The new Criminal Code: which crimes exist and what penalties apply

Automatic summary, not yet reviewed

1. No one can be punished for an act that was not defined as a crime or minor offense by a previous law, nor with a penalty not previously set. More favorable criminal laws do apply retroactively, even if there is already a final judgment.
2. A penalty or security measure can only be carried out under a final judgment by a competent judge or court, in the manner set by law. There is no penalty without intent or negligence.
3. Offenses are classified as serious crimes, less serious crimes and minor offenses, depending on the penalty assigned. Minors under eighteen are not criminally liable under this Code, but under the law on juvenile criminal responsibility.
4. The Code sets out grounds that exempt from criminal liability, such as self-defense, necessity, insurmountable fear or unintended full intoxication, and circumstances that reduce or increase the penalty, such as repairing the damage or acting with treachery.
5. Penalties may deprive of freedom, of other rights, or be fines, and are classified as serious, less serious or minor. Prison ranges from six months to twenty years, and fines are calculated under a day-fine system based on the convicted person's financial situation.
6. A person convicted of several crimes faces a cap on the effective sentence: in general it cannot exceed three times the most serious penalty, with a maximum of twenty years, extendable to twenty-five or thirty in exceptional cases.
7. Prison sentences under two years can be suspended if the convicted person is a first-time offender and pays civil liabilities, and sentences of up to one year can be replaced by weekend arrest or a fine. Parole is available after serving three quarters of the sentence.
8. Whoever commits a crime must repair the resulting damage and losses, through restitution, repair or compensation. In addition, any intentional crime carries forfeiture of the proceeds and instruments used.

Who it affects

• Anyone accused of a crime or minor offense: The rules on what is punishable, which penalties exist and when they can be suspended or replaced apply to them.
• Victims of crime: They have the right to reparation of damages and to compensation from those responsible.
• Minors under eighteen: They are not governed by this Code but by the law on juvenile criminal responsibility.
• Public officials and authorities: Specific penalties apply if they commit crimes abusing their position, such as torture, bribery or embezzlement.
• Convicted persons serving sentences: They may access suspension, replacement or parole if they meet the requirements.

Words worth knowing

Dolo

Intent to commit the crime; acting knowingly.

Días-multa (day-fine system)

Fine system where the judge sets a number of days and the price of each one based on the convicted person's finances.

Medida de seguridad (security measure)

Measure imposed by a judge on someone who committed a crime but cannot be penalized, to prevent reoffending.

Alevosía (treachery)

Committing the crime while ensuring the victim cannot defend themselves.

Sentencia firme (final judgment)

Court ruling against which no further appeals are possible.

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