Criminal Code reform: payments, corruption, sedition and smuggling

Automatic summary, not yet reviewed

1. Criminal protection is extended to non-cash payment methods, including cards, virtual currencies and crypto-assets used to pay. Their fraud, forgery and preparatory acts are punished, and what counts as a payment instrument is defined.
2. The transposition of European directives is completed: penalties are raised for insider dealing offenses committed by people without reserved access to the inside information, and criminal liability can be waived for those who actively cooperate in detecting cartels.
3. The crime of embezzlement (malversación) is reformed, returning to the traditional model: it distinguishes between appropriating public funds, using them temporarily for private purposes, and diverting them to other public uses, with different penalties for each. Public property is defined and repairing the damage is rewarded.
4. The crime of illicit enrichment is introduced in Spain for the first time: a public official who gains assets worth more than €250,000 above their proven income and refuses to justify it when required by the competent bodies faces prison, a fine and disqualification from office.
5. The crime of sedition is abolished and the crime of public disorder is reformed: it now requires acting as a group, using violence or intimidation, and aiming to attack public peace. An aggravated form is created for crowds capable of seriously affecting public order.
6. The period from December 24 to January 6 is declared non-business days for procedural deadlines, to allow rest and work-life balance for lawyers, court clerks and social graduates. The Audiencia Nacional will hear smuggling cases involving defense material and dual-use goods, whose conspiracy and proposal are also punished.

Who it affects

• People who use cards, electronic wallets or virtual currencies: They get stronger criminal protection against fraud and forgery of these payment methods.
• Public authorities and officials: They face reformed penalties for embezzlement and, for the first time, illicit enrichment if they cannot justify their assets.
• Executives and employees of companies involved in cartels: They can be exempt from criminal liability if they actively cooperate with competition authorities.
• People taking part in riots or disturbances: They are no longer charged with sedition; they are charged under the new public disorder offense, with graduated penalties.
• Lawyers, court clerks and social graduates working before the courts: The Christmas period becomes non-business time for procedural deadlines, favoring their rest and work-life balance.

Words worth knowing

Transposition of directives

The duty to incorporate into Spanish law the rules approved by the European Union.

Malversación (embezzlement of public funds)

Crime committed by an authority or official who uses the public property they manage for purposes other than those intended, or for private benefit.

Enriquecimiento ilícito (illicit enrichment)

Crime of a public official who cannot explain the origin of a large increase in their wealth and refuses to do so before the competent bodies.

Sedición (sedition)

Crime abolished by this law: publicly and tumultuously rising up to achieve certain goals by force.

Cártel (cartel)

A secret agreement between companies to avoid competition, for example by fixing prices.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries