How EU countries collect fines imposed in another country

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1. The law regulates how Spanish judicial authorities send final decisions requiring payment of a financial penalty to other European Union member states, and how they recognize and enforce decisions received from other states. It applies when the sanctioned person owns property, earns income, or has their habitual residence or registered office in another member state.
2. A financial penalty includes not only the fine but also court costs, compensation for victims, and amounts paid to a public fund or victim support organization. Confiscation, restitution, and damages awards are excluded.
3. The system is based on mutual recognition: the criminal court must recognize and enforce received decisions without further steps, unless there are grounds for refusal. For a list of serious offenses (terrorism, corruption, fraud, robbery, etc.), the act does not need to also be a crime in Spain; for other offenses, it does.
4. The Spanish judge may refuse recognition and enforcement in certain cases: if a decision on the same acts already exists, if the act is not an offense under Spanish law, if the certificate is missing, if the penalty is under 70 euros, or if fundamental rights were violated, among other grounds.
5. Enforcement follows Spanish law, with specific rules: the amount can be reduced if it was already paid in another state or converted to euros if the fine is in another currency; if unpaid, alternative penalties, including imprisonment, may apply if the issuing state accepted them.
6. Once transmitted, the decision is suspended in Spain and cannot be enforced there unless returned. Amounts collected in Spain go into the judicial deposits and consignations account, and no fees are charged or paid to other states for these actions.

Who it affects

• Individuals and companies fined with a final decision who own property, earn income, or have their residence or registered office in another EU state.: Their fine can be enforced in that other state.
• Spanish criminal courts (Jueces de lo Penal): They are responsible for enforcing fines received from abroad and transmitting Spanish ones.
• Crime victims: Compensation in their favor can be included in the penalty enforced in another state.
• Spanish courts that send or receive decisions: They must report statistical information to the General Council of the Judiciary (Consejo General del Poder Judicial).

Words worth knowing

Resolución firme

A court decision that can no longer be appealed and must be complied with.

Reconocimiento mutuo

Principle under which each EU state directly accepts and enforces the judicial decisions of the others, without reviewing them again on the merits.

Doble tipificación

Requirement that an act be punishable both in the country issuing the decision and in the one enforcing it.

Costas judiciales

Court costs of the proceedings, imposed on the losing or convicted party.

Indulto

A decision that fully or partially pardons an imposed penalty.

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