism for theft (art. 234.2 CP) and fraud (art. 248 CP), allowed minor-offence convictions to count for those types, and made suspending the sentence harder. It did not repeal the general rule of art. 66.1.5 CP.

Important notice

Guidance tool that does not replace advice from a lawyer. The calculation runs entirely in your browser and no data is sent or stored. The result is not legal advice: the finality, title and nature of each conviction, its cancellation and the classification of the new offence must be verified against official records, and the final individualisation of the penalty is exclusively for the court. Certain offences and aggravated types have special counting rules or limits.

Worried about your record or a possible recidivism aggravation?

We analyse the finality, title and nature of each prior conviction, check its cancellation in the Central Criminal Records Registry, and argue that convictions which should not count are excluded.

Discuss your case91 078 65 74

Related links

Article 22 CP: aggravating circumstances and recidivism

Article 66 CP: rules for applying the penalty

Organic Law 1/2026: the property multi-recidivism reform

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