Spanish Criminal Code

Includes correction of errors published in BOE No. 54 of 2 March 1996. Ref. BOE-A-1996-4943

JUAN CARLOS I

KING OF SPAIN

To all who see and understand the present.

Know: That the Cortes Generales have passed and I come to sanction the following Organic Law:

EXPOSURE OF GROUNDS

If the legal system has been defined as a set of rules governing the use of force, the importance of Spanish Criminal Code in any civilized society. The Spanish Criminal Code defines the offences and misdemeanours that constitute the budgets for the application of the supreme form that the coercive power of the State may take: the criminal penalty. Consequently, it occupies a prominent place in the whole legal system, to the extent that, not without reason, it has been regarded as a kind of ‘negative constitution’. The Spanish Criminal Code must protect the basic values and principles of social coexistence. When those values and principles change, they must also change. In our country, however, despite the profound social, economic and political changes, the text in force dates back to what could be considered its basic core from the last century. The need for its reform cannot therefore be discussed.

Based on the various reform attempts made since the establishment of the democratic regime, the Government has drawn up the draft for discussion and approval by the Chambers. It must therefore set out, even succinctly, the criteria on which it is based, although they can be easily deduced from the reading of its text.

These criteria have, of course, been based on the positive adaptation of the new Spanish Criminal Code to constitutional values. The changes in this direction are innumerable, but some are worth highlighting.

Firstly, it proposes a total reform of the current system of penalties so that the resocialisation objectives can be achieved as far as possible. the Constitution He assigns you. The proposed system simplifies, on the one hand, the regulation of custodial sentences, while expanding the possibilities of replacing them with those affecting less basic legal assets, and, on the other, introduces changes in financial penalties, adopting the fine-day system and adding work for the benefit of the community.

Secondly, the antinomia between the principle of minimum intervention and the growing need for guardianship in an increasingly complex society has been addressed, with a prudent reception of new forms of crime, while eliminating, at the same time, criminal figures who have lost their raison d'être. In the first sense, the introduction of crimes against the socio-economic order or the new regulation of crimes relating to the planning of territory and natural resources should be highlighted; in the second, the disappearance of complex figures of robbery with violence and intimidation in persons who, arising in the context of the fight against banditry, must disappear, leaving way for the application of the general rules.

Thirdly, special emphasis has been placed on the protection of fundamental rights and special efforts have been made to design, with special restraint, the use of punitive instruments where the exercise of any of them is at stake: they serve as an example, on the one hand, of the specific protection of moral integrity and, on the other, of the new regulation of crimes against honour. By specifically protecting moral integrity, the citizen is given stronger protection against torture, and in shaping crimes against honour in the way it is proposed, freedom of expression is given all the importance that a democratic regime can and must recognize.

Fourthly, and in line with the objective of safeguarding and respecting fundamental rights, the regime of privilege that so far has been enjoying unlawful interference by public officials in the field of citizens' rights and freedoms has been eliminated. It is therefore proposed that detentions, entry and search at home carried out by authority or official outside the cases permitted by law be treated as aggravated forms of the corresponding ordinary offences, and not as they have been so far, i.e. as incomprehensible and unreasonably attenuated special offences.

Fifthly, efforts have been made to advance the path of real and effective equality by seeking to fulfil the task it imposes in this regard. the Constitution to the public authorities. It's not the Spanish Criminal Code The most important instrument to carry out this task, however, can contribute to it by removing regulations that are an obstacle to its realization or introducing protective measures in the face of discriminatory situations. In addition to the rules providing specific protection against discrimination activities, mention should be made here of the new regulation of offences against sexual freedom. The aim is to adapt the criminal offences to the protected legal good, which is not, as historically, the honesty of women, but the sexual freedom of all. Under the protection of women's honesty, an intolerable situation of grievance was hidden, which the proposed regulation totally eliminated. It may surprise the novelty of the punitive techniques used; but, in this case, moving away from tradition seems a good thing.

Leaving the scope of the principles and descending to that of the techniques of elaboration, the present project differs from the previous ones in the claim of universality. It was operating with the idea that the Spanish Criminal Code constituted a complete regulation of the punitive power of the State. The realization of this idea was already based on a deficit, given the importance of the sanctioning power of the Administration in our country; but it was also unnecessary and disturbing.

This is not necessary, because the nineteenth option in favour of the Spanish Criminal Code and contrary to the special laws, it was based on the undeniable fact that the legislator, in drafting a Code, was constrained, for external reasons of social significance, to respect constitutional principles, which was not, or to a lesser extent, the case of a particular law. Within the framework of flexible constitutionalism, this was an argument of particular importance in order to substantiate the claim of absolute universality of the Code. Today, however, both the Spanish Criminal Code as special laws are hierarchically subordinate to the Constitution and obliged to submit to it, not only by that hierarchy, but also by the existence of judicial control over constitutionality. Consequently, special laws cannot lead to the prevention that they historically caused.

Disturbing, because, although it is undeniable that a Code would not deserve that name if it did not contain most of the penal rules and, of course, the basic principles informing the whole regulation, the truth is that there are matters that can hardly be introduced into it. For if a relative claim to universality is inherent in the idea of the Code, so are those of stability and fixity, and there are areas in which, because of the special situation of the rest of the system, or because of the very nature of things, such stability and fixity are impossible. This is, for example, the case of offences relating to control of changes. In these, the constant modification of the economic conditions and of the normative context, in which, whether or not such crimes are included, advises placing the penal norms in that context and leaving them outside the Code: moreover, that is our tradition, and there are no lacks, in the countries of our environment, of examples characterized by such a course of action.

Thus, in this and other similar cases, it has been decided to refer to the relevant special laws the penal regulation of the respective matters. The same technique has been used for the regulation of the decriminalization of voluntary termination of pregnancy. In this case, together with reasons similar to those set out above, it could be argued that these are not incriminating rules, but rules that regulate cases of non-incrimination. The Constitutional Court demanded that, in the configuration of these cases, guarantees be adopted which do not seem to be appropriate to the Spanish Criminal CodeBut rather of another kind of rule.

In preparing the draft, the parliamentary discussions of 1992 were closely taken into account, the opinion of the General Council of the Judiciary, the state of jurisprudence and the opinions of scientific doctrine. It has been carried out from the deeply felt idea that Spanish Criminal Code It must be everyone's, and therefore all opinions must be heard and solutions chosen that seem most reasonable, that is, those that everyone should be able to accept.

It is not intended to have performed a perfect work, but simply a useful work. The Government does not have the last word here, but only the first. It is therefore limited to this project, inviting all political forces and all citizens to collaborate in the task of its further development. Only if we all want to have a Spanish Criminal Code and we contribute to achieving this goal, the importance of which for coexistence and the peaceful enjoyment of the rights and freedoms the Constitution Proclaiming could hardly be exaggerated.

PRELIMINARY TITLE

Criminal guarantees and the application of the Criminal Law

Article 1.

1. No act or omission which is not provided for as an offence by law prior to its perpetration shall be punished.

2. Security measures may be applied only when the requirements previously established by the Act are met.

Paragraph 1 is amended by the sole article 1 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 2.

1. No offence shall be punished with a penalty which is not provided for by law prior to its commission. The laws establishing security measures will also have no retroactive effect.

2. However, criminal laws favouring the accused shall have retroactive effect, even if upon entry into force a final judgment had been handed down and the subject was serving a sentence. In case of doubt as to the determination of the most favourable law, the accused shall be heard. Acts committed under a temporary law shall, however, be tried in accordance with it, unless expressly provided otherwise.

Paragraph 1 is amended by the sole article 2 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 3.

1. No penalty or security measure may be carried out except by virtue of a final judgement handed down by the competent judge or court, in accordance with procedural law.

2. Nor may a penalty or safety measure be carried out in any other way than that prescribed by the Act and regulations implementing it, or in other circumstances or accidents than those expressed in its text. The execution of the sentence or security measure shall be carried out under the supervision of the competent judges and tribunals.

Article 4.

1. Criminal laws shall not apply to cases other than those expressly covered by them.

2. In the event that a judge or court, in the exercise of its jurisdiction, has knowledge of any action or omission which, without being punished by law, considers punishable, shall abstain from any proceedings on it and shall state to the Government the reasons for believing that it should be subject to criminal punishment.

3. He shall likewise refer to the Government by stating the appropriateness of the repeal or modification of the provision or the granting of pardon, without prejudice to the execution of the sentence of course, if the strict application of the provisions of the Act is punishable by an act or omission which, in the opinion of the judge or court, should not be such, or when the penalty is noticeably excessive, he shall be treated for the evil caused by the offence and the personal circumstances of the accused.

4. If a request for pardon is made, and the judge or court has found in a well-founded decision that the right to a trial without undue delay may be violated by the execution of the sentence, it shall suspend the execution of the sentence until it is decided on the request made.

The judge or court may also suspend the execution of the sentence, pending a decision on the pardon if, if the sentence is executed, the purpose of the sentence may be illusory.

Article 5.

There can be no penalty without intent or negligence.

Article 6.

1. The security measures are based on the criminal danger of the subject to whom they are imposed, externalized in the commission of an act defined as an offence.

2. Security measures may not be more burdensome or longer than the penalty abstractly applicable to the act committed, nor may they exceed the limit of what is necessary to prevent the danger of the perpetrator.

Article 7.

For the purpose of determining the criminal law applicable over time, the offences are considered to be committed at the time when the subject executes the action or omits the act that he was obliged to perform.

It is amended by article 3 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 8.

Acts liable to be qualified under two or more provisions of this Code, and not covered by articles 73 to 77, shall be punished by the following rules:

1.a The special provision shall be applied with preference to the general.

2.a The subsidiary provision shall be applied only in the absence of the principal, whether it is expressly declared to be subsidiarity, or tacitly deductible.

3.a The broader or more complex penal provision shall absorb those who punish the offences committed therein.

4.a In the absence of the above criteria, the most serious criminal provision shall exclude those who punish the act with a lesser penalty.

Article 9.

The provisions of this Title shall apply to offences punishable by special laws. The remaining provisions of this Code shall be applied as supplementary to what is not expressly provided for by them.

It is amended by article 4 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

BOOK I

General provisions on offences, persons responsible, penalties, security measures and other consequences of the criminal offence.

The heading is amended by article 5 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

TITLE I

Criminal offence

CHAPTER I

Criminal offences

The heading is amended by article 6 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 10.

Offences are intentional or negligent acts or omissions punishable by law.

It is amended by article 7 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 11.

Offences consisting in the production of a result shall be deemed to have been committed by omission only if the failure to avoid it, in breach of a special legal duty of the author, amounts, according to the meaning of the text of the law, to its cause. For this purpose, the omission shall be equated with the action:

(a) Where there is a specific legal or contractual obligation to act.

(b) When the omitant has created an opportunity for risk to the legally protected property by a previous act or omission.

It is amended by article 8 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 12.

Imprudent actions or omissions shall be punished only when expressly provided by law.

Article 13.

1. Serious offences are offences punishable by the Act.

2. Less serious offences are offences punishable by the Act with less serious penalties.

3. Minor offences are offences punishable by law with a mild penalty.

4. Where the penalty, by its length, may be included in the first two issues of this article, the offence shall in any event be considered a serious offence. Where the penalty, by its length, can be considered as mild and less serious, the offence shall in any case be considered as minor.

Paragraphs 3 and 4 are amended by the sole article 9 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 14.

1. The invincible error of an act constituting a criminal offence excludes criminal responsibility. If the error, taking into account the circumstances of the act and the personal circumstances of the perpetrator, is final, the offence shall be punished, if necessary, as reckless.

2. The error of an act which qualifies the infringement or of an aggravating circumstance shall prevent its assessment.

3. The invincible error of the wrongfulness of the act constituting the criminal offence precludes criminal responsibility. If the error is overcome, the lower penalty shall be applied by one or two degrees.

Article 15.

The consummate offence and the attempt to commit a crime are punishable.

It is amended by article 10 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 16.

1. There is an attempt when the subject gives principle to the execution of the crime directly by external acts, by practicing all or part of the acts that objectively should produce the result, and yet it does not occur for reasons independent of the will of the perpetrator.

2. A person who voluntarily avoids the completion of the offence, either by desisting from the execution already initiated, or by preventing the production of the result, without prejudice to the liability he may have incurred for the acts carried out, if they are already constituting another offence, shall be exempt from criminal liability for the offence.

3. Where several persons intervene in an act, the person or persons who desist from the execution already initiated shall be exempt from criminal liability and shall prevent or attempt to prevent, seriously, firmly and decisively, the completion of the act, without prejudice to the liability they may have incurred for the acts carried out, if they are already constituting another offence.

Paragraphs 2 and 3 are amended by the sole article.11 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 17.

1. Conspiracy exists when two or more persons are conspired for the execution of a crime and decide to execute it.

2. The proposal exists when the person who has decided to commit a crime invites another person or other persons to participate in it.

3. Conspiring and proposing to commit a criminal offence shall be punished only in cases specifically provided for by law.

It is amended by article 12 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 18.

1. The provocation occurs when it is directly instigated by means of printing, broadcasting or any other means of similar effectiveness, which facilitates publicity, or in the presence of a crowd of persons, to the perpetration of an offence.

It is apology, for the purposes of this Code, to expose, before a crowd of people or by any means of dissemination, ideas or doctrines that exalt the crime or exalt its perpetrator. Advocacy shall be criminal only as a form of provocation and if by its nature and circumstances it constitutes a direct incitement to commit a crime.

2. The provocation shall be punished only in cases where the law so provides.

If the provocation has followed the commission of the crime, it shall be punished as an inducement.

CHAPTER II

Cases exempting criminal responsibility

Article 19.

Minors under the age of 18 shall not be criminally liable under this Code.

Where a minor of that age commits a criminal act, he may be liable in accordance with the provisions of the law governing the criminal responsibility of the minor.

This Article enters into force on 13 January 2001, as provided for in final provision 7.1 of Organic Law 5/2000, of 12 January. Ref. BOE-A-2000-641

Article 20.

They are exempt from criminal liability:

1. Anyone who, at the time of committing the criminal offence, because of any anomaly or mental disturbance, cannot understand the wrongfulness of the act or act in accordance with that understanding.

Transitional mental disorder shall not be exempt from punishment if it has been provoked by the subject for the purpose of committing the offence or if it has been or should have been foreseen for its commission.

2. At the time of the commission of the criminal offence, the person is in a state of full intoxication for the consumption of alcoholic beverages, toxic drugs, narcotic drugs, psychotropic substances or other substances having similar effects, provided that he has not been sought for the purpose of committing the offence or that it has not been planned or should have been foreseen, or is under the influence of an abstinence syndrome, because of his dependence on such substances, which prevents him from understanding the wrongfulness of the act or acting in accordance with that understanding.

3. The one who, by suffering alterations in perception from birth or from childhood, has seriously altered the consciousness of reality.

4. Any person acting in defence of the person or rights of his or her own or of others, provided that the following requirements are met:

First. Illegal assault. In the case of the defence of property, unlawful aggression shall be considered an attack on the property which constitutes an offence and puts it in grave danger of imminent deterioration or loss. In the event of defence of the dwelling or its dependencies, unlawful aggression shall be recognized as improper entry into the dwelling or premises.

Second. Rational need of the means used to prevent or repel it.

Third. Lack of sufficient provocation by the human rights defender.

5.o Anyone who, in a state of necessity, in order to avoid his or her own or another person's evil harms another person's legal good or violates a duty, provided that the following requirements are met:

First. Let the evil caused not be greater than the one sought to be avoided.

Second. The situation of necessity was not intentionally provoked by the subject.

Third. That the needy shall not be obliged, by his office or office, to sacrifice himself.

6.o He who works driven by insurmountable fear.

7. Any person acting in the performance of a duty or in the legitimate exercise of a right, office or office.

In the case of the first three numbers, the security measures provided for in this Code shall apply where appropriate.

The first paragraph of paragraph 4 is amended by the sole article 13 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER III

The circumstances that mitigate criminal responsibility

Article 21.

These are extenuating circumstances:

1.a The cases expressed in the previous chapter, where not all the necessary requirements for exemption from liability in their respective cases are met.

2.a The act of the guilty party because of his serious addiction to the substances mentioned in the second paragraph of the preceding article.

3.a To act for causes or stimuli so powerful that they have produced outburst, obzcation, or other passional state of such an entity.

4.a The guilty party must confess to the authorities before knowing that the judicial proceedings are directed against him.

5.a The guilty party must have made reparation for the damage caused to the victim, or diminish its effects, at any time during the proceedings and prior to the conduct of the oral trial.

6.a Extraordinary and undue delay in the proceedings, provided that it is not attributable to the accused himself and is not commensurate with the complexity of the case.

7.a Any other circumstance of similar significance than the above.

Circumstances 6a and 7a are renumbered and 6a are amended by article 1 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

CHAPTER IV

Of the circumstances aggravating criminal responsibility

Article 22.

These are aggravating circumstances:

1.a Execute the fact with alevosis.

There is pride when the guilty person commits any of the crimes against the persons by employing in the execution means, modes or forms that tend directly or especially to secure it, without the risk that for his person could proceed from the defence by the offended person.

2.a Execute the act in disguise, with abuse of superiority or taking advantage of the circumstances of place, time or assistance of other persons who weaken the defence of the offended person or facilitate the impunity of the offender.

3.a Execute the fact by price, reward or promise.

4. a To commit the offence on racist, anti-Semitic, anti-gypsy or other grounds of discrimination relating to the ideology, religion or belief of the victim, the ethnic group, race or nation to which he belongs, his sex, age, sexual or gender orientation or identity, gender, aporophobia or social exclusion, illness or disability, irrespective of whether such conditions or circumstances actually occur with the person on whom the conduct is directed.

5.a To deliberately and inhumanely increase the suffering of the victim, causing the victim unnecessary suffering for the execution of the crime.

6.a Dealing with abuse of trust.

7.a Prevalence of the public character of the guilty party.

8.a Reoffending.

There is a repeat offence where, when committing a crime, the offender has been convicted executoryly of an offence falling within the same title of this code, provided that it is of the same nature.

For the purposes of this number, the criminal record cancelled or due to be a criminal record shall not be counted, nor those corresponding to minor offences, except as provided for the types aggravated by multi-recidence of minor offences.

Final convictions of judges or courts imposed in other European Union States will have the effect of recidivism unless the criminal record has been or could be cancelled under Spanish law.

The 8th circumstance is amended by art. 2.1 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

The fourth circumstance is amended by the sole article 1 of Organic Law 6/2022 of 12 July. Ref. BOE-A-2022-11588

Circumstance 4a is amended by final provision 6.1 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Circumstances 4a and 8a are amended by article 14 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Circumstances 4a are amended by article 2 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

CHAPTER V

The mixed kinship circumstance

Article 23.

It is a circumstance that may mitigate or aggravate liability, depending on the nature, motives and effects of the offence, be or have been the aggrieved spouse or person who is or has been linked in a stable manner by similar affectivity relationship, or be ascendant, descendant or brother by nature or adoption of the offender or his spouse or cohabitant.

It is amended by art. 1.1 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

CHAPTER VI

General provisions

Article 24.

1. For criminal purposes, authority shall be recognized as having control or exercising jurisdiction of itself or as a member of any corporation, tribunal or collegial body. In any event, the members of the Congress of Deputies, the Senate, the Legislative Assemblies of the Autonomous Communities and the European Parliament shall be considered as an authority. Officials of the Public Prosecutor's Office and prosecutors of the European Public Prosecutor's Office shall also be regarded as authoritative.

2. Any person who, by immediate provision of the Act or by election or by appointment of a competent authority, participates in the exercise of public functions shall be regarded as a public official.

Paragraph 1 is amended by final provision 4.1 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

Article 25.

For the purposes of this Code, disability is defined as a situation in which a person with permanent physical, mental, intellectual or sensory impairments is found who, by interacting with various barriers, may limit or impede his or her full and effective participation in society on an equal basis with others.

Also for the purposes of this Code, a person with disabilities in need of special protection shall mean a person with disabilities who, whether or not he or she has a judicially modified capacity to act, requires assistance or support in the exercise of his or her legal capacity and in the making of decisions concerning his or her person, rights or interests because of his or her intellectual or mental deficiencies of a permanent nature.

It is amended by article 15 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 26.

For the purposes of this Code, any material medium that expresses or incorporates data, facts or narratives with evidentiary effectiveness or any other type of legal relevance is considered a document.

TITLE II

Persons criminally responsible for crimes

The heading is amended by article 16 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 27.

The perpetrators and accomplices are criminally responsible for the crimes.

It is amended by article 17 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 28.

It is the authors who carry out the act alone, jointly or through another instrument.

They will also be considered authors:

(a) Those who directly induce another or others to execute it.

(b) Those who cooperate in the execution of an act without which it would not have been carried out.

Article 29.

Those who, not covered by the preceding article, cooperate in the execution of the act with previous or simultaneous acts are complicit.

Article 30.

1. In crimes committed using mechanical means or means of dissemination, neither accomplices nor those who have favored them personally or in fact will be held criminally liable.

2. The authors referred to in article 28 shall respond in a phased, exclusionary and subsidiary manner in accordance with the following order:

1. Those who have actually drafted the text or produced the sign in question, and those who have induced them to do so.

2. The directors of the publication or programme in which it is disseminated.

3. The directors of the publishing, broadcasting or broadcasting company.

4.o The directors of the recording, player or printer company.

3. Where, for any reason other than the termination of criminal liability, including the declaration of default or residence outside Spain, none of the persons included in any of the above numbers may be prosecuted, the proceedings shall be directed against those mentioned in the number immediately thereafter.

Paragraph 1 is amended by the sole article 18 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 31.

A person acting as administrator of fact or of law of a legal person, or on behalf of, or legal or voluntary representation of, another, shall be personally responsible, even if the conditions, qualities or relationships required by the relevant offence are not present in him or her in order to be an active subject of the offence, if such circumstances occur in the entity or person in whose name or representation he or she acts.

It is amended by article 19 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 2 is deleted by Article 3 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 1 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 31 bis.

1. In the cases provided for in this Code, legal persons shall be criminally liable:

(a) Offences committed on behalf of or on behalf of the legal person, and for its direct or indirect benefit, by their legal representatives or by those who, acting individually or as members of an organ of the legal person, are authorized to make decisions on behalf of the legal person or have powers of organization and control within the legal person.

(b) Of the offences committed, in the exercise of social activities and on behalf of and for the direct or indirect benefit of them, by those who, being subject to the authority of the natural persons referred to in the preceding paragraph, have been able to carry out the acts because of their grave breach of the duties of supervision, supervision and control of their activity in the light of the specific circumstances of the case.

2. If the offence is committed by the persons referred to in point (a) of the preceding paragraph, the legal person shall be exempt from liability if the following conditions are met:

1. the administrative body has effectively adopted and implemented, prior to the commission of the offence, organizational and management models that include appropriate monitoring and control measures to prevent crimes of the same nature or to significantly reduce the risk of their commission;

2. the supervision of the operation and compliance with the prevention model in place has been entrusted to a body of the legal person with autonomous powers of initiative and control or legally entrusted with the function of monitoring the effectiveness of internal controls of the legal person;

3. Individual perpetrators have committed the crime by fraudulently circumventing organizational and prevention models and

4.a There has been no omission or insufficient exercise of the oversight, monitoring and control functions of the body referred to in condition 2.a

In cases where the above circumstances can only be subject to partial accreditation, this circumstance shall be assessed for the purpose of mitigating the penalty.

3. In small legal persons, the supervisory functions referred to in condition 2a of paragraph 2 may be assumed directly by the administrative body. For this purpose, legal persons of small size are those who, according to the applicable law, are entitled to submit short-term profit and loss accounts.

4. If the offence is committed by the persons referred to in paragraph 1(b), the legal person shall be exempt from liability if, prior to the commission of the offence, it has effectively adopted and implemented an organizational and management model that is appropriate to prevent offences of the nature of which it was committed or to significantly reduce the risk of its commission.

In this case the attenuation provided for in the second subparagraph of paragraph 2 of this Article shall also apply.

5. The organisational and management models referred to in condition 1a of paragraph 2 and the preceding paragraph shall meet the following requirements:

1. Identify activities in which crimes that must be prevented may be committed.

2. Establish protocols or procedures that give effect to the process of formation of the will of the legal person, of decision-making and of execution thereof in relation to them.

3. They shall have models for the management of adequate financial resources to prevent the commission of crimes to be prevented.

4. They shall impose an obligation to report any risks and non-compliances to the agency responsible for monitoring the operation and observance of the prevention model.

5.o Establish a disciplinary system that adequately punishes non-compliance with the measures established by the model.

6.o Perform periodic verification of the model and its possible modification when relevant breaches of its provisions are revealed, or when changes occur in the organization, control structure or activity that make them necessary.

It is amended by article 20 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The first subparagraph of paragraph 5 is amended by the sole article 1 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

It is added by article 4 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 31 ter.

1. The criminal liability of legal persons shall be enforceable provided that it is established that an offence has been committed by a person holding the charges or functions referred to in the preceding article, even if the particular natural person responsible has not been individualized or it has not been possible to conduct proceedings against him. Where the penalty of fine is imposed on both judges or courts as a result of the same acts, the respective amounts shall be adjusted so that the resulting amount is not disproportionate to the seriousness of the latter.

2. Concurrence, in persons who have physically carried out the acts or in whom they have made them possible because they have not exercised proper control, of circumstances affecting the guilt of the accused or aggravating his or her responsibility, or the fact that such persons have died or have been removed from justice, shall not exclude or modify the criminal liability of legal persons, without prejudice to the provisions of the following article.

It is added by Article 21 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 31 quater.

1. Only the following activities may be considered mitigating circumstances of the criminal responsibility of legal persons having carried out, after the commission of the offence and through their legal representatives:

(a) To have proceeded, before hearing that the judicial proceedings are directed against her, to confess the offence to the authorities.

(b) To have collaborated in the investigation of the act by providing evidence, at any time during the trial, that was new and decisive in clarifying the criminal responsibilities arising from the facts.

(c) To have proceeded at any time during the proceedings and prior to the oral trial to make reparation for or reduce the damage caused by the offence.

(d) Have, before the commencement of the oral trial, put in place effective measures to prevent and detect crimes that may be committed in the future with the means or under the cover of the legal person.

It is added by article 22 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 31 quinquies.

1. The provisions concerning the criminal liability of legal persons shall not apply to the State, to territorial and institutional public administrations, to regulatory bodies, to public business agencies and entities, to international organizations governed by public law, or to other organizations exercising public powers of sovereignty or administrative authority.

2. In the case of public commercial companies carrying out public policies or providing services of general economic interest, only the penalties provided for in Article 33(7)(a) and (g) may be imposed on them. This limitation shall not apply where the judge or court finds that it is a legal form created by its promoters, founders, administrators or representatives for the purpose of avoiding any criminal liability.

It is added by article 23 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

TITLE III

Penalties

CHAPTER I

From the penalties, their classes and effects

Section 1.a: Penalties and their Classes

Article 32.

The penalties that may be imposed under this Code, either primarily or as accessory, are deprivation of liberty, deprivation of other rights and a fine.

Article 33.

1. Depending on their nature and duration, penalties are classified as severe, less severe and mild.

2. These are serious penalties:

(a) Revisable permanent prison.

(b) Prisons exceeding five years.

(c) Absolute disqualification.

(d) Special disqualifications for more than five years.

(e) Suspension of employment or public office for more than five years.

(f) Deprivation of the right to drive motor vehicles and mopeds for a period longer than eight years.

(g) Deprivation of the right to possession and possession of weapons for a period exceeding eight years.

(h) Deprivation of the right to reside in or attend certain places for a period exceeding five years.

(i) The prohibition of approaching the victim or those of his or her relatives or other persons determined by the judge or court, for a period exceeding five years.

(j) The prohibition of communicating with the victim or with those of his or her relatives or other persons determined by the judge or court, for a period of more than five years.

(k) Deprivation of parental authority.

3. Less severe penalties:

(a) A prison term of three months to five years.

(b) Special disqualifications for up to five years.

(c) Suspension of employment or public office for up to five years.

(d) Deprivation of the right to drive motor vehicles and mopeds for one year and one day to eight years.

(e) Deprivation of the right to hold and bear weapons for one year and one day to eight years.

(f) Special disqualification for the exercise of profession, trade or trade relating to animals and for the holding of animals for one year and one day to five years.

(g) Deprivation of the right to reside in or attend certain places, for a period of six months to five years.

(h) The prohibition of approaching the victim or those of his or her relatives or other persons determined by the judge or court, for a period of six months to five years.

(i) The prohibition of communicating with the victim or with relatives or other persons determined by the judge or court, for a period of six months to five years.

(j) A fine of more than three months.

(k) The proportional fine, whatever its amount, except as provided for in paragraph 7 of this Article.

(l) Work for the benefit of the community for thirty-one days to one year.

4. These are minor penalties:

(a) Deprivation of the right to drive motor vehicles and mopeds from three months to one year.

(b) Deprivation of the right to hold and bear arms for three months to one year.

(c) Special disqualification for the exercise of a profession, trade or trade relating to animals and for the holding of animals from three months to one year.

(d) Deprivation of the right to reside in or attend certain places for a period of less than six months.

(e) The prohibition of approaching the victim or those of his or her relatives or other persons determined by the judge or court, for a period of one month to less than six months.

(f) The prohibition of communicating with the victim or with relatives or other persons determined by the judge or court, for a period of one month to less than six months.

(g) A fine of up to three months.

(h) The permanent location of one day to three months.

(i) Work for the benefit of the community from one to thirty days.

5. Subsidiary personal liability for non-payment of a fine shall be less serious or less minor in nature, depending on the penalty it replaces.

6. Additional penalties shall be for the duration of the main penalty, except as expressly provided for in other provisions of this Code.

7. The penalties applicable to legal persons, which are all considered serious, are as follows:

(a) Fine for assessed or proportional contributions.

(b) Dissolution of the legal person. The dissolution shall result in the definitive loss of its legal personality, as well as of its ability to act in any way in legal traffic, or to carry out any kind of activity, even if it is lawful.

(c) Suspension of its activities for a period not exceeding five years.

(d) Closure of their premises and establishments for a period not exceeding five years.

(e) Prohibition of carrying out in the future the activities in which the offence has been committed, favoured or concealed. This prohibition may be temporary or definitive. If temporary, the period may not exceed 15 years.

(f) Disqualification from obtaining subsidies and public aid, from engaging with the public sector and from enjoying tax or social security benefits and incentives for a period not exceeding fifteen years.

(g) Judicial intervention to safeguard the rights of workers or creditors for as long as is deemed necessary, which may not exceed five years.

The intervention may affect the entire organisation or be limited to any of its facilities, sections or business units. The judge or court, in the judgment or subsequently by order, shall determine exactly the content of the intervention and determine who will take charge of the intervention and within what time limits it shall make follow-up reports to the judicial body. The intervention may be modified or suspended at any time following a report by the financial controller and the Public Prosecutor. The financial controller shall have the right to access all the premises and facilities of the undertaking or legal person and to receive as much information as he deems necessary for the performance of his duties. The aspects related to the performance of the role of financial controller, such as the remuneration or qualification required, shall be determined by regulation.

Temporary closure of premises or establishments, suspension of social activities and judicial intervention may also be agreed by the Instructor Judge as a precautionary measure during the investigation of the case.

Paragraphs 2 to 4 are amended by article 24 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 3 (j), 4 (g) are amended and 2 (j), 3 (l), 3 (m) and 7 are added by the sole article 5 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 2, 3, 4 and 6 are amended by the sole article 2 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Paragraphs 2(g), 3.f) are amended and a point (b)a is added to paragraph 4 by Article 1.1-3 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

Article 34.

There shall be no penalty:

1. Detention and pretrial detention and other precautionary measures of a criminal nature.

2. Fines and other corrections which, in the use of governmental or disciplinary powers, are imposed on subordinates or administrators.

3. Deprivations of rights and restorative sanctions provided by civil or administrative laws.

Section 2. Custodial penalties

Article 35.

Revisable permanent detention, imprisonment, permanent location and subsidiary personal liability for non-payment of a fine are custodial sentences. Their enforcement, as well as the prison benefits resulting in shorter sentences, shall be in accordance with the provisions of the law and this Code.

It is amended by article 25 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 3 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 36.

1. The penalty of permanent imprisonment shall be reviewed in accordance with article 92.

The classification of the convicted person in the third grade must be authorized by the court on the basis of an individualized and favourable forecast of social reintegration, after hearing the Public Prosecutor's Office and penitentiary institutions, and may not be carried out:

(a) Up to 20 years ' effective imprisonment, in the event that the offender was convicted of an offence under Chapter VII of Title XXII of Book II of this Code.

(b) Until the end of 15 years ' effective imprisonment, in the remaining cases.

In such cases, the sentenced person may not be granted leave of absence until he has completed a minimum of 12 years ' imprisonment, in the case provided for in point (a) and eight years ' imprisonment, as provided for in point (b).

2. The penalty of imprisonment shall be at least three months and at the latest twenty years, except as exceptionally provided for in other provisions of this Code.

Where the term of imprisonment is longer than five years, the judge or court may order that the classification of the convicted person into the third degree of prison treatment shall not be carried out until half the sentence imposed.

In any case, where the term of imprisonment is longer than five years and the offences listed below are involved, the classification of the sentenced person in the third degree of prison treatment may not be carried out until half of the sentence has been served:

(a) Offences relating to terrorist organizations and groups and terrorist offences under Chapter VII of Title XXII of Book II of this Code.

(b) Offences committed within a criminal organization or group.

(c) Offences under Title VII bis of Book II of this Code, where the victim is a minor or a person with disabilities in need of special protection.

(d) Offences under article 181.

(e) Offences under Chapter V of Title VIII of Book II of this Code, where the victim is under sixteen years of age.

In the cases of (c), (d) and (e), if the sentence is more than five years in prison, the classification of the convicted person in the third degree of prison treatment may not be carried out without assessment and specific report on the use by the convicted person of the treatment programme for convicted persons for sexual assault.

3. The judicial prison supervision authority, following an individualized and favourable forecast of social reintegration and assessing, where appropriate, the personal circumstances of the convicted person and the evolution of re-educational treatment, may reasonably agree, after hearing the Public Prosecutor ' s Office, the Prison Institutions and the other parties, to the application of the general compliance regime, except in the cases referred to in the preceding paragraph.

4. In any event, the judicial prison supervision authority, as appropriate, may agree, upon a report from the Public Prosecutor ' s Office, the Prison Institutions and the other parties, to progress to third grade for humanitarian reasons and personal dignity of very serious convicted persons with incurable sufferings and of the septuagenarians, with particular regard to their low level of danger.

Paragraphs 2 and 3 are amended and paragraph 4 is added, with effect from 7 October 2022, by final provision 4.1 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 26 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 2 is amended by article 6 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by the sole article 4 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 1.1 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

Article 37.

1. The permanent location will last up to six months. The execution of the sentence obliges the convicted person to remain in his or her home or in a particular place fixed by the judge in a judgement or subsequently in a reasoned order.

However, in cases in which permanent location is provided for as a main penalty, in view of the repetition in the commission of the offence and provided that this is expressly provided for by the specific applicable provision, the judge may, in a judgement, agree that the penalty of permanent location shall be carried out on Saturdays, Sundays and public holidays in the prison nearest to the home of the convicted person.

2. If the convicted person so requests and the circumstances so advise, the prosecutor's office may, after hearing the case, decide that the sentence shall be served on Saturdays and Sundays or on a non-continuing basis.

3. If the convicted person fails to comply with the sentence, the sentencing judge or court shall take evidence to proceed in accordance with article 468.

4. In order to ensure effective compliance, the judge or court may agree on the use of mechanical or electronic means allowing the location of the accused.

Paragraph 1 is amended and Article 4 is added by Article 7 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953.

It is amended by article 5 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 38.

1. When the accused is in prison, the length of the sentence will begin to be counted from the day the sentence has been final.

2. Where the convicted person is not a prisoner, the length of the sentence shall begin to be counted from the time he enters the appropriate establishment for his execution.

Section 3.a on custodial sentences

Article 39.

The following penalties are deprivation of rights:

(a) Absolute disqualification.

(b) Persons with special disqualification from public employment or office, profession, trade, industry or commerce, or other activities, whether or not they are remunerated, or from the rights of parental authority, guardianship, guardianship or wardship, possession of animals, right to passive suffrage or any other right.

(c) Suspension of employment or public office.

(d) Deprivation of the right to drive motor vehicles and mopeds.

(e) Deprivation of the right to possess and bear arms.

(f) Deprivation of the right to reside in or to attend certain places.

(g) The prohibition of approaching the victim or those of his or her relatives or other persons determined by the judge or court.

(h) The prohibition of communicating with the victim or with those of his or her relatives or other persons determined by the judge or court.

(i) Work for the benefit of the community.

(j) Deprivation of parental authority.

Paragraph (b) is amended by final provision 6.2 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 27 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Point (j) is added by article 8 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 6 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Point (f) is amended by Art. 1.4 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

Article 40.

1. The penalty of absolute disqualification shall be six to 20 years; those of special disqualification shall be three months to 20 years; and the penalty of suspension of employment or public office shall be three months to six years.

2. The penalty of deprivation of the right to drive motor vehicles and mopeds, and deprivation of the right to hold and bear weapons, shall be three months to 10 years.

3. The penalty of deprivation of the right to reside in or go to certain places shall be up to 10 years. The prohibition of approaching or communicating with the victim or those of his or her relatives or other persons shall last from one month to 10 years.

4. The penalty for work for the benefit of the community shall be one day to one year.

5. The duration of each of these penalties shall be as provided for in the preceding paragraphs, except as exceptionally provided for in other provisions of this Code.

It is amended by article 7 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 1.1 of Organic Law 7/2000 of 22 December. Ref. BOE-A-2000-23659

Article 41.

The penalty of absolute disqualification results in the permanent deprivation of all public honours, jobs and offices held by the convicted person, even if they are elected. It also results in the inability to obtain the same or any other public honours, positions or jobs, and the inability to be elected to public office, during the time of the conviction.

Article 42.

The penalty of special disqualification from employment or public office results in the permanent deprivation of the employment or position to which it falls, even if it is elected, and of the honours attached to it. It also results in the inability to obtain the same or similar, during the time of conviction. The sentence should specify the jobs, charges and honours on which the disqualification falls.

It is amended by article 8 of Organic Law 15/2003 of 25 November.Ref. 2003/21538

Article 43.

The suspension of employment or public office deprives the convicted person of his or her exercise during the time of the sentence.

Article 44.

Special disqualification from the right to stand as a candidate deprives the convicted person, during the time of conviction, of the right to be elected to public office.

Article 45.

Special disqualification for profession, trade, industry or commerce or other activities, whether or not remunerated, or any other right, which must be expressly and motivated by the sentence, deprives the sentenced person of the power to exercise them during the time of the sentence. The judicial authority may restrict the disqualification from certain activities or functions of the profession or office, whether paid or not, by allowing, if possible, the performance of those functions not directly related to the offence committed.

It is amended by final provision 6.3 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Article 46.

Special disqualification from the exercise of parental authority, guardianship, guardianship, guardianship, guardianship or care deprives the convicted person of the rights inherent in the former, and implies the extinction of the others, as well as the inability to obtain appointment to such positions during the time of conviction. The penalty of deprivation of parental authority implies the loss of the right to parental rights, and the rights of which the son or daughter is entitled to in respect of the convicted person that are determined by the courts shall continue to exist. The judicial authority may agree on such penalties in respect of all or some of the minors or persons with disabilities in need of special protection who are in charge of the convicted person.

In order to specify which rights of minors or persons with disabilities are to be maintained in the event of deprivation of parental authority and to determine which persons the penalty is agreed upon, the judicial authority shall assess the best interests of the minor or persons with disabilities, in relation to the circumstances of the particular case.

For the purposes of this article, parental rights include both those regulated by the Civil Codeincluding extended and rehabilitated institutions, such as similar institutions provided for in the civil law of the Autonomous Communities.

It is amended by final provision 6.4 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

It is amended by article 9 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 9 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 47.

The imposition of the penalty of deprivation of the right to drive motor vehicles and mopeds shall disqualify the convicted person from exercising both rights during the time fixed in the sentence.

The imposition of the penalty of deprivation of the right to possession and bearing of weapons shall disqualify the convicted person from exercising this right for the time specified in the sentence.

Where the penalty is imposed for a period exceeding two years, it shall entail the loss of the validity of the licence or licence which it permits for driving or holding and carrying, respectively.

Paragraph 3 is added by the sole article 1 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Article 48.

1. Deprivation of the right to reside in or go to certain places prevents the convicted person from residing or going to the place where the crime was committed, or to the place where the victim or his family resides, if different. In cases where an intellectual disability or a disability has been declared to have its origin in a mental disorder, the specific case shall be considered in order to resolve it with due regard for the legal assets to be protected and the best interests of the person with disabilities who, if necessary, shall have the means of accompanying and supporting the measure.

2. The prohibition of approaching the victim, or those of his relatives or other persons determined by the judge or court, prevents the sentenced person from approaching them, in any place where they are, as well as from approaching their homes, places of work and any other places of employment frequented by them, with the suspension of the regime of visits, communication and stay, which, if necessary, has been recognized in a civil sentence until the full execution of this sentence.

3. The prohibition of communicating with the victim, or with relatives or other persons determined by the judge or court, prevents the convicted person from establishing with them, by any means of communication or computer or telematic means, written, verbal or visual contact.

4. The judge or court may agree that the control of these measures shall be carried out through such electronic means as may permit.

Paragraph 1 is amended by article 28 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 1 is amended by article 10 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 10 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 1.5 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

Article 49.

Work for the benefit of the community, which may not be imposed without the consent of the convicted person, obliges him to provide his unremunerated cooperation in certain activities of public utility, which may consist, in relation to offences of a similar nature to that committed by the convicted person, of works of reparation for the damage caused or of support or assistance to the victims, as well as participation of the convicted person in workshops or training programmes of re-education, labour, cultural, road education, sexual, peaceful resolution of conflicts, positive parenthood and other similar. Its daily duration may not exceed eight hours and its conditions shall be as follows:

1.a The execution shall be carried out under the supervision of the Prison Supervision Judge, who shall, to that end, require reports on the performance of the work to the Administration, public entity or association of general interest in which the services are provided.

2. A person shall not be guilty of any offence against the dignity of the prisoner.

3.a Work for the benefit of the community shall be facilitated by the Administration, which may establish appropriate agreements for that purpose.

4. Enjoy the protection afforded to prisoners under the penal law in the field of social security.

5.a It shall not be subject to the achievement of economic interests.

6.a The social prison services, having carried out the necessary verifications, shall inform the Prison Supervision Judge of the relevant incidences of the execution of the sentence and, in any case, if the sentenced person:

(a) Absence of work for at least two working days, provided that this implies a voluntary refusal on the part of the worker to serve the sentence.

(b) Despite the requirements of the head of the workplace, their performance was significantly below the required minimum.

(c) Repeatedly oppose or fail to comply with the instructions given to him by the person responsible for the occupation concerning the development of the occupation.

(d) For any other reason, his conduct is such that the person responsible for the work refuses to keep him in the centre.

Once the report has been assessed, the Prison Supervision Judge may agree to be executed in the same facility, send the sentenced person to complete the execution of the report in another facility or understand that the sentenced person has failed to comply with the sentence.

In the event of non-compliance, evidence shall be taken to proceed in accordance with article 468.

7.a If the convicted person fails to work for justifiable reasons, it shall not be understood as abandonment of the activity. However, the lost work shall not be counted in the liquidation of the sentence, in which the days or days actually worked must be recorded of the total amount imposed on it.

The first paragraph is amended by final provision 6.5 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

The first paragraph is amended by article 11 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 11 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 4. Fines

Article 50.

1. The penalty of a fine shall be the imposition of a financial penalty on the convicted person.

2. A fine shall be imposed, unless otherwise provided by law, on the basis of the fine-day system.

3. Its minimum length will be ten days and the maximum of two years. Penalties for fines imposed on legal persons shall not exceed five years.

4. The daily fee shall be at least two and a maximum of 400 euros, except for fines levied on legal persons, where the daily fee shall be at least 30 and at most 5,000 euros. For the purposes of calculation, when the duration is fixed by months or years, the months shall be understood to be 30 days and the years of three hundred and sixty.

5. The judges or tribunals shall determine on a reasoned basis the length of the sentence within the limits established for each offence and in accordance with the rules of Chapter II of this Title. They shall also fix in the judgment the amount of these quotas, taking into account exclusively the financial situation of the prisoner, deducted from his assets, income, family obligations and burdens and other personal circumstances thereof.

6. The court may, for justified reasons, authorize the payment of the fine within a period not exceeding two years from the date of the final judgment, either once or within such time limits as may be determined. In this case, the default of two of them will determine the maturity of the remaining ones.

Paragraphs 3 and 4 are amended by article 12 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 3, 4 and 6 are amended by the sole article.12 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 51.

If, after the sentence, the financial situation of the sentenced person is varied, the judge or court may exceptionally, after due investigation of the situation, change both the amount of the periodic contributions and the time limits for payment.

It is amended by article 13 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 52.

1. Notwithstanding the provisions of the preceding articles and where the Code so determines, the fine shall be established in proportion to the damage caused, the value of the object of the offence or the benefit reported by the offence.

2. In such cases, judges and courts shall impose a fine within the limits set for each offence, considering in each case its amount, not only the mitigating and aggravating circumstances of the act, but mainly the financial situation of the offender.

3. If, after the sentence, the financial situation of the convicted person worsens, the judge or court may exceptionally, after due investigation of the situation, reduce the amount of the fine within the limits specified by law for the offence in question, or authorize its payment within such time limits as may be determined.

4. In cases where this Code provides for a penalty of fine for legal persons in proportion to the benefit obtained or facilitated, to the damage caused, to the value of the object, or to the amount defrauded or improperly obtained, if calculation on the basis of such concepts is not possible, the Judge or Court shall state the impossibility of such calculation and the fines provided for shall be replaced by the following:

(a) A fine of between two and five years if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) A fine of one to three years if the offence committed by the natural person is punishable by imprisonment for more than two years not covered by the preceding subparagraph.

(c) Fine from six months to two years, in the remaining cases.

Paragraph 4 is added by Article 13 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 14 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 53.

1. If the sentenced person fails to comply, voluntarily or by coercion, with the fine imposed, he shall be subject to a personal liability of one day ' s deprivation of liberty for every two unpaid daily contributions, which, in the case of minor offences, may be carried out by permanent location. In this case, the limitation laid down in Article 37(1) shall not apply.

The judge or court may also, subject to the consent of the convicted person, agree that subsidiary liability shall be carried out through work for the benefit of the community. In this case, each day of deprivation of liberty shall be equivalent to one working day.

2. In cases of a proportional fine, judges and tribunals shall, in accordance with their prudent discretion, establish the appropriate subsidiary personal liability, which may not in any case exceed one year. The judge or court may also agree, with the consent of the convicted person, that it shall be carried out through work for the benefit of the community.

3. This subsidiary liability shall not be imposed on persons sentenced to imprisonment for more than five years.

4. Compliance with subsidiary liability extinguishes the obligation to pay the fine, even if the financial situation of the convicted person improves.

5. The payment of the fine imposed on a legal person may be divided for a period of up to five years, where the amount of the fine proves to endanger the survival of the legal person or the maintenance of the existing jobs in the legal person, or where the general interest so advises. If the sentenced legal person fails to comply, voluntarily or by means of a constraint, with the fine imposed within the specified period, the Court may agree to intervene until the full payment of the fine.

Paragraph 1 is amended by article 29 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 5 is added by the sole article 14 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 1, 3 and 4 are amended by the sole article 15 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 5. Ancillary penalties

Article 54.

The penalties of disqualification are accessory in cases where, not imposing them in particular, the Act declares that other penalties carry them with them.

Article 55.

A term of imprisonment of 10 years or more shall entail absolute disqualification during the time of the sentence, unless the sentence is already provided for as the main penalty for the case in question. The judge may also order special disqualification from the exercise of parental authority, guardianship, guardianship, guardianship, custody or care, or deprivation of parental authority, where these rights have been directly related to the offence committed. This link must be expressly determined in the judgment.

It is amended by article 15 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 56.

1. In the case of imprisonment of less than 10 years, judges or courts shall, in view of the gravity of the offence, impose any or some of the following additional penalties:

1. Suspension of employment or public office.

2. Special disqualification from the right to vote during the time of conviction.

3. Special disqualification for public employment or office, profession, trade, industry, commerce, exercise of parental authority, guardianship, guardianship, guardianship, guardianship or care or any other right, deprivation of parental authority, if these rights had been directly related to the offence committed, and this connection must be expressly determined in the sentence, without prejudice to the application of article 579 of this Code.

2. The provisions of this article are without prejudice to the application of the provisions of other provisions of this Code with regard to the imposition of such penalties.

Section 1.3 is amended by article 16 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 16 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 57.

1. The judicial authorities, in the offences of homicide, abortion, injury, freedom, torture and moral integrity, trafficking in human beings, sexual freedom and compensation, privacy, the right to one ' s own image and inviolability of the home, honour, property, socio-economic order and family relations, taking into account the seriousness of the facts or the danger posed by the offender, may agree in their sentences to impose one or more of the prohibitions provided for in article 48, for a period not exceeding 10 years if the offence is serious, or five if it is less serious.

Notwithstanding the foregoing, if the sentenced person is sentenced to imprisonment and the judge or court agrees to impose one or more of these prohibitions, it shall do so for a period of between one and ten years than the term of imprisonment imposed in the sentence, if the offence is serious, and between one and five years, if it is less serious. In this case, the penalty of imprisonment and the above prohibitions shall necessarily be carried out by the convicted person simultaneously.

2. In the cases of offences referred to in the first subparagraph of paragraph 1 of this article committed against a spouse or a person who is or has been linked to a convicted person for a similar relationship of affection even without cohabitation, or upon descendants, ascendants or siblings by nature, adoption or affinity, either of his or her spouse or cohabitant, or upon minors or persons with disabilities in special need of protection living with him or her or who are subject to the power, guardianship, guardianship, guardianship, foster care or de facto care of the spouse or cohabitant, or upon a person covered by any other relationship by which he or she is integrated into the nucleus of his or her family, as well as persons who, because of their special vulnerability, are placed in custody or in public or private institutions, shall in any case be accorded the application of the penalty provided for in article 48 (2) for a period not exceeding 10 years if the offence is serious, or five years if it is less serious, without prejudice to the provisions of the second subparagraph of the preceding paragraph.

3. The prohibitions laid down in Article 48 may also be imposed for a period not exceeding six months for the commission of the offences referred to in the first subparagraph of paragraph 1 of this Article which are considered to be minor offences.

Paragraph 1 is amended by final provision 6.6 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 30 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 17 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 1.6 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

It is amended by art. 4 of Organic Law 11/1999, of 11 April. Ref. BOE-A-1999-9744

Section 6. Common provisions

Article 58.

1. The period of deprivation of liberty provisionally suffered shall be paid in full by the sentencing judge or court for the purpose of serving the sentence or penalties imposed in the case in which the deprivation of liberty was agreed upon, except as it coincides with any deprivation of liberty imposed on the sentenced person in another case, which has been paid or is payable to him. In no case may the same period of deprivation of liberty be paid in more than one case.

2. Pretrial detention in a case other than that ordered shall be granted ex officio or at the request of the convicted person and after verification that it has not been paid in another case, by the Prison Supervision Judge of the jurisdiction of the prison centre in which the convicted person is held, after hearing the Public Prosecutor ' s Office.

3. He shall be remanded in custody in another case only if the preventive measure is subsequent to the criminal acts which gave rise to the penalty to which he is intended to pay.

4. The above rules shall also apply in respect of deprivations of rights that are provisionally agreed.

Paragraph 1 is amended by article 17 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 18 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 59.

Where the precautionary measures and the sentence imposed are of a different nature, the judge or court shall order that the sentence imposed on that party deemed to have been compensated be executed.

Article 60.

1. If, after a final judgement, the sentenced person has a lasting situation of serious mental disorder which prevents him from knowing the meaning of the penalty, the Prison Supervision Judge shall suspend the execution of the custodial sentence imposed on him, ensuring that he receives the necessary medical assistance, for which purpose he may order the imposition of a custodial security measure that cannot be more severe than the substituted sentence. If the penalty is of a different nature, the A judge of prison supervision will assess whether the situation of the convicted person allows him to know the meaning of the sentence and, if necessary, suspend the execution by imposing the necessary security measures.

The Supervisory Judge shall inform the Public Prosecutor's Office, with sufficient advance notice, the next termination of the sentence or security measure imposed, for the purposes of the first additional provision of this Code.

2. If the sentence has not been served, the sentenced person shall serve his or her mental health, without prejudice to the fact that the judge or court, for reasons of fairness, may terminate the sentence or reduce its duration, to the extent that the sentence is unnecessary or counterproductive.

Paragraph 1 is amended by article 19 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER II

Enforcement of sentences

Section 1.a General rules for the application of penalties

Article 61.

When the Act establishes a penalty, it is understood that it is imposed on the perpetrators of the completed offence.

Article 62.

Perpetrators of attempted crime shall be punished by one or two degrees less than that prescribed by the Act for the crime of consummation, to the extent deemed appropriate, taking into account the danger inherent in the attempt and the degree of execution achieved.

Article 63.

Complicit in a consummate or attempted offence shall be liable to a penalty lower than that prescribed by the Act for the perpetrators of the same offence.

Article 64.

The above rules shall not apply in cases where attempt and complicity are particularly punishable by law.

Article 65.

1. Aggravating or mitigating circumstances consisting of any cause of a personal nature shall aggravate or mitigate the liability of only those in which they are present.

2. Those which consist in the material execution of the act or the means used to carry it out, shall serve only to aggravate or mitigate the responsibility of those who have become aware of it at the time of the action or of their cooperation for the crime.

3. Where the necessary inducer or co-operator does not meet the conditions, qualities or personal relations that support the author ' s guilt, the judges or courts may impose the penalty lower than that prescribed by law for the offence in question.

Paragraph 1 is amended and Article 20 of Organic Law No. 15/2003 of 25 November is added to Article 3. Ref. BOE-A-2003-21538

Article 66.

1. In the application of the penalty, in the case of malicious offences, the following rules shall be observed by the judges or courts, depending on whether or not there are mitigating or aggravating circumstances:

1.a When only an extenuating circumstance occurs, they shall apply the penalty in the lower half of that prescribed by law for the offence.

2.a Where two or more extenuating circumstances, or one or more highly qualified circumstances, and no aggravating circumstance occurs, they shall apply the penalty by one or two degrees lower than that prescribed by law, taking into account the number and entity of such mitigating circumstances.

3.a When only one or two aggravating circumstances occur, they shall apply the penalty in the upper half of the penalty prescribed by law for the offence.

4.a Where more than two aggravating circumstances are present and no mitigating circumstance occurs, they may apply the penalty one degree higher to the extent prescribed by law, in its lower half.

5.a When the aggravating circumstance of recidivism occurs with the qualification that the offender has been sentenced to execution for at least three offences falling under the same title of this Code, provided that they are of the same nature, they may apply the penalty higher than that provided by law for the offence in question, taking into account the previous convictions, as well as the seriousness of the new offence committed.

For the purposes of this rule, the criminal record that has been or should have been cancelled shall not be taken into account.

6.a Where there are no mitigating or aggravating circumstances, they shall apply the penalty prescribed by law for the offence committed, to such extent as they deem appropriate, in view of the offender ' s personal circumstances and the greater or lesser seriousness of the act.

7.a When mitigating and aggravating circumstances are present, they shall rationally assess and compensate for the individualization of the penalty. In the event of the persistence of a qualified basis of mitigation, they shall apply the lesser penalty in degree. If a qualified grounds for aggravation is maintained, they shall apply the penalty in the upper half.

8.a When judges or courts apply the lesser penalty to more than one degree, they may do so to the full extent.

2. In minor offences and in reckless offences, judges or courts shall apply the rules to their prudent discretion, without being subject to the rules prescribed in the preceding subparagraph, except for the provisions for types aggravated by multi-recidence of minor offences.

Paragraph 2 is amended by Art. 2.2 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

Paragraph 2 is amended by article 31 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 1.2 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

Article 66 bis.

The application of the penalties imposed on legal persons shall be subject to rules 1a to 4a and 6a to 8a of the first number of article 66, as well as to the following:

1.a In cases where they are established by the provisions of Book II, the imposition and extension of the penalties provided for in Article 33(7)(b) to (g) shall be decided upon:

(a) Their need to prevent the continuation of criminal activity or its effects.

(b) Its economic and social consequences, and especially its effects on workers.

(c) The position in the structure of the legal person occupies the natural person or body that breached the duty of control.

2.a Where the penalties provided for in article 33, paragraph 7 (c) to (g) are imposed for a limited period, the term of imprisonment may not exceed the maximum duration provided for in the case of the offence being committed by a natural person.

For the imposition of the penalties provided for in points (c) to (g) for a period of more than two years, one of the following two circumstances shall be necessary:

(a) The legal person is a repeat offender.

(b) The legal person is used instrumentally for the commission of criminal offences. The latter case shall be deemed to be in the case provided that the legal activity of the legal person is less relevant than its illegal activity.

Where the liability of the legal person, in the cases referred to in Article 31a(1)(b), results from a breach of the non-serious supervisory, supervisory and supervisory duties, such penalties shall in any event be of a maximum duration of two years.

For the permanent imposition of the penalties provided for in points (b) and (e) and for the imposition for a period of more than five years of those provided for in Article 33(7)(e) and (f), it is necessary that one of the following two circumstances be observed:

(a) The factual circumstances provided for in rule 5 of Article 66(1) are present.

(b) The legal person is used instrumentally for the commission of criminal offences. The latter case shall be deemed to be in the case provided that the legal activity of the legal person is less relevant than its illegal activity.

Rule 2a is amended by article 32 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by article 18 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 67.

The rules of the preceding article shall not apply to aggravating or mitigating circumstances which the Act has taken into account in describing or punishing an offence, or to those which are in such a way inherent in the offence which, without the concurrence of the latter, could not be committed.

Article 68.

In the cases provided for in the first circumstance of article 21, judges or courts shall impose the penalty by one or two degrees lower than that specified by law, having regard to the number and entity of the requirements that are lacking or that are met, and the personal circumstances of the perpetrator, without prejudice to the application of article 66 of this Code.

It is amended by article 21 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 69.

The provisions of the law governing the criminal liability of the minor may apply to persons over the age of eighteen years and under the age of twenty-one who commit a criminal act, in cases and under the conditions prescribed by the law.

This Article enters into force on 13 January 2001, as provided for in final provision 7.1 of Organic Law 5/2000, of 12 January. Ref. BOE-A-2000-641

Article 70.

1. The penalty higher and lower in degree than that provided by law for any offence shall be the extent resulting from the application of the following rules:

1.a the penalty one degree higher shall be formed on the basis of the maximum figure specified by law for the offence in question and shall be increased to half of its amount, the resulting amount being its maximum. The minimum limit of the penalty one degree higher in degree shall be the maximum penalty prescribed by law for the offence in question, increased by one day or one day fine according to the nature of the penalty to be imposed.

2.a The lower penalty shall be formed on the basis of the minimum figure indicated for the offence in question and by deducting from it half of its amount, the result of which shall be its minimum limit. The upper limit of the lower penalty in degree shall be the minimum penalty prescribed by law for the offence in question, reduced in a day or in a day by fine according to the nature of the penalty to be imposed.

2. For the purpose of determining the upper or lower half of the penalty or of establishing the lower or higher penalty to a degree, the day or day of the fine shall be considered indivisible and shall act as penological units of more or less, depending on the case.

3. Where, in the application of rule 1a of paragraph 1 of this Article, the penalty one degree higher in degree exceeds the maximum limits set for each penalty in this Code, the following shall be considered as immediately higher:

1. If the penalty is imprisonment, the same penalty, with the clause that its maximum duration shall be 30 years.

2. If it is an absolute or special disqualification, the same penalty, with the clause that its maximum duration shall be 30 years.

3. If it is suspended from employment or public office, the same penalty, with the clause that its maximum duration shall be eight years.

4. In the case of deprivation of the right to drive motor vehicles and mopeds, the same penalty shall be imposed, with the clause that its maximum duration shall be 15 years.

5. In the case of deprivation of the right to possession and possession of weapons, the same penalty shall be imposed, with the provision that the maximum duration of the deprivation shall be 20 years.

6. In the case of deprivation of the right to reside in or to attend certain places, the same penalty shall be imposed, with the clause that the maximum duration shall be 20 years.

7. In the case of a prohibition of approaching the victim or those of his relatives or other persons determined by the judge or court, the same penalty shall be imposed, with the clause that its maximum duration shall be 20 years.

8. In the case of a prohibition of communication with the victim or with those of his family or other persons determined by the judge or court, the same penalty shall be imposed, with the clause that the maximum duration shall be 20 years.

9. If a fine is imposed, the same penalty shall be imposed, with the clause that the maximum duration of the fine shall be 30 months.

4. The penalty lower than the penalty of permanent imprisonment is imprisonment from 20 to 30 years.

Paragraph 4 is added by the sole article 33 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 22 of Organic Law 15/2003, 25 November. Ref. BOE-A-2003-21538

Article 71.

1. In determining the lesser penalty to a degree, judges or courts shall not be limited by the minimum amounts specified in the law to each type of penalty, but may reduce them in the form resulting from the application of the relevant rule.

2. However, where, pursuant to the above rules, a penalty of imprisonment of less than three months is imposed, it shall in any event be replaced by a fine, work for the benefit of the community, or permanent location, even if the law does not provide for such punishments for the offence in question, replacing each day of imprisonment by two fine quotas or by one working day or by one day of permanent location.

It is amended by article 34 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 23 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 72.

In the application of the sentence, judges or courts shall, in accordance with the rules contained in this chapter, reason in the sentence the specific degree and extent of the sentence imposed.

It is amended by article 24 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 2a Special rules for the application of penalties

Article 73.

The person responsible for two or more offences or misdemeanours shall be liable to all the penalties corresponding to the various offences for their simultaneous execution, if possible, for the nature and effects of the offences.

Article 74.

1. Notwithstanding the provisions of the preceding article, anyone who, in the execution of a pre-conceived plan or taking advantage of the same occasion, carries out a plurality of actions or omissions that offend one or more subjects and violate the same penal provision or precepts of the same or similar nature, shall be punished as a perpetrator of a crime or offence continued with the penalty specified for the most serious offence, which shall be imposed in the upper half of the penalty, being up to the lower half of the maximum penalty in degree.

2. In the case of offences against property, the penalty shall be imposed taking into account the total damage caused. In such offences, the judge or court shall, on grounds of reason, impose a higher penalty of one or two degrees, to the extent it deems appropriate, if the act is notoriously serious and has harmed a generality of persons.

3. Except as provided in the preceding paragraphs, offences against eminently personal property, except for offences against sexual honour and freedom and compensation affecting the same passive subject, shall be excluded. In such cases, the nature of the act and the provision infringed shall be taken into account in order to apply the criminal continuity or not.

It is amended by article 25 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 75.

Where all or some of the penalties corresponding to the various offences cannot be served simultaneously by the convicted person, the order of their respective gravity shall be followed for their subsequent execution, as far as possible.

Article 76.

1. Notwithstanding the provisions of the preceding article, the maximum effective execution of the conviction of the guilty person may not exceed three times the time for which the most severe of the sentences he has incurred are imposed on him, declaring those applicable extinguished since those already imposed cover that maximum, which may not exceed 20 years. Exceptionally, this ceiling shall be:

(a) 25 years, when the subject has been convicted of two or more offences and one of them is punished by law with imprisonment of up to 20 years.

(b) 30 years of age, when the subject has been convicted of two or more offences and one of them is punished by law with imprisonment for more than 20 years.

(c) 40 years of age, when the subject has been convicted of two or more offences and at least two of them are punishable by law by imprisonment for more than 20 years.

(d) 40 years of age, when the subject has been convicted of two or more offences relating to terrorist organizations and groups and terrorist offences under Chapter VII of Title XXII of Book II of this Code and any of them is punishable by law with imprisonment for more than 20 years.

(e) Where the subject has been convicted of two or more offences and at least one of them is punishable by law with a revised permanent prison sentence, the provisions of articles 92 and 78 bis shall apply.

2. The limitation will apply even if the penalties have been imposed in different proceedings when they have been imposed for acts committed before the date on which those who, being the subject of cumulation, were prosecuted were first.

It is amended by article 35 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The references to the offences indicated by additional provision 1 of Organic Law 5/2010 of 22 June are amended. Ref. BOE-A-2010-9953

It is amended by art. 1.2 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

Article 77.

1. The provisions of the two preceding articles do not apply in the case of a single act constituting two or more offences, or where one of them is a means of committing the other.

2. In the first case, the penalty provided for the most serious offence shall be applied in the upper half of the sentence, not exceeding the penalty to be applied if the offences are punishable separately. Where the penalty thus calculated exceeds this limit, offences shall be punished separately.

3. In the second case, a higher penalty shall be imposed than the one that would have corresponded, in the specific case, to the most serious offence, and which may not exceed the sum of the specific penalties that would have been imposed separately for each of the offences. Within these limits, the judge or court shall determine the penalty in accordance with the criteria set out in article 66. In any event, the sentence imposed may not exceed the limit of duration provided for in the preceding article.

It is amended by article 36 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 78.

1. If, as a result of the limitations set out in article 76 (1), the penalty to be served is less than half the total amount of the sentence imposed, the sentencing judge or court may agree that the prison benefits, exit permits, third-degree classification and the calculation of time for parole relate to the totality of the sentences imposed in the sentences.

2. In such cases, the supervisory judge, following an individualized and favourable prognosis of social reintegration and assessing, where appropriate, the personal circumstances of the accused and the evolution of the re-educational treatment, may reasonably agree, after hearing the Public Prosecutor ' s Office, penitentiary institutions and the other parties, to the application of the general compliance regime.

In the case of offences relating to terrorist organizations and groups and terrorist offences of Chapter VII of Title XXII of Book II of this Code, or committed within criminal organizations, and in the light of the total sum of the penalties imposed, the above possibility shall apply only:

(a) At the third grade, when one fifth of the maximum limit for serving a sentence remains to be met;

(b) Probation, when one eighth of the maximum sentence is to be served.

Paragraph 2 is amended and paragraph 3 is deleted by Article the sole Article, point 37 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The references to the offences indicated by additional provision 1 of Organic Law 5/2010 of 22 June are amended. Ref. BOE-A-2010-9953

It is amended by art. 1.3 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

Article 78 bis.

1. Where the subject has been convicted of two or more offences and at least one of them is punished by law with a revised permanent prison sentence, progress to third degree shall require compliance:

(a) A minimum of 18 years ' imprisonment, where the person has been convicted of a number of offences, one of which is liable to a revised term of permanent imprisonment and the remainder of the sentences imposed is a total of more than five years.

(b) A minimum of 20 years ' imprisonment, when the person sentenced has been convicted of several offences, one of which is punishable by a permanent prison sentence which may be reviewed and the remainder of the sentences imposed to a total of more than 15 years.

(c) A minimum of twenty-two years ' imprisonment, if the person sentenced has been convicted of several offences and two or more of them are punishable by a permanent prison sentence that can be reviewed, or one of them is punished by a permanent prison sentence that can be reviewed and the other sentences imposed total twenty-five years or more.

2. In such cases, the suspension of the execution of the remainder of the sentence shall require that the sentenced person be extinguished:

(a) A minimum of 25 years ' imprisonment, in the cases referred to in points (a) and (b) of the preceding subparagraph.

(b) A minimum of 30 years ' imprisonment under (c) of the preceding paragraph.

3. In the case of offences relating to terrorist organizations and groups and terrorist offences of Chapter VII of Title XXII of Book II of this Code, or committed within criminal organizations, the minimum limits of compliance for access to the third degree of classification shall be twenty-four years' imprisonment, in the cases referred to in points (a) and (b) of paragraph 1, and thirty-two years' imprisonment in paragraph 1 (c).

In such cases, the suspension of the execution of the remainder of the sentence shall require that the sentenced person has extinguished a minimum of 28 years of imprisonment, in the cases referred to in points (a) and (b) of the first paragraph, and thirty-five years of imprisonment in the case of point (b)^(*) in the first subparagraph.

(*) We understand that it refers to point (c) of the first paragraph.

It is added by article the sole Article, point 38 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 79.

Provided that the judges or courts impose a penalty that carries with them other accessory persons, they shall also expressly condemn the latter.

CHAPTER III

Alternative forms of enforcement of custodial sentences and probation.

The heading is amended by article 26 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 1.a on the suspension of the enforcement of custodial sentences

Article 80.

1. Judges or courts may, by reasoned decision, suspend the execution of custodial sentences not exceeding two years when it is reasonable to expect that the execution of the sentence is not necessary to prevent the future commission of new offences.

In order to make this decision, the judge or court shall assess the circumstances of the offence committed, the personal circumstances of the convicted person, his/her background, his/her post-factional conduct, in particular his/her effort to redress the harm caused, his/her family and social circumstances, and the effects that he/she may expect from the suspension of the execution and from the enforcement of the measures imposed.

2. The following conditions shall be necessary to suspend the execution of the sentence:

1. That the convicted person committed a crime for the first time. For this purpose, previous convictions for negligent offences or minor offences shall not be taken into account, unless they constitute a type aggravated by multi-reciprocal minor offences, or criminal records that have been or should have been cancelled pursuant to article 136. Nor shall criminal records be taken into account for offences which, by their nature or circumstances, are irrelevant to assessing the likelihood of future offences.

2.a The penalty or the sum of those imposed shall not exceed two years, without including in such a calculation the penalty resulting from the non-payment of the fine.

3.a The civil liabilities arising from the confiscation agreed to in a judgement under article 127 have been satisfied and the confiscation effected.

This requirement shall be deemed to be met when the convicted person undertakes to satisfy civil liability according to his or her economic capacity and to facilitate the agreed confiscation, and it is reasonable to expect that the said obligation will be met within the reasonable period of time determined by the judge or court. The judge or court may, in view of the scope of civil liability and the social impact of the offence, request such guarantees as it deems appropriate to ensure compliance.

3. Exceptionally, even if conditions 1a and 2a of the preceding subparagraph do not apply, and provided that they are not habitual prisoners, it may be agreed that the penalty of imprisonment which individually does not exceed two years may be suspended where the personal circumstances of the accused, the nature of the act, his conduct and, in particular, the effort to repair the damage caused, so advises.

In such cases, suspension shall always be conditional on the effective remedy of damage or compensation for injury caused in accordance with its physical and economic possibilities, or on compliance with the agreement referred to in article 84, paragraph 1.a. Likewise, one of the measures referred to in paragraphs 2a or 3a of the same provision shall always be imposed, with an extension that may not be less than that resulting from the application of the conversion criteria set out in the same paragraph on one fifth of the sentence imposed.

4. Judges and courts may grant the suspension of any sentence imposed without any requirement in the event that the convicted person is suffering from a very serious illness with incurable suffering, unless at the time of the commission of the offence he or she already had another penalty suspended for the same reason.

5. Even if conditions 1 and 2 set out in paragraph 2 of this article are not met, the judge or court may agree to suspend the execution of custodial sentences not exceeding five years of those who have committed the offence because of their dependence on the substances referred to in article 20, paragraph 2, provided that they are sufficiently certified by duly accredited or approved public or private institution or service that the convicted person is disused or subjected to treatment for that purpose at the time of the decision on suspension.

The judge or court may order that the necessary checks be carried out to verify compliance with the above requirements.

In the event that the convicted person is being treated for disqualification, the suspension of the execution of the sentence shall also be conditional on the person not leaving the treatment until its completion. Relapses in treatment will not be understood as abandonment if they do not show a definitive cessation of treatment of dishabituation.

6. In offences which may be prosecuted only on the basis of a complaint or a complaint by the injured party, the judges and courts shall hear him and, where appropriate, his representative, before granting the benefits of the suspension of the execution of the sentence.

Rule 1a of paragraph 2 is amended by Article 2.3 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

It is amended by article 39 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 1 is amended by article 27 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 81.

The period of suspension shall be two to five years for custodial sentences not exceeding two years, and three months to one year for minor sentences, and shall be determined by the judge or court, having regard to the criteria set out in the second subparagraph of Article 80(1).

If the suspension has been agreed in accordance with paragraph 5 of the preceding Article, the period of suspension shall be three to five years.

It is amended by article 40 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Condition 2a is amended by article 28 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

Article 82.

1. The judge or court shall rule on the suspension of the execution of the sentence whenever possible. In other cases, once the sentence has been declared final, it shall, after hearing the parties, give the parties the utmost urgency to decide whether or not to suspend the execution of the sentence.

2. The period of suspension shall be counted from the date of the decision that agrees. If the suspension has been agreed upon in a judgment, the period of suspension shall be calculated from the date on which it has become final.

A period of suspension shall not be counted as one in which the convicted person has been held in absentia.

It is amended by article 41 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 29 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 83.

1. The judge or court may make suspension conditional on compliance with the following prohibitions and duties where this is necessary to avoid the danger of further offences, without imposing excessive and disproportionate duties and obligations:

1. a Prohibition of approaching or communicating with the victim or his family or other persons determined by the judge or court, his or her domiciles, workplaces or other places usually frequented by them. The imposition of this prohibition shall always be communicated to the persons for whom it is agreed.

2.a Prohibition of contacting particular persons or members of a particular group, where there are indications that such persons may reasonably provide the opportunity to commit or incite further offences.

3.a Keeping his place of residence in a particular place with a prohibition on leaving or temporarily absenting him or her without the authorization of the judge or court.

4.a Prohibition of residence in or access to a particular place, where the opportunity or motive for committing new offences may be found therein.

5.a To be personally present at such intervals as may be determined before the judge or court, police units or administration service as may be determined, in order to inform and justify their activities.

6.a Participate in training, labour, cultural, road, sexual education, environmental protection, animal protection, equal treatment and non-discrimination, peaceful conflict resolution, positive parenthood and other similar programmes.

7.a Participate in programmes to discourage the consumption of alcohol, toxic drugs or narcotic substances, or to treat other addictive behaviours.

8.a Prohibition of driving motor vehicles which do not have technological devices that make them ignition or operating subject to prior verification of the physical conditions of the driver, where the subject has been convicted of an offence against road safety and the measure is necessary to prevent the possible commission of new offences.

9.a To perform such other duties as the judge or court may deem appropriate for the social rehabilitation of the convicted person, subject to the agreement of the convicted person, provided that they do not infringe on his dignity as a person.

2. In the case of offences committed against a woman by her spouse, or by anyone who is or has been linked to her by a similar relationship of affection, even without cohabitation, the prohibitions and duties set forth in rules 1a, 4a and 6a of the preceding subparagraph shall always be imposed.

The above prohibitions and duties shall also be imposed in the case of offences against sexual freedom, forced marriage, female genital mutilation and trafficking in human beings.

3. The imposition of any of the prohibitions or duties set forth in rules 1.a, 2.a, 3.a, or 4.a of paragraph 1 of this article shall be communicated to the State Security Forces and Bodies, which shall ensure their compliance. Any possible breach or circumstance relevant to the assessment of the danger of the convicted person and the possibility of future commission of new offences shall be immediately communicated to the Public Prosecutor ' s Office and the judge or court of execution.

4. The supervision of the performance of the duties referred to in rules 6a, 7a and 8a of paragraph 1 of this article shall be carried out by the prison administration ' s services for the management of sentences and alternative measures. These services shall inform the executing judge or court of compliance at least quarterly, in the case of rules 6a and 8a, and six months, in the case of 7a and, in any event, at its conclusion.

They shall also immediately report any relevant circumstances in order to assess the dangerousness of the convicted person and the possibility of future commission of new offences, as well as breaches of the obligation imposed or their effective performance.

A second subparagraph is added to paragraph 2, with effect from 7 October 2022, by final provision 4.2 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraph 1.6.a is amended by final provision 6.7 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 42 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 1.5 is amended by article 19 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

The second subparagraph of paragraph 1.6a is amended by Article 33 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Paragraph 1 is amended by article 30 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Paragraph 1.1(o bis) is amended by article 2. 1.7 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

Point 1(a) is added to paragraph 1 by Article 5 of Organic Law 11/1999 of 11 April. Ref. BOE-A-1999-9744

Article 84.

1. The judge or court may also make the suspension of the execution of the sentence conditional on the performance of any or some of the following benefits or measures:

1.a Compliance with the agreement reached by the parties under mediation.

2.a The payment of a fine, the length of which shall be determined by the judge or court in the light of the circumstances of the case, which shall not exceed that resulting from the imposition of two fine fees for each day of imprisonment within a maximum limit of two thirds of its duration.

3.a The performance of work for the benefit of the community, especially when appropriate as a form of symbolic reparation in view of the circumstances of the act and the perpetrator. The duration of such work shall be determined by the judge or court in the light of the circumstances of the case, but may not exceed that of calculating one day of work for each day of imprisonment within a maximum limit of two thirds of its duration.

2. If it is an offence committed against a woman by her spouse or by a person who is or has been linked to her by a similar relationship of affection, even without cohabitation, or upon descendants, ascendants or siblings by nature, adoption or affinity of his or her spouse or cohabitant, or upon minors or persons with disabilities in special need of protection who live with him or who are subject to the power, guardianship, guardianship, guardianship, foster care or de facto care of the spouse or cohabitant, payment of the fine referred to in measure 2a of the preceding subparagraph may be imposed only if it is established that there are no economic relations between them arising from a conjugal relationship, cohabitation or filiation, or from the existence of a common descent.

It is amended by article 43 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 3 is amended by Art. 34 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Paragraph 3 is added by the sole article.31 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 85.

During the period of suspension of the sentence, and in view of the possible modification of the circumstances assessed, the judge or court may amend the decision that it had previously taken pursuant to articles 83 and 84, and agree to lift all or any of the prohibitions, duties or benefits that had been agreed upon, their modification or replacement by others that are less burdensome.

It is amended by article 44 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 32 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 86.

1. The judge or court shall revoke the suspension and order the execution of the sentence if the sentenced person:

(a) He is convicted of an offence committed during the period of suspension, and this shows that the expectation underlying the decision to suspend it can no longer be maintained.

(b) Seriously or repeatedly violate the prohibitions and duties imposed on it under article 83, or derogate from the control of the prison administration ' s prison administration ' s prison administration and alternative measures.

(c) Serious or repeated failure to comply with the conditions for suspension which had been imposed under article 84.

(d) Provide inaccurate or insufficient information on the whereabouts of assets or objects whose confiscation has been agreed upon; fail to comply with the commitment to pay the civil responsibilities to which he has been convicted, unless he lacks the economic capacity to do so; or provide inaccurate or insufficient information on his property, in breach of the obligation imposed by article 589 of the Convention; Civil Procedure Act.

2. If the failure to comply with prohibitions, duties or conditions has not been serious or repeated, the judge or court may:

(a) To impose new prohibitions, duties or conditions on the convicted person or to modify those already imposed.

(b) To extend the period of suspension, which may not in any case exceed half the duration of the period originally fixed.

3. In the event of revocation of the suspension, the costs incurred by the sentenced person in order to make good the damage caused by the offence pursuant to article 84 (1) shall not be refunded. However, the judge or court shall pay to the penalty payments and the performance of work which has been performed or performed pursuant to measures 2a and 3.a.

4. In all previous cases, the judge or court will decide after hearing the Prosecutor and the other parties. However, it may revoke the suspension of the execution of the sentence and order the immediate admission of the sentenced person to prison where it is essential to avoid the risk of criminal repetition, the risk of escape from the convicted person or to ensure the protection of the victim.

The judge or court may agree to conduct such verification proceedings as may be necessary and agree to hold an oral hearing when it deems it necessary to decide.

It is amended by article 45 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 87.

1. After the period of suspension fixed without the person having committed an offence showing that the expectation on which the decision of suspension was based can no longer be maintained and that the rules of conduct established by the judge or court are sufficiently complied with, the judge or court shall agree to the remission of the sentence.

2. However, in order to agree on the remission of the sentence that has been suspended pursuant to Article 80(5), the disqualification of the subject or the continuity of the treatment must be established. Otherwise, the judge or court shall order its execution, unless, after hearing the relevant reports, it deems it necessary to continue the treatment; in such a case it may reasonably grant an extension of the period of suspension for a period not exceeding two years.

It is amended by article 46 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 1 and 4 are amended by article 33 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 2.a: Substitution of custodial sentences

Article 88.

(Deleted).

It is deleted by Article 47 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The first and third paragraphs of paragraph 1 are amended by the sole article.20 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

The third subparagraph of paragraph 1 is amended by Article 35 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

It is amended by article 34 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 89.

1. The sentences of imprisonment of more than one year imposed on a foreign citizen shall be replaced by his expulsion from Spanish territory. Exceptionally, where it is necessary to ensure the defence of the legal order and to restore confidence in the validity of the rule infringed by the offence, the judge or court may agree to execute a part of the sentence which may not exceed two thirds of its length, and to replace the remainder with the expulsion of the convicted person from Spanish territory. In any event, the remainder of the sentence shall be replaced by the expulsion of the convicted person from Spanish territory when he or she has reached the third degree or is granted parole.

2. Where a sentence of more than five years ' imprisonment, or several penalties exceeding that term, has been imposed, the judge or court shall agree to execute all or part of the penalty, to the extent necessary to ensure the defence of the legal order and to restore confidence in the validity of the rule infringed by the offence. In such cases, the execution of the remainder of the sentence shall be replaced by the expulsion of the convicted person from Spanish territory, when the convicted person carries out the part of the sentence that has been determined, enters the third degree or is granted parole.

3. The judge or court shall decide in a decision on the replacement of the execution of the sentence whenever possible. In the other cases, once the sentence has been declared final, it shall, after hearing the Prosecutor and the other parties, give its opinion as to whether or not to replace the sentence.

4. It shall not be replaced if, in view of the circumstances of the act and the author ' s personal circumstances, in particular his roots in Spain, the expulsion is disproportionate.

The expulsion of a citizen of the European Union shall take place only when he or she represents a serious threat to public order or public security in view of the nature, circumstances and gravity of the offence committed, his or her personal background and circumstances.

If he has resided in Spain during the previous ten years, he shall be expelled if, in addition:

(a) He has been convicted of one or more offences against life, liberty, physical integrity and sexual liberty and compensation, punishable by a maximum prison sentence of more than five years, and a serious risk that he may commit crimes of the same nature is well-founded.

(b) He was convicted of one or more terrorist or other offences committed within a criminal group or organization.

In such cases, the provisions of paragraph 2 of this Article shall apply.

5. An alien may not return to Spain within five to ten years, from the date of his expulsion, on the basis of the length of the sentence replaced and the personal circumstances of the sentenced person.

6. Expulsion shall be accompanied by the filing of any administrative proceedings for the purpose of authorization to reside or work in Spain.

7. If the expelled alien returns to Spain before the end of the period of time established by law, he or she shall serve the penalties that were replaced, unless, exceptionally, the judge or court reduces their duration when their performance proves unnecessary to ensure the defence of the legal order and restore confidence in the legal norm infringed by the offence, in view of the time elapsed since the expulsion and the circumstances in which the breach occurred.

However, if he is caught at the border, he will be expelled directly by the governing authority, starting to re-count the period of prohibition of entry into his integrity.

8. Where, when the expulsion is agreed in any of the cases provided for in this article, the alien is not or is not effectively deprived of his liberty in execution of the sentence imposed, the judge or court may, in order to ensure the expulsion, agree to his or her placement in a detention centre for aliens, in accordance with the terms and with the limits and guarantees provided by law for governmental expulsion.

In any event, if the sentence of deprivation of liberty is replaced by expulsion, it cannot be carried out, the original sentence or the period of sentence pending shall be carried out or the suspension of the execution of the sentence, if any.

9. The penalties imposed for the commission of the offences referred to in articles 177 bis, 312, 313 and 318 bis shall not be replaced.

It is amended by article 48 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 21 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 1, 2 and 3 are amended by Article 1.3 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

Paragraph 4 is added by additional provision 2 of Organic Law 8/2000 of 22 December. Ref. BOE-A-2000-23660

Section 3. Conditional release

Article 90.

1. The prison supervision judge shall agree to suspend the execution of the remainder of the prison sentence and grant conditional release to the sentenced person who fulfils the following requirements:

(a) It is classified in third degree.

(b) He has extinguished three quarters of the sentence imposed.

(c) Have observed good conduct.

In order to decide on the suspension of the execution of the remainder of the sentence and granting of parole, the prison supervision judge shall assess the personality of the sentenced person, his background, the circumstances of the crime committed, the relevance of the legal assets that could be affected by a repetition of the offence, his conduct during the execution of the sentence, his family and social circumstances, and the effects that may be expected from the suspension of the execution itself and from the enforcement of the measures imposed.

A suspension shall not be granted if the convicted person has not satisfied the civil liability arising from the offence in the circumstances and in accordance with the criteria set out in paragraphs 5 and 6 of the Article 72 of Organic Law 1/1979 of 26 SeptemberGeneral Jail.

2. It may also agree to suspend the execution of the remainder of the sentence and grant conditional release to those convicted who meet the following requirements:

(a) Two thirds of their sentence has been extinguished.

(b) During the execution of their sentence, they have engaged in work, cultural or occupational activities, either on a continuous basis, or with a profit from which a relevant and favourable change has been made to those of their personal circumstances related to their previous criminal activity.

(c) Proves compliance with the requirements referred to in the preceding subparagraph, except that he has extinguished three quarters of his sentence.

On the proposal of the Prison Institutions and following a report by the Public Prosecutor's Office and the other parties, having complied with the circumstances of subparagraphs (a) and (c) above, the Prison Supervision Judge may, after half of the sentence has expired, advance the granting of conditional release in relation to the period provided for in subparagraph (a) and (c) above, up to a maximum of 90 days for each year after the actual execution of the sentence. This measure shall require the convicted person to carry out the activities referred to in subparagraph (b) of this paragraph on a continuous basis and to demonstrate, in addition, the effective and favourable participation in reparation programmes for victims or treatment or detoxification programmes, where appropriate.

3. Exceptionally, the prison supervision judge may agree to suspend the execution of the remainder of the sentence and grant conditional release to those sentenced to the following conditions:

(a) That they are serving their first sentence of imprisonment and that the term of imprisonment does not exceed three years.

(b) They have extinguished half of their sentence.

(c) proving compliance with the requirements referred to in paragraph 1, except that three quarters of his sentence has been extinguished, as well as with the sentence referred to in point (b) of the preceding paragraph.

This regime shall not apply to convicted persons who have committed an offence against sexual freedom and compensation.

4. The prison supervision judge may refuse to suspend the execution of the remainder of the sentence where the sentenced person has given inaccurate or insufficient information on the whereabouts of property or objects the confiscation of which has been agreed upon; fails to fulfil, in accordance with his capacity, the commitment to pay the civil responsibilities to which he has been convicted; or provides inaccurate or insufficient information on his property, in breach of the obligation imposed by article 589 of the Constitution. Civil Procedure Act.

It may also refuse to suspend the execution of the remainder of the sentence imposed for any of the offences provided for in Title XIX of Book II of this Code, where the convicted person has evaded the performance of the pecuniary responsibilities or the reparation of the economic damage caused to the Administration to which he has been convicted.

5. In cases of suspension of execution of the remainder of the sentence and granting of parole, the rules contained in articles 83, 86 and 87 shall apply.

The prison supervision judge may, in the light of any change in the circumstances assessed, amend the decision previously taken pursuant to article 83, and agree to impose new prohibitions, duties or benefits, or to amend those already agreed upon or to lift them.

In addition, the prison supervision judge shall revoke the suspension of the remainder of the sentence and the conditional release granted when a change in the circumstances resulting from the suspension is revealed which would no longer allow the forecast of a lack of danger on which the decision was based.

The remainder of the sentence shall be suspended for two to five years. In any event, the period of suspension of execution and probation may not be shorter than the period of the part of the sentence pending execution. The period of suspension and parole shall be counted from the date of release of the convicted person.

6. The revocation of the suspension of execution of the remainder of the sentence and parole shall result in the execution of the part of the sentence pending execution. The time spent on parole shall not be counted as the time of serving the sentence.

7. The prison supervision judge shall decide ex officio on the suspension of the execution of the remainder of the sentence and on the granting of conditional release at the request of the convicted person. In the event that the request is not considered, the judge or court may set a period of six months, which may be duly extended to one year, until the claim can be re-examined.

8. In the case of persons convicted of crimes committed within criminal organizations or for any of the offences covered by Title XXII Chapter VII of Book II of this Code, the suspension of the execution of the remainder of the sentence imposed and the granting of parole requires that the convicted person show unequivocal signs of having abandoned the purposes and means of terrorist activity and has actively collaborated with the authorities, either to prevent the production of other offences by the terrorist organization or group, or to mitigate the effects of his crime, either for the identification, capture and prosecution of those responsible for terrorist crimes, for the purpose of obtaining evidence or for the purpose of preventing the operation or development of the organizations or associations to which he has belonged or with which he has collaborated, which may be demonstrated by an express declaration of repudiation of his criminal activities and the abandonment of violence and an express request for forgiveness of the victims of his crime, as well as by technical reports proving that the prisoner is truly detached from the terrorist organization and the environment and activities of illegal associations and groups surrounding him and his cooperation with the authorities.

Paragraphs 2 and 3 shall not apply to persons convicted of any of the offences covered by Chapter VII of Title XXII of Book II of this Code or for offences committed within criminal organizations.

It is amended by article 49 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The subparagraph "armed band" is deleted and the references to the offences indicated in additional provision 1 of Organic Law 5/2010 of 22 June are amended. Ref. BOE-A-2010-9953

It is amended by art. 1.4 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

Article 91.

1. Notwithstanding the provisions of the preceding article, persons who have attained the age of seventy years or who have served the sentence during the expiration of their sentence and who meet the requirements of the preceding article, except that three quarters of the sentence, two thirds or, where appropriate, half of the sentence, have extinguished the remainder of the sentence and that they have been released on parole.

The same criterion shall apply in the case of very serious patients suffering from incurable conditions, and this shall be established by the practice of medical reports which, in the opinion of the prison supervision judge, are deemed necessary.

2. Noting that the prison administration is in any of the cases referred to in the preceding paragraphs, it shall submit the case file on parole, with the urgency required by the case, to the prison supervision judge, who, when deciding on it, shall assess, together with personal circumstances, the difficulty of committing a crime and the minor danger to the subject.

3. If the danger to the life of the prisoner, due to his illness or his advanced age, is evident, as it is thus established by the opinion of the forensic doctor and the medical services of the penitentiary establishment, the judge or court may, without having to prove that any other requirement has been met and the lack of relevant danger of the convicted person is assessed, agree to suspend the execution of the remainder of the sentence and grant him parole without further delay than to require the final forecast report from the penitentiary in order to be able to make the assessment referred to in the preceding paragraph.

In this case, the convicted person shall be obliged to provide the prison medical service, the forensic doctor or any other person determined by the judge or court with the information necessary to assess the progress of his or her illness.

Failure to comply with this obligation may result in the revocation of the suspension of execution and of parole.

4. The provisions of paragraphs 4, 5 and 6 of the preceding Article are applicable to the case covered by this Article.

It is amended by article 50 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The references to the offences indicated by additional provision 1 of Organic Law 5/2010 of 22 June are amended. Ref. BOE-A-2010-9953

It is amended by art. 1.5 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

Article 92.

1. The court shall agree to suspend the execution of the revised permanent prison sentence when the following conditions are met:

(a) The sentenced person has served twenty-five years of his or her sentence, without prejudice to article 78 bis in cases regulated therein.

(b) It is classified in the third grade.

(c) That the court, in view of the personality of the convicted person, his/her background, the circumstances of the offence committed, the relevance of the legal assets that could be affected by a repetition of the offence, his/her conduct during the execution of the sentence, his/her family and social circumstances, and the effects that may be expected from the suspension of the execution itself and from the fulfilment of the measures imposed, may, after assessing the progress reports submitted by the prison and by the specialists determined by the court itself, establish the existence of a favourable forecast of social reintegration.

In the event that the convicted person has been convicted of several offences, the examination of the requirements referred to in point (c) shall be carried out by assessing all the offences committed together.

The court shall rule on the suspension of the sentence of permanent imprisonment subject to review following an oral adversarial procedure involving the Public Prosecutor ' s Office and the sentenced person, assisted by his lawyer.

2. In the case of offences involving terrorist organizations and groups and terrorist offences under Chapter VII of Title XXII of Book II of this Code, it will also be necessary for the convicted person to show unequivocal signs of having abandoned the purposes and means of terrorist activity and to have actively cooperated with the authorities, either to prevent the production of other crimes by the terrorist organization or group, or to mitigate the effects of their crime, either for the identification, capture and prosecution of those responsible for terrorist offences, for the purpose of obtaining evidence or for the purpose of preventing the operation or development of the organizations or associations to which they have belonged or with which they have collaborated, which can be credited by an express declaration of repudiation of their criminal activities and the abandonment of violence and an express request for forgiveness of the victims of their crime, as well as by technical reports proving that the prisoner is truly detached from the terrorist organization and the environment and activities of illegal associations and groups surrounding him and their cooperation with the authorities.

3. The suspension of execution shall be for a period of five to ten years. The period of suspension and parole shall be counted from the date of release of the convicted person. The rules contained in the second subparagraph of Article 80(1) and Articles 83, 86, 87 and 91 apply.

The judge or court may, in the light of the possible modification of the circumstances assessed, amend the decision it had previously taken pursuant to article 83, and agree to impose new prohibitions, duties or benefits, the modification of those already agreed upon, or the lifting thereof.

In addition, the prison supervision judge shall revoke the suspension of the remainder of the sentence and the conditional release granted when a change in the circumstances resulting from the suspension is revealed which would no longer allow the forecast of a lack of danger on which the decision was based.

4. The part of the sentence referred to in paragraph 1 (a) of this Article or, where applicable, in Article 78a, shall be reviewed by the court, at least every two years, for compliance with the remaining requirements of probation. The court shall also decide on requests for the release of the convicted person on parole, but may set a period of up to one year within which, after a request has been rejected, his new applications will not be acted upon.

It is stated that paragraph 3, third subparagraph, and paragraph 4, in the wording given by article 51 of Organic Law 1/2015 of 30 March, are not unconstitutional provided that they are interpreted in the sense established in legal basis 9 (b) of the Judgment of TC 169/2021 of 6 October. Ref. BOE-A-2021-18372

It is amended by article 51 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 35 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 93.

(Deleted).

It is deleted by article the sole Article, point 52 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The references to the offences indicated by additional provision 1 of Organic Law 5/2010 of 22 June are amended. Ref. BOE-A-2010-9953

The initial subparagraph is numbered as paragraph 1 and paragraphs 2 and 3 are added by Article 1.6 of Organic Law 7/2003 of 30 June. Ref. BOE-A-2003-13022

Section 4. Common provisions

Article 94.

For the purposes of section 2a of this chapter, persons who have committed three or more offences within the same chapter, within a period of not more than five years, and have been convicted, are considered habitual criminals.

In order to carry out this calculation, the time of possible suspension or replacement of the penalty in accordance with article 88 and the date of the commission of those offences which justify the assessment of habituality shall be considered.

It is amended by article 36 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 94 bis.

For the purposes provided for in this Chapter, final convictions of judges or courts imposed in other States of the European Union shall be of the same value as those imposed by Spanish judges or courts unless their records have been cancelled, or may be so under Spanish law.

It is added by the sole article.53 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

TITLE IV

Security measures

CHAPTER I

Security measures in general

Article 95.

1. The security measures shall be applied by the judge or court, subject to such reports as it deems appropriate, to persons in the cases provided for in the following chapter of this Code, provided that these circumstances are fulfilled:

1.a The subject has committed an act envisaged as an offence.

2.a That a forecast of future behaviour that reveals the likelihood of new offences may be derived from the individual ' s facts and circumstances.

2. Where the penalty that may have been imposed for the offence committed is not a deprivation of liberty, the sentencing judge or court may only agree on one or more of the measures provided for in article 96.3.

Paragraph 2 is amended by article 37 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 96.

1. The security measures that may be imposed under this Code are deprivation of liberty and not deprivation of liberty.

2. The following are custodial measures:

1.a Placement in a psychiatric facility.

2.a Placement in a disqualification centre.

3.a Placement in a special educational institution.

3. Non-custodial measures include:

1.a) Professional disqualification.

2. The expulsion from the national territory of aliens not legally resident in Spain.

3.a) Probation

4.a) Family custody. The person subject to this measure shall be subject to the care and supervision of the family member who is appointed and who accepts custody, who shall exercise it in relation to the Prison Supervision Judge and without prejudice to the school or work activities of the person in custody.

5. (a) Deprivation of the right to drive motor vehicles and mopeds.

6.a. Deprivation of the right to possession and bearing of arms.

Paragraph 3 is amended by article 22 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 38 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 97.

During the execution of the judgment, the sentencing judge or court shall, in accordance with the procedure laid down in the following Article, take any of the following decisions:

(a) To maintain the implementation of the security measure imposed.

(b) To order the cessation of any security measures imposed as soon as the criminal danger of the subject disappears.

(c) Replacing a security measure with a security measure that it considers to be more appropriate, including those envisaged for the case in question. If the replacement is agreed and the subject evolves unfavorably, the replacement shall be terminated and the substituted measure shall be applied again.

(d) To suspend the execution of the measure in view of the result already achieved by its application, for a period not exceeding that which is reduced to the maximum specified in the judgment which imposed it. The suspension shall be conditional on the subject not committing offences for the period fixed, and may be terminated if any of the circumstances provided for in Article 95 of this Code are again established.

It is amended by article 23 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 39 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 98.

1. For the purposes of the preceding article, in the case of a custodial security measure or a probation measure to be carried out after the execution of a custodial sentence, the Prison Supervision Judge shall be obliged to submit at least annually a proposal for its maintenance, cessation, replacement or suspension. In order to make such a proposal, the Prison Supervision Judge shall evaluate the reports issued by the doctors and professionals attending the person subject to a security measure or by the competent public administrations and, where appropriate, the results of the other actions ordered for this purpose.

2. In the case of any other non-custodial measure, the sentencing judge or court shall directly seek from the administrations, the doctors and professionals referred to in the preceding paragraph appropriate reports on the situation and progress of the convicted person, his or her degree of rehabilitation and the prognosis of recidivism or recurrence of crime.

3. In any event, the sentencing judge or court shall give a reasoned ruling in the light of the proposal or reports referred to in the preceding two paragraphs respectively, after hearing the person subject to the measure himself, as well as the Public Prosecutor's Office and the other parties. Victims of the crime who are not in person shall also be heard when they have requested it at the beginning or at any time of the execution of the sentence and remain traceable for that purpose.

It is amended by article 24 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 99.

In the event of the execution of custodial sentences and security measures, the judge or court shall order the execution of the measure, which shall be paid for the punishment. Once the security measure has been lifted, the judge or court may, if the effect achieved through the execution of the sentence is jeopardized, suspend the performance of the remainder of the sentence for a period not exceeding the duration of the sentence, or apply any of the measures provided for in article 96.3.

It is amended by article 40 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 100.

1. The breach of a security measure of detention shall result in the judge or court ordering the re-entry of the subject into the same facility from which he or she has escaped or into another one corresponding to his or her state.

2. In the case of other measures, the judge or court may agree to replace the breach with the detention measure if it is provided for in the case in question and if the breach proves its necessity.

3. In both cases, the judge or court shall infer testimony for the breach. For this purpose, the refusal of the subject to medical treatment or to continue initially consenting medical treatment shall not be considered a breach of the measure. However, the Judge or Court may agree to replace the initial treatment or subsequently rejected by another measure of the kind applicable to the case in question.

Paragraph 3 is amended by article 25 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by the sole article. 41 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER II

Implementation of security measures

Section 1. Custodial measures

Article 101.

1. A person who is declared exempt from criminal liability under Article 20 (1) may be subject to the measure of detention for medical treatment or special education in an establishment appropriate to the type of anomaly or mental disorder that is identified, or any other measure provided for in Article 96 (3). Detention may not exceed the length of the custodial sentence, if the person concerned has been found responsible, and for this purpose the judge or court shall set that maximum limit in the sentence.

2. A person subject to this measure may not leave the establishment without the authorization of the sentencing judge or court, in accordance with Article 97 of this Code.

Article 102.

1. Those exempted from criminal liability under Article 20 (2) shall be subject, if necessary, to the measure of detention in a public or private disqualification centre duly accredited or approved, or any other measure provided for in Article 96 (3). Detention may not exceed the period of time for which the sentence of deprivation of liberty would have been imposed if the person concerned had been found responsible, and for this purpose the judge or court shall set that limit in the sentence.

2. A person subject to this measure may not leave the establishment without the authorization of the sentencing judge or tribunal in accordance with Article 97 of this Code.

Article 103.

1. To those who are declared exempt from liability under Article 20 (3), the measure of placement in a special educational establishment or any other measure provided for in Article 96 (3) may be applied, if necessary. Detention may not exceed the length of the custodial sentence, if the person concerned has been found responsible and, to that end, the judge or court shall set that maximum limit in the sentence.

2. A person subject to this measure may not leave the establishment without the authorization of the sentencing judge or tribunal in accordance with Article 97 of this Code.

3. In this case, the proposal referred to in Article 98 of this Code shall be made upon completion of each course or grade of education.

Paragraph 3 is amended by Article 26 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 104.

1. In cases of incomplete defence in relation to the first, second and third parts of article 20, the judge or court may impose, in addition to the corresponding penalty, the measures provided for in articles 101, 102 and 103. However, the measure of detention shall apply only if the sentence imposed is a custodial sentence and its duration may not exceed that of the penalty provided for in the Code for the offence. Article 99 shall be applied.

2. Where a measure of detention is applied as provided for in the preceding paragraph or in articles 101, 102 and 103, the sentencing judge or court shall inform the Public Prosecutor's Office, in good time, of the proximity of its expiry, for the purposes of the first additional provision of this Code.

The content of article 1 is numbered and paragraph 2 is added by the sole article 42 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 2. Non-custodial measures

Article 105.

In the cases provided for in Articles 101 to 104, when imposing the measure of deprivation of liberty or during the execution of it, the judge or court may reasonably impose one or more measures listed below. It shall also impose one or more of these measures in the other cases expressly provided for in this Code.

1. For a period not exceeding five years:

(a) Probation.

(b) Family custody. The person subject to this measure shall be subject to the care and supervision of the designated family member who accepts custody, who shall exercise it in relation to the Supervisory Judge and without prejudice to the school or work activities of the person in custody.

2. For a period of up to ten years:

(a) Probation under this Code.

(b) Deprivation of the right to possess and bear arms.

(c) Deprivation of the right to drive motor vehicles and mopeds.

In order to order the obligation to observe any or all of the measures provided for in this article, and to give effect to this obligation when it is required by law to impose them, the sentencing judge or court shall evaluate the reports issued by the doctors and professionals responsible for assisting the person subject to the security measure.

The judge of prison supervision or the services of the relevant administration shall inform the judge or sentencing court.

In the cases provided for in this article, the sentencing judge or court shall provide that the competent social assistance services provide the assistance or care that is necessary and legally appropriate to the person subject to non-custodial security measures.

It is amended by article 27 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 43 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Paragraph 1 (g) is amended by article 3 of the Convention. 1.8 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

Point (g) is added to paragraph 1 by Article 6 of Organic Law 11/1999, of 11 April. Ref. BOE-A-1999-9744

Article 106.

1. Probation shall consist of the subjection of the sentenced person to judicial control through the performance by him of any or some of the following measures:

(a) The obligation to be always traceable by means of electronic devices that allow for continuous monitoring.

(b) The obligation to report periodically at the place established by the judge or court.

(c) To notify immediately, within the maximum time limit and by such means as the judge or court indicates for that purpose, each change of place of residence or place of employment.

(d) The prohibition of leaving the place where he or she resides or a certain territory without the authorization of the judge or court.

(e) The prohibition of approaching the victim, or those of his or her relatives or other persons determined by the judge or court.

(f) The prohibition of communicating with the victim, or with those of his or her relatives or other persons determined by the judge or court.

(g) The prohibition of access to certain territories, places or establishments.

(h) The prohibition of residence in certain places.

(i) The prohibition of carrying out certain activities that may offer or facilitate the occasion for the commission of criminal acts of a similar nature.

(j) The obligation to participate in training, labour, cultural, sex education or other similar programmes.

(k) The obligation to undergo external medical treatment or to undergo regular medical check-up.

2. Without prejudice to the provisions of article 105, the judge or court shall, in the sentence, impose a measure of probation for the purpose of serving the sentence of deprivation of liberty imposed, provided that this is expressly provided for in this Code.

In such cases, at least two months before the expiry of the custodial sentence, so that the measure of probation may be initiated at the same time, the Prison Supervision Judge shall, in accordance with the procedure provided for in Article 98, submit the appropriate proposal to the sentencing judge or court, which, in accordance with that procedure, shall, without prejudice to Article 97, specify the content of the measure by laying down the obligations or prohibitions listed in paragraph 1 of this article to be observed by the sentenced person.

If the latter has been sentenced to several custodial sentences to be served successively, the provisions of the preceding paragraph shall be construed as referring to the time when the execution of all such sentences has been completed.

In addition, the convicted person who has been sentenced for various other offences shall be subject to the same measures of probation which, given the content of the obligations or prohibitions laid down, cannot be carried out simultaneously, subject to successive execution, without prejudice to the fact that the judge or court may exercise the powers conferred on him by the following paragraph.

3. By the same procedure as Article 98, the Judge or Court may:

(a) To modify the obligations and prohibitions imposed in the future.

(b) To reduce or even terminate the duration of probation in view of the positive forecast of reintegration that the continuity of obligations or prohibitions imposed would be unnecessary or counterproductive.

(c) To terminate the measure where the circumstances described in the preceding paragraph are given at the time of enforcement of the measures referred to in paragraph 2 of this Article.

4. In the event of failure to comply with one or more obligations, the Judge or Court may, in the light of the concurrent circumstances and by the same procedure as indicated in the above issues, amend the obligations or prohibitions imposed. If the breach is repeated or serious, revealing the intention not to submit to the obligations or prohibitions imposed, the judge shall also deduct testimony for an alleged offence under article 468 of this Code.

It is amended by article 28 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 107.

The judicial authority may reasonably order the measure of disqualification for the exercise of a particular right, profession, trade, industry or trade, office or employment or other activities, whether or not remunerated, for a period of one to five years, where the person has committed an abuse of such exercise, or in connection with it, a criminal act, and where the assessment of the concurrent circumstances may lead to the risk that the same or similar offence may be committed again, provided that it is not possible to impose the corresponding penalty on him because he is in one of the situations referred to in article 20 (1), (2) and (3).

It is amended by final provision 6.8 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Article 108.

1. If the subject is a non-legally resident alien in Spain, the judge or court shall, after hearing the judgement, agree to expel him from the national territory as a substitute for the security measures applicable to him, unless the judge or court, after hearing the Public Prosecutor's Office, exceptionally and in a reasoned manner, finds that the nature of the offence justifies compliance in Spain.

The expulsion thus agreed shall be accompanied by the filing of any administrative proceedings for the purpose of authorization to reside or work in Spain.

If the security measure is not to be replaced by expulsion, the security measure originally imposed shall be complied with.

2. An alien may not return to Spain within 10 years from the date of his expulsion.

3. An alien who attempts to breach a judicial decision on expulsion and prohibition of entry referred to in the preceding paragraphs shall be returned by the Government authority, beginning to re-count the period of prohibition of entry into its integrity.

It is amended by art. 1.4 of Organic Law 11/2003 of 29 September.Ref. BOE-A-2003-18088

TITLE V

Civil liability for offences and procedural costs

The heading is amended by article 54 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER I

Civil liability and its extension

Article 109.

1. The execution of an act described by law as a criminal offence requires reparation, as provided by law, for the damage caused by it.

2. In any event, the injured party may choose to claim civil liability before the Civil Jurisdiction.

Paragraph 1 is amended by article 55 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 110.

The liability set out in the preceding article includes:

1o The restitution.

2. The repair of the damage.

3. Compensation for material and moral damage.

Article 111.

1. The same good shall be returned wherever possible, with the damage and impairments determined by the judge or court. The restitution shall take place even if the property is held by a third party and has been acquired by the third party legally and in good faith, leaving his right of repetition against the person concerned and, where appropriate, to be compensated by the person responsible for the offence.

2. This provision does not apply where the third party has acquired the property in the form and with the requirements laid down by the Laws to make it unreliable.

Paragraph 1 is amended by Article 56 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 112.

Compensation for the damage may consist of obligations to give, to do or not to cause the judge or court to establish it in accordance with the nature of the judge and the personal and property conditions of the offender, determining whether they are to be fulfilled by him or her or may be executed at his or her expense.

Article 113.

Compensation for material and moral damage shall include not only those caused to the aggrieved party, but also those caused to his family members or to third parties.

Article 114.

If the victim has contributed by his conduct to the production of the damage or injury suffered, the Judges or Courts may moderate the amount of his reparation or compensation.

Article 115.

In declaring the existence of civil liability, judges and tribunals shall, in their decisions, reasonably establish the basis on which they base the amount of the damage and compensation, and may fix it in the decision itself or at the time of its execution.

CHAPTER II

Civilianly Responsible Persons

Article 116.

1. Any person who is criminally responsible for a crime is also civilly liable if damage or damage is caused from the act. If two or more persons are responsible for a crime, the judges or courts shall indicate the quota for each person to be held accountable.

2. The authors and the accomplices, each within their respective class, shall be jointly and severally liable for their contributions and, subsidiaryly, for those corresponding to the others responsible.

Subsidiary liability shall be effective: first, in the property of the authors, and then, in the property of the accomplices.

In cases where the joint and several liability is incurred, the repetition of the amount paid against the others for the contributions corresponding to each of them shall be protected.

3. The criminal liability of a legal person shall be liable to civil liability in accordance with article 110 of this Code in solidarity with natural persons convicted of the same acts.

Paragraph 1 is amended by article 57 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 3 is added by Article 29 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 117.

Insurers who have assumed the risk of pecuniary liability arising from the use or exploitation of any property, enterprise, industry or activity, where, as a result of an event provided for in this Code, the event that determines the insured risk occurs, shall be liable to direct civil liability up to the limit of the legally established or conventionally agreed compensation, without prejudice to the right of repetition against the person concerned.

Article 118.

1. The exemption from criminal liability declared in the first, second, third, fifth and sixth subparagraphs of article 20 does not include civil liability, which shall be effective in accordance with the following rules:

1.a In the cases of Nos. 1 and 3, the perpetrators of acts declared exempt from criminal responsibility are also responsible for those who exercise their legal or de facto support, provided that they have acted in a way that is responsible for their fault or negligence and without prejudice to the direct civil liability that may be owed to those who are not liable.

The judges or tribunals shall fairly measure the extent to which each of these subjects must be held liable for his or her property.

2nd The drunkard and the intoxicated in the case of number 2nd are equally responsible.

3.a In the case of number 5, or direct civilians, persons in whose favour evil has been prevented shall be liable, in proportion to the injury that has been avoided, if it is estimable or, in another case, in which the judge or court determines according to his prudent discretion.

Where the contributions to be paid by the person concerned are not fairly assigned by the judge or court, not even by approximation, or where the liability extends to the public administrations or to most of a population and, in any case, provided that the damage has been caused with the consent of the authority or its agents, compensation shall be agreed, where appropriate, in the manner laid down by special laws and regulations.

4.a In the case of number 6.o, those who have caused fear, and in their absence, those who have executed the act, shall answer principally.

2. In the case of article 14, the perpetrators of the act shall be liable to civilians.

The first paragraph of rule 1 is amended, with effect from 3 September 2021, by final provision 1.1 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

Article 119.

In all the cases of the preceding article, the judge or court that makes an acquittal on the grounds that one of the above-mentioned grounds of exemption is in agreement shall determine civil liability unless the actions have been expressly reserved to claim them in the appropriate way.

Article 120.

They are also civilly liable, in the absence of criminal liability:

1. Curators with full powers of representation who live with the person they support, provided that there is guilt or negligence on their part.

2. The natural or legal persons holding editorials, newspapers, magazines, radio or television stations or any other means of written, spoken or visual dissemination, for offences committed using the means of which they are entitled, with the exception of article 212.

3. Natural or legal persons, in the case of offences committed in the establishments of which they are holders, where by those who direct or administer them, or by their dependants or employees, the police regulations or the provisions of the authority that are related to the punishable act committed have been violated, so that it would not have occurred without such a violation.

4o Natural or legal persons engaged in any kind of industry or commerce, for offences committed by their employees or dependents, representatives or managers in the performance of their duties or services.

5. o Natural or legal persons holding vehicles liable to create risks for third parties, for offences committed in the use of those by their dependents or authorized representatives or persons.

Point 1 is amended, with effect from 3 September 2021, by final provision 1.2 of Law 8/2021 of 2 June. Ref. BOE-A-2021-9233

It is amended by article 58 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 121.

The State, the Autonomous Community, the province, the island, the municipality and other public bodies, as the case may be, are liable, on a subsidiary basis, for the damage caused by those criminally responsible for malicious or culpable offences, when they are the authority, agents and employees of the same or public officials in the exercise of their duties or functions, provided that the injury is a direct consequence of the operation of the public services entrusted to them, without prejudice to the patrimonial liability arising from the normal or abnormal operation of those services required in accordance with the rules of administrative procedure, and without, in any case, being subject to any compensatory duplication.

If the civil liability of the authority, agents and employees of the authority or public officials is required in criminal proceedings, the claim must be directed simultaneously against the Administration or public entity allegedly responsible for subsidiary civil liability.

Article 122.

A person who, by means of a gainful title, has participated in the effects of an offence is liable to restitution of the property or to compensation for the damage up to the amount of his participation.

It is amended by article 59 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER III

The costs of proceedings

Article 123.

Procedural costs are deemed to be imposed by law on those criminally responsible for any offence.

It is amended by article 60 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 124.

Costs shall include the rights and compensation incurred in court proceedings and shall always include the fees of the particular prosecution in criminal offences that may be prosecuted only on the application of a party.

CHAPTER IV

Compliance with civil liability and other pecuniary responsibilities

Article 125.

Where the assets of the civil officer are not sufficient to satisfy all the pecuniary responsibilities at once, the judge or court may, after hearing the injured party, divide his payment, indicating, in accordance with his prudent discretion and in accordance with the needs of the injured party and the financial possibilities of the person responsible, the period and amount of the time limits.

Article 126.

1. Payments made by the convicted person or the subsidiary civil officer shall be charged in the following order:

1. To reparation for the damage caused and compensation for the damage.

2. To compensation to the State for the amount of expenses incurred on its own account in the case.

3. At the expense of the private or private accuser when his payment is charged in the judgment.

4. To the other costs of the proceedings, including those of the defence of the accused, without preference among the persons concerned.

5o To the fine.

2. Where the offence has been one of those that can be prosecuted only at the request of a party, the costs of the private accuser shall be satisfied in preference to compensation by the State. The same preference shall be given to the payment of procedural costs to the victim in the cases referred to in article 14 of the Crime Victim Statute Act.

Paragraph 2 is amended by final provision 2 of Law 4/2015 of 27 April. Ref. BOE-A-2015-4606.

TITLE VI

The side effects

Article 127.

1. Any penalty imposed for an intentional offence shall entail the loss of the effects thereof and of the property, means or instruments with which it was prepared or executed, as well as of the proceeds derived from the offence, whatever changes it may have undergone.

2. In cases where the law provides for the imposition of a custodial sentence of more than one year for the commission of an imprudent offence, the judge or court may agree to the loss of the effects arising from the offence and of the property, means or instruments with which it was prepared or executed, as well as of the proceeds derived from the offence, whatever changes it may have undergone.

3. If, under any circumstances, the confiscation of the property referred to in the preceding paragraphs of this article is not possible, the confiscation of other property shall be agreed for an amount corresponding to the economic value of the property and to that of the profits obtained therefrom. Similarly, the confiscation of particular assets, effects or gains is agreed upon, but their value is lower than that of the assets at the time of their acquisition.

It is amended by article 61 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 30 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 44 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 127 bis.

1. The judge or court shall also order the confiscation of property, effects and proceeds belonging to a person convicted of any of the following offences when it determines, on the basis of objective evidence, that the property or effects are derived from a criminal activity and its lawful origin is not established:

(a) Crimes of trafficking in human beings.

(a bis) Organ trafficking offences.

(b) Offences relating to prostitution and sexual exploitation and corruption of minors and offences of sexual abuse and assault of persons under sixteen years of age.

(c) Computer offences referred to in Articles 197 (2) and (3) and 264.

(d) Offences against property and against socio-economic order in cases of criminal continuity and recidivism.

(e) Crimes relating to punishable insolvency.

(f) Offences against intellectual or industrial property.

(g) Crimes of corruption in business.

(h) Offences under article 298 (2).

(i) Money-laundering offences.

(j) Offences against public finances and social security.

(k) Offences against the rights of workers under articles 311 to 313.

(l) Offences against the rights of foreign citizens.

(m) Public health offences under articles 368 to 373.

(n) Counterfeiting offences.

(o) Bribery offences.

(p) Offences of embezzlement.

(q) Crimes of terrorism.

(r) Offences committed within a criminal organization or group.

2. For the purposes of paragraph 1 of this Article, the following indications shall be assessed in particular:

1. The disproportion between the value of the property and the effects in question and the income of lawful origin of the convicted person.

2. The concealment of title or of any power of disposition over the property or effects by the use of natural or legal persons or entities without legal personality filed, or tax havens or territories of null and void taxation that conceal or hinder the determination of the true ownership of the property.

3. The transfer of property or effects through transactions that hinder or impede its location or destination and lack valid legal or economic justification.

3. The provisions of paragraph 3 of the preceding Article shall also apply in such cases.

4. If the convicted person is subsequently convicted of similar criminal acts committed previously, the judge or court shall assess the extent of the previous confiscation agreed upon when deciding on confiscation in the new proceedings.

5. The confiscation referred to in this article shall not be agreed upon where the criminal activities from which the property or effects originate have been prescribed or have already been the subject of criminal proceedings decided by acquittal or dismissal order with res judicata.

In paragraph 1, point (aa) is added by the sole article 1 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is added by the sole article.62 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 127 ter.

1. The judge or court may agree on confiscation provided for in the preceding articles, even if the sentence is not handed down, where the unlawful property situation is established in a contradictory proceeding and is one of the following:

(a) The subject has died or is suffering from a chronic illness that prevents his prosecution and there is a risk that he may prescribe the facts;

(b) is in absentia and thus prevents the prosecution of the facts within a reasonable time; or

(c) He shall not be punished for being exempt from criminal responsibility or for having been extinguished.

2. Confiscation referred to in this article may only be directed against a person who has been formally charged or against the accused in relation to whom there is a prima facie case of criminality where the situations referred to in the preceding paragraph have prevented the continuation of criminal proceedings.

It is added by the sole article.63 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 127 quater.

1. Judges and courts may also agree to the confiscation of property, effects and profits referred to in the preceding articles that have been transferred to, or of equivalent value to, third parties in the following cases:

(a) In the case of effects and gains, where they have been acquired with knowledge that they are derived from an illicit activity or where a diligent person would have had reason to suspect, in the circumstances of the case, their illicit origin.

(b) In the case of other property, where they had acquired it with knowledge that confiscation was thus difficult or where a diligent person would have had reason to suspect, in the circumstances of the case, that confiscation was thus made difficult.

2. Unless otherwise proved, the third party shall be presumed to have known or had reason to suspect that the property was derived from an illicit activity or that it was transferred to prevent its confiscation, where the property or effects had been transferred to it free of charge or for a price lower than the actual market price.

It is added by the sole article.64 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 127 quinquies.

1. Judges and courts may also agree to the confiscation of property, effects and profits arising from the previous criminal activity of the convicted person, when the following conditions are met cumulatively:

(a) The subject is or has been convicted of any of the offences referred to in article 127 bis.1 of the Spanish Criminal Code.

(b) The offence was committed in the context of a continuing prior criminal activity.

(c) There are well-founded indications that a significant part of the convicted person ' s assets is derived from prior criminal activity.

These are relevant indications:

1. The disproportion between the value of the property and the effects in question and the income of lawful origin of the convicted person.

2. The concealment of title or of any power of disposition over the property or effects by the use of natural or legal persons or entities without legal personality filed, or tax havens or territories of null and void taxation that conceal or hinder the determination of the true ownership of the property.

3. The transfer of property or effects through transactions that hinder or impede its location or destination and lack valid legal or economic justification.

The provisions of the preceding paragraph shall apply only where there are well-founded indications that the subject has obtained, from his criminal activity, a profit of more than €6,000.

2. For the purposes of the preceding paragraph, the offence shall be deemed to have been committed in the context of a continuing criminal activity provided that:

(a) The subject is convicted or convicted in the same proceedings for three or more offences from which direct or indirect economic benefit has been obtained, or for a continuing offence involving at least three criminal offences from which a direct or indirect economic benefit has been derived.

(b) Or in the six-year period prior to the commencement of the proceedings in which he has been convicted of any of the offences referred to in the Article 127 bis of the Criminal Codehe would have been convicted of two or more offences from which he would have obtained an economic benefit, or for a continuing offence involving at least two criminal offences from which he had derived an economic benefit.

It is added by the sole article.65 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 127 sexies.

For the purposes of the preceding Article, the following presumptions shall apply:

1. All property acquired by the convicted person within the period of time that begins six years before the date of commencement of criminal proceedings shall be presumed to be derived from his criminal activity.

For this purpose, it is understood that the assets have been acquired at the earliest date on which it is established that the subject has disposed of them.

2. All expenses incurred by the convicted person during the period referred to in the first paragraph of the preceding number shall be presumed to have been paid from funds derived from his criminal activity.

3. All goods referred to in number 1 shall be presumed to have been acquired free of charge.

The judge or court may agree that the above presumptions shall not be applied in relation to certain property, effects or gains, where, in the specific circumstances of the case, they are found to be incorrect or disproportionate.

It is added by the sole article.66 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 127 septies.

If the execution of the confiscation could not have been carried out, in whole or in part, because of the nature or situation of the property, effects or gains in question, or for any other reason, the judge or court may, by order, agree to the confiscation of other property, including of lawful origin, belonging to those criminally responsible for the act for a value equivalent to that of the unexecuted party of the initial agreed confiscation.

Similarly, where the confiscation of particular assets, effects or gains is agreed, it shall be carried out, but its value is lower than the value of the property at the time of its acquisition.

It is added by the sole article.67 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 127 octies.

1. In order to ensure the effectiveness of confiscation, property, means, instruments and proceeds may be seized or seized and placed in storage by the judicial authority from the moment of the first proceedings.

2. It shall be for the judge or court to decide, in accordance with the provisions of Spanish Criminal Procedure Acton the advance performance or provisional use of the goods and their effects.

3. The property, instruments and proceeds confiscated by final decision, unless they are intended for the payment of compensation to the victims, shall be awarded to the State, which shall give them the purpose legally or by regulation.

It is added by the sole article.68 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 128.

Where the said effects and instruments are of lawful trade and their value is not commensurate with the nature or gravity of the criminal offence, or the civil responsibilities have been fully satisfied, the judge or court may not order the confiscation or order it in part.

Article 129.

1. In the case of offences committed within the body, with the collaboration, through or through enterprises, organizations, groups or any other group of entities or groups of persons which, because they lack legal personality, do not fall within the scope of article 31 bis, the judge or court may, on grounds of reason, impose on such undertakings, organizations, groups, entities or groups one or more consequences which are ancillary to the penalty corresponding to the perpetrator of the offence, with the content provided for in article 33, paragraph 7 (c) to (g). It may also agree on a definitive prohibition of any activity, even if it is lawful.

2. The ancillary consequences referred to in the preceding paragraph may only apply to the undertakings, organizations, groups or entities or groups referred to therein where this Code expressly provides for this, or where it is one of the offences for which it allows legal persons to be held criminally liable.

3. The temporary closure of premises or establishments, the suspension of social activities and judicial intervention may also be agreed by the Instructor Judge as a precautionary measure during the investigation of the case for the purposes set out in this article and within the limits set out in article 33.7.

Paragraphs 1 and 2 are amended by article 69 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article the sole Article, point 31 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by article 45 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 129 bis.

In the case of persons convicted of a serious offence against the life, integrity, liberty, sexual freedom or compensation, terrorism or any other serious offence involving a serious risk to the life, health or physical integrity of persons, where the circumstances of the act, background, assessment of their personality, or other available information can be assessed as having a significant risk of criminal repetition, the judge or court may agree to take biological samples of their person and to conduct analyses for obtaining DNA identifiers and registering them in the police database. Only the necessary analyses may be carried out to obtain the identifiers which provide, exclusively, genetic information revealing the identity of the person and his or her sex.

If the person concerned objects to the collection of the samples, his compulsory execution may be imposed by the use of the minimum coercive measures necessary for their execution, which must in any event be proportionate to the circumstances of the case and respectful of their dignity.

It is added by article 70 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

TITLE VII

Extinction of criminal responsibility and its effects

CHAPTER I

Causes that extinguish criminal responsibility

Article 130.

1. Criminal responsibility is extinguished:

1st For the death of the prisoner.

2. For serving the sentence.

3. For the final remission of sentence, as provided for in article 87, paragraphs 1 and 2.

4. For amnesty or pardon.

5. For the forgiveness of the offended person, in the case of minor offences that may be prosecuted at the request of the aggrieved person or the law provides for it. The pardon must be expressly granted before a sentence has been handed down, for which purpose the sentencing judicial authority must hear the person offended by the offence before issuing it.

In crimes committed against minors or persons with disabilities in need of special protection affecting eminently personal legal property, the pardon of the offended person does not extinguish criminal responsibility.

6. For the statute of limitations of the offence.

7. For the prescription of the penalty or security measure.

2. The transformation, merger, absorption or division of a legal person does not extinguish its criminal liability, which shall be transferred to the entity or entities in which it is transformed, merged or absorbed and shall extend to the entity or entities resulting from the division. The judge or court may moderate the transfer of the sentence to the legal person according to the proportion that the legal person originally responsible for the offence has with it.

Criminal liability does not extinguish the disguised or merely apparent dissolution of the legal person. In any event, the legal person shall be deemed to have been dissolved disguised or merely apparent when its economic activity is continued and the substantial identity of customers, suppliers and employees, or of the most relevant part thereof, is maintained.

Paragraph 1 is amended by final provision 2 of Organic Law 1/2024 of 10 June. Ref. BOE-A-2024-11776

Paragraph 1.5 is amended by final provision 6.9 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

The third and fifth paragraphs of paragraph 1 are amended by the sole article.71 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The content of article 1 is numbered and paragraph 2 is added by article 32 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 46 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 131.

1. The offences prescribe:

At the age of 20, where the maximum penalty for the offence is imprisonment for 15 years or more.

At fifteen, when the maximum penalty prescribed by law is disqualification for more than ten years, or imprisonment for more than ten and less than fifteen years.

At ten, where the maximum penalty prescribed by law is imprisonment or disqualification for more than five years and not exceeding ten years.

At five, other offences, except minor offences and offences of insult and slander, which are prescribed annually.

2. Where the penalty provided for by law is composed, it shall be for the purpose of applying the rules provided for in this article to which it requires more time for the statute of limitations.

3. Crimes against humanity and genocide and crimes against protected persons and property in the event of armed conflict, except those punishable under article 614, shall not in any case be prescribed.

Nor shall they prescribe terrorist offences, if they have caused the death of a person.

4. In cases of contest for offences or related offences, the limitation period shall be the one corresponding to the most serious offence.

It is amended by article 72 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The last subparagraph of paragraph 1 is deleted by final provision 2.1 of Organic Law 3/2011 of 28 January. Ref. BOE-A-2011-1640.

Paragraphs 4 and the fourth subparagraph of 1 are amended by the fifth subparagraph of Article 33 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 1 and 4 are amended by the sole article 47 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 132.

1. The terms provided for in the preceding article shall be counted from the day on which the punishable offence was committed. In cases of continuous crime, permanent crime, as well as in offences requiring regularity, such terms shall be counted, respectively, from the day on which the last offence was committed, since the unlawful situation was eliminated or since the cessation of the conduct.

In cases of non-consensual abortion, injury, freedom, torture and moral integrity, privacy, the right to image and inviolability of the home, and family relations, excluding the offences referred to in the following paragraph, where the victim is a person under the age of eighteen, the terms shall be counted from the day on which the person has reached the age of majority, and if he dies before reaching the age of eighteen, from the date of death.

For the offences of attempted murder, injury to articles 149 and 150, habitual ill-treatment under article 173.2, crimes against sexual freedom and crimes of trafficking in human beings, when the victim is a person under the age of eighteen, the terms shall be counted from the time the victim reaches the age of thirty-five, and if he dies before reaching that age, from the date of death.

2. The statute of limitations shall be interrupted, with the lapse of time, when the proceedings are directed against the individual responsible for the offence, beginning to run again from the time the proceedings are paralysed or ending without conviction in accordance with the following rules:

1.a Proceedings shall be directed against a particular person from the moment when, at the time of the initiation of the case or thereafter, a reasoned judicial decision is issued attributing to him his alleged participation in an act which may constitute an offence.

2.a Notwithstanding the foregoing, the filing of a complaint or the complaint filed with a judicial body, in which a particular person is attributed his alleged participation in an act that may constitute an offence, shall suspend the calculation of the statute of limitations for a maximum period of six months, from the same date of filing of the complaint or lodging of the complaint.

If within that time limit any of the judicial decisions referred to in rule 1a is pronounced against the defendant or the defendant, or against any other person involved in the acts, the interruption of the statute of limitations shall be deemed to have been retroactively produced, for all purposes, on the date of filing the complaint or complaint.

On the contrary, the calculation of the term of limitation will continue from the date of filing the complaint or complaint if, within six months, a final judicial decision of inadmissibility to process the complaint or complaint or by which it is agreed not to conduct the proceedings against the person complained of or complained of is enforceable. The continuation of the calculation shall also take place if, within that period, the investigating judge does not adopt any of the decisions provided for in this article.

3. For the purposes of this article, the person against whom the proceedings are directed must be sufficiently determined in the judicial decision, either by means of direct identification or by means of information which may subsequently lead to such identification within the organisation or group of persons to whom the act is attributed.

4. In proceedings the investigation of which has been undertaken by the European Public Prosecutor's Office, the statute of limitations shall be interrupted:

(a) when the investigation is directed against a particular person, sufficiently identified, within the meaning of the preceding subparagraph, and is thus reflected in a reasoned decree.

(b) where a complaint or complaint is lodged with the European Public Prosecutor's Office in which a particular person is attributed his or her alleged participation in an act which may constitute an offence, pursuant to rule 2 (a) of paragraph 2 of this article.

Paragraph 1 is amended by the sole article 1 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

Paragraph 4 is added by final provision 4.2 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

Paragraph 1 is amended by final provision 6.10 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 73 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 2 is amended by article 34 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by the sole article 48 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

The third subparagraph is added to paragraph 1 by Article 1.9 of Organic Law 14/1999 of 9 April. Ref. BOE-A-1999-12907

The second subparagraph is added to paragraph 1 by Article 3 of the Organic Law 11/1999 of 30 April. Ref. BOE-A-1999-9744

Article 133.

1. The penalties imposed by final judgement prescribe:

At 30 years of age, those in prison for more than 20 years.

At 25 years of age, those in prison of 15 years or more shall not exceed 20.

At 20 years of age, disqualification for more than 10 years and imprisonment for more than 10 years and less than 15 years.

At 15 years of age, those with disabilities for more than six years and not exceeding 10 years, and those with imprisonment for more than five years and not exceeding 10 years.

At 10, the remaining serious penalties.

At five, the penalties are less severe.

A year, the penalties are mild.

2. Penalties imposed for crimes against humanity and genocide and for crimes against protected persons and property in the event of armed conflict, except those punishable by article 614, shall not in any case be prescribed.

Nor shall they prescribe the penalties imposed for terrorist offences, if they have caused the death of a person.

Paragraph 2 is amended by article 35 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 49 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 134.

1. The period of limitation of the sentence shall be calculated from the date of the final judgment, or from the breach of the sentence, if the sentence has begun to be served.

2. The period of limitation of the sentence shall be suspended:

(a) During the period of suspension of execution of the sentence.

(b) During the performance of other penalties, where the provisions of article 75 apply.

It is amended by article 74 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 135.

1. Security measures shall be prescribed at the age of 10 if they are deprivation of liberty for more than three years and at the age of five if they are deprivation of liberty for less than or equal to three years or have other content.

2. The period of limitation shall be counted from the day on which the decision imposing the measure has been signed or, in the case of subsequent compliance, from the date on which it was to be complied with.

3. If the performance of a security measure is subsequent to the execution of a penalty, the period shall be calculated from the expiry of the penalty.

CHAPTER II

Criminal record cancellation

Article 136.

1. Convicted persons who have extinguished their criminal responsibility have the right to obtain from the Ministry of Justice, on their own initiative or at the request of a party, the cancellation of their criminal record, if they have passed without the following time limits:

(a) Six months for minor penalties.

(b) Two years for sentences not exceeding twelve months and for negligent offences.

(c) Three years for the remaining less severe sentences of less than three years.

(d) Five years for the remaining less severe sentences of three years or more.

(e) Ten years for severe penalties.

2. The time limits referred to in the preceding paragraph shall be counted from the day following the day on which the sentence is extinguished, but if this occurs by way of conditional remission, the time limit, once the definitive remission has been obtained, shall be counted back to the day following that on which the sentence has been served if the benefit has not been enjoyed. In this case, it shall be taken as the initial date for the calculation of the duration of the sentence on the day following the granting of the suspension.

3. The penalties imposed on legal persons and the ancillary consequences of Article 129 shall be cancelled within the appropriate time limit, in accordance with the rule provided for in paragraph 1 of this Article, unless the dissolution or the definitive prohibition of activities has been agreed upon. In these cases, the entries that have elapsed fifty years counted from the day following the finality of the judgment will be cancelled.

4. Criminal record entries in the various sections of the Central Register of Penalties and Rebels shall not be public. During its validity, certifications shall be issued only with the limitations and guarantees provided for in its specific rules and in the cases established by law. In any event, those requested by the judges or courts, whether or not they refer to cancelled registrations, shall be released, expressly stating the latter circumstance.

5. In cases where, despite the requirements set out in this article for cancellation, this has not occurred, the judge or court, having established such circumstances, shall not take into account such background.

It is amended by article 75 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 1, 2, 3 and 5 are amended by the sole article 50 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 137.

Annotations to the security measures imposed under this Code or other criminal laws shall be cancelled after the respective measure has been completed or prescribed; in the meantime, they shall only be included in the certificates issued by the Registry for judges or courts or administrative authorities, in the cases established by law.

BOOK II

Offences and their penalties

TITLE I

Of homicide and its forms

Article 138.

1. Anyone who kills another person shall be punished, as an offender guilty of homicide, with a prison sentence of 10 to 15 years.

2. The acts shall be punishable by a penalty one degree higher in the following cases:

(a) where any of the circumstances of Rule 140(1) is present in the commission of the offence; or

(b) when the acts are also constituting an offence of assault on public officials under Article 550.

It is amended by article 76 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 139.

1. A person who kills another person in one of the following circumstances shall be liable to imprisonment for a term of 15 to 25 years, as a defendant for murder:

1.a With pride.

2.a By price, reward or promise.

3.a With anger, deliberately and inhumanely increasing the pain of the offended.

4.a To facilitate the commission of another offence or to prevent it from being discovered.

2. Where more than one of the circumstances provided for in the preceding paragraph is the case, the penalty shall be imposed in the upper half of the sentence.

It is amended by article 77 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 140.

1. The murder shall be punishable by a term of reviewable life imprisonment in the event of any of the following:

1.a The victim is under sixteen years of age, or is a person who is particularly vulnerable because of his age, illness or disability.

2.a The act was subsequent to an offence against sexual freedom committed by the perpetrator over the victim.

3.a The offence was committed by a person belonging to a criminal group or organization.

2. A person convicted of murder for the death of more than two persons shall be liable to a revised permanent prison sentence. In this case, Article 78a(1)(b) and Article 78a(2)(b) shall apply.

It is amended by article 78 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 140 bis.

1. A probation measure may also be imposed on persons convicted of one or more offences covered by this title.

2. If the victim and the perpetrator of the offences referred to in the preceding three articles have a son or daughter in common, the judicial authority shall impose the penalty of deprivation of parental authority in respect of the child.

The same penalty shall be imposed when the victim is the son or daughter of the perpetrator, in respect of other sons and daughters, if they exist.

It is amended by final provision 6.11 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is added by article 79 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 141.

The provocation, conspiracy and proposal to commit the offences provided for in the preceding three articles shall be punished by a penalty of one or two degrees less than that indicated in the preceding articles.

Article 142.

1. Anyone who causes the death of another person for gross negligence shall be punished, as an offender guilty of negligent murder, by imprisonment for one to four years.

If the manslaughter was committed using a motor vehicle or a moped, the penalty shall also be deprivation of the right to drive motor vehicles and mopeds for one to six years. For the purposes of this paragraph, driving in which the occurrence of any of the circumstances provided for in Article 379 determines the production of the act shall in any event be regarded as serious imprudence.

If the manslaughter was committed using a firearm, the penalty shall also be deprivation of the right to bear or hold weapons for a period of one to six years.

If the murder has been committed by professional negligence, the penalty of special disqualification for the exercise of the profession, office or office shall also be imposed for a period of three to six years.

2. Anyone who causes the death of another person by less serious negligence shall be liable to a fine of three months to eighteen months.

If the murder was committed using a motor vehicle or a moped, the penalty shall also be deprivation of the right to drive motor vehicles and mopeds for three to eighteen months. In any event, the least serious imprudence shall be considered that which is not classified as serious in which the commission of one of the serious infringements of the rules on traffic, the movement of motor vehicles and road safety has been decisive for the production of the act. The assessment of the existence or non-existence of the determination shall be assessed in a reasoned decision.

If the murder was committed using a firearm, the penalty of deprivation of the right to carry or hold weapons for a period of three to eighteen months may also be imposed.

Except in cases where it occurs using a motor vehicle or a moped, the offence provided for in this subparagraph shall be prosecuted only by complaint from the aggrieved person or his legal representative.

The second and fourth subparagraphs of paragraph 2 are amended by the sole article 1 of Organic Law 11/2022 of 13 September. Ref. BOE-A-2022-14965

It is amended by article 1 of Organic Law 2/2019 of 1 March. Ref. BOE-A-2019-2973

It is amended by article 80 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 142 bis.

In the cases provided for in paragraph 1 of the preceding article, the judge or court may, in a reasoned manner, impose a higher penalty to a degree, to the extent it considers appropriate, if the act is serious, in view of the unique entity and relevance of the risk created and of the normative duty of care infringed, and has caused the death of two or more persons or the death of one or more injuries constituting an offence under article 152.1.2 or 3. or in the others, and to two degrees if the number of deaths is very high.

It is added by article 2 of Organic Law 2/2019, of 1 March. Ref. BOE-A-2019-2973

Text added, published on 02/03/2019, in force from 03/03/2019.

Article 143.

1. Anyone who induces the suicide of another person shall be punished by imprisonment for four to eight years.

2. A person who cooperates with acts necessary for the suicide of a person shall be liable to two to five years ' imprisonment.

3. He shall be punished by imprisonment for six to ten years if the cooperation reaches the point of executing the death.

4. Any person who causes or actively cooperates with acts necessary and direct to the death of a person suffering a serious, chronic and impossible condition or a serious and incurable illness, with constant and unbearable physical or mental suffering, by the express, serious and unequivocal request of the person, shall be punished by a penalty of one or two degrees less than those referred to in paragraphs 2 and 3.

5. Notwithstanding the provisions of the preceding paragraph, no person shall be criminally liable if he causes or cooperates actively with the death of another person in compliance with the provisions of the organic law regulating euthanasia.

Paragraph 4 is amended and paragraph 5 is added, with effect from 25 June 2021, by final provision 1 of Organic Law 3/2021 of 24 March. Ref. BOE-A-2021-4628

Article 143 bis.

The distribution or public dissemination through the Internet, the telephone or any other information technology or communication of content specifically intended to promote, encourage or incite suicide of minors or persons with disabilities in need of special protection shall be punishable by imprisonment for a term of one to four years.

The judicial authorities shall order the adoption of the necessary measures for the removal of the contents referred to in the preceding paragraph, for the interruption of services offering predominantly such contents or for the blocking of both where they are based abroad.

It is added by final provision 6.12 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

TITLE II

Abortion

Article 144.

Anyone who causes the abortion of a woman without her consent shall be punished by imprisonment for four to eight years and by special disqualification from exercising any health profession, or from providing services of any kind in public or private clinics, establishments or gynaecological offices, for a period of three to ten years.

The same penalties shall be imposed on the person who performs the abortion having obtained the consent of the woman through violence, threat or deception.

Article 145.

1. Any person who causes the abortion of a woman, with her consent, outside the cases permitted by law, shall be punished by imprisonment for one to three years and special disqualification from exercising any health profession, or from providing services of any kind in public or private clinics, establishments or gynaecological offices, for a period of one to six years. The judge may impose the penalty in its upper half when the acts described in this subparagraph are carried out outside an accredited public or private institution or centre.

2. A woman who causes her abortion or consents to be caused by another person, outside the cases permitted by law, shall be punished by a fine of six to twenty-four months.

3. In any event, the judge or court shall impose the penalties provided for in this article in its highest half when the conduct is carried out from the twenty-second week of gestation.

It is amended by final provision 1.1 of Organic Law 2/2010 of 3 March. Ref. BOE-A-2010-3514

Article 145 bis.

1. The following shall be punished by a fine of six to twelve months and by a special disqualification from providing services of any kind in public or private clinics, establishments or gynaecological offices for a period of six months to two years, which, in the cases provided for by law, carries out an abortion:

(a) Without prior mandatory opinions;

(b) Outside an accredited public or private establishment or centre. In this case, the judge may impose the sentence in its upper half.

2. In any event, the judge or court shall impose the penalties provided for in this article at its highest half when the abortion has been performed from the twenty-second week of pregnancy.

3. A pregnant woman shall not be punished under this provision.

Paragraph 1 is amended by final provision 2.1 of Organic Law 1/2023 of 28 February. Ref. BOE-A-2023-5364

It is added by final provision 1.2 of Organic Law 2/2010 of 3 March. Ref. BOE-A-2010-3514

Text added, published on 04/03/2010, in force from 05/07/2010.

Article 146.

Anyone who causes an abortion by serious negligence shall be punished by imprisonment for three to five months or a fine of six to 10 months.

Where abortion is committed by professional negligence, the penalty of special disqualification from the exercise of the profession, trade or office shall also be imposed for a period of one to three years.

A pregnant woman shall not be punished under this provision.

The first paragraph is amended by article 51 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

TITLE III

Injury

Article 147.

1. Any person who, by any means or procedure, causes an injury to another person that impairs his or her physical or mental health, shall be punished, as an offender guilty of the offence of injury, by imprisonment from three months to three years or a fine from six to twelve months, provided that the injury objectively requires for his or her health, in addition to first optional assistance, medical or surgical treatment. The simple monitoring or optional follow-up of the course of the injury shall not be considered medical treatment.

2. Any person who, by any means or procedure, causes an injury to another person not covered by the preceding paragraph shall be liable to a fine of one to three months.

3. Anyone who beats or ill-treats another person without causing injury shall be liable to a fine of one to two months.

4. The offences referred to in the two preceding paragraphs shall be prosecuted only by complaint from the aggrieved person or his legal representative.

It is amended by article 81 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 2 is amended by article 52 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

The second subparagraph is added to paragraph 1 and Article 2 is amended by Article 1.5 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

Article 148.

The injury referred to in paragraph 1 of the preceding article may be punishable by imprisonment for a term of between two and five years, taking into account the result caused or the risk caused:

1. If weapons, instruments, objects, means, methods or forms specifically dangerous to the life or health, physical or mental, of the injured person have been used in the aggression.

2. If he has mediated dismay or lewdness.

3. If the victim is under fourteen years of age or a person with disabilities in need of special protection.

4. If the victim is or has been a wife, or a woman who is or has been linked to the perpetrator by a similar relationship of affection, even without cohabitation.

5.o If the victim is a particularly vulnerable person living with the perpetrator.

Paragraph 3 is amended by final provision 6.13 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 36 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Article 149.

1. Any person who causes another, by any means or procedure, the loss or futility of an organ or principal member, or of a sense, impotence, infertility, serious deformity, or serious somatic or psychic illness, shall be punished by imprisonment for a term of six to 12 years.

2. Anyone who causes genital mutilation in any of its manifestations shall be punished by imprisonment for a term of six to 12 years. If the victim is a minor or a person with disabilities in need of special protection, the penalty of special disqualification shall apply for the exercise of parental authority, guardianship, guardianship, guardianship or care for a period of four to 10 years, if the judge considers it appropriate for the interests of the child or person with disabilities in need of special protection.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 1.6 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

Article 150.

Any person who causes the loss or futility of a non-main organ or member, or the deformity, shall be punished by imprisonment for a term of three to six years.

Article 151

The provocation, conspiracy and proposal to commit the offences provided for in the preceding articles of this Title shall be punished by a penalty of one or two degrees lower than the corresponding offence.

Article 152.

1. Any person who, by serious negligence, causes any of the injuries provided for in the preceding articles shall be punished, in view of the risk created and the result thereof:

1. A term of imprisonment of between three and six months or a fine of between six and eighteen months, in the case of the injury referred to in article 147 (1).

2. With imprisonment from one to three years, in the case of injuries under article 149.

3. With imprisonment from six months to two years, in the case of the injuries referred to in article 150.

If the acts were committed using a motor vehicle or moped, the penalty shall also be deprivation of the right to drive motor vehicles and mopeds for one to four years. For the purposes of this paragraph, driving in which the occurrence of any of the circumstances provided for in Article 379 determines the production of the act shall in any event be regarded as serious imprudence.

If the injuries have been caused by a firearm, the penalty shall also be deprivation of the right to bear or hold weapons for a period of one to four years.

If the injuries have been committed by professional negligence, the penalty of special disqualification for the exercise of the profession, trade or office shall also be imposed for a period of six months to four years.

2. Anyone who, for less serious negligence, causes any of the injuries referred to in article 147.1 shall be liable to a fine of one to two months, and if the injuries referred to in articles 149 and 150 are caused, shall be liable to a fine of three months to twelve months.

If the acts were committed using a motor vehicle or a moped, the penalty shall also be deprivation of the right to drive motor vehicles and mopeds for three to eighteen months. For the purposes of this paragraph, the least serious imprudence shall in any event be regarded as that which is not classified as serious in which the commission of any of the serious infringements of the rules on traffic, traffic and road safety has been decisive for the production of the act. The assessment of the existence or non-existence of the determination shall be assessed in a reasoned decision.

If the injuries have been caused by using a firearm, the penalty of deprivation of the right to bear or hold weapons for a period of three months to one year may also be imposed.

The offence provided for in this subparagraph shall be prosecuted only by complaint from the aggrieved person or his legal representative.

The first and second paragraphs of paragraph 2 are amended by the sole article.2 of Organic Law 11/2022 of 13 September. Ref. BOE-A-2022-14965

It is amended by article 3 of Organic Law 2/2019 of 1 March. Ref. BOE-A-2019-2973

It is amended by article 82 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 1 and 2 are amended by the single Article 53 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 152 bis.

In the cases referred to in article 1, the judge or court may, in a reasoned manner, impose the higher penalty to a degree, to the extent it considers appropriate, if the act is of a marked gravity, in view of the unique entity and relevance of the risk created and the normative duty of care infringed, and if it has caused injuries constituting an offence under article 152,1.2 or 3 or a plurality of persons, and in two degrees if the number of injured is very high.

It is added by article 4 of Organic Law 2/2019 of 1 March. Ref. BOE-A-2019-2973

Text added, published on 02/03/2019, in force from 03/03/2019.

Article 153.

1. Any person who by any means or procedure causes another mental impairment or injury of a lesser severity than those provided for in article 147, paragraph 2, or beats or ill-treats another person without causing injury to him or her, if the injured person is or has been a wife, or a woman who is or has been linked to him or her by a similar relationship of affection even without cohabitation, or a particularly vulnerable person living with the perpetrator, shall be punished by imprisonment for a term of six months to one year or by work for the benefit of the community for thirty-one to eighty days, and in any case deprivation of the right to hold and bear weapons for a year and a day to three years, as well as, where the judge or court deems it appropriate for the interests of the minor or person with disabilities in need of special protection, disqualification from exercising parental authority, guardianship, guardianship, guardianship, custody or care for up to five years.

2. If the victim of the offence referred to in the preceding paragraph is one of the persons referred to in article 173.2, except for the persons referred to in the preceding paragraph of this article, the perpetrator shall be liable to imprisonment for a term of three months to one year or to work for the benefit of the community for a period of thirty-one to eighty days and, in any event, to deprivation of the right to hold and bear weapons for a period of one year and one day to three years, and, where the judge or court considers it appropriate for the interests of the child or person with disabilities in need of special protection, disqualification from exercising parental authority, guardianship, guardianship, guardianship, guardianship or care for children from six months to three years.

3. The penalties provided for in paragraphs 1 and 2 shall be imposed in the upper half of the sentence if the offence is committed in the presence of minors, or using weapons, or takes place in the common home or in the victim's home, or is carried out in breach of the penalty provided for in article 48 of this Code or a precautionary or security measure of the same nature.

4. Notwithstanding the provisions of the preceding paragraphs, the judge or court may, on the basis of a judgement, in the light of the author ' s personal circumstances and those of the parties involved in the commission of the act, impose the lesser penalty in degree.

Paragraphs 1 and 2 are amended by the Single Article.83 and 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439. 

It is amended by art. 37 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Written according to the bug correction published in BOE No. 87 of 12 April 2005. Ref. BOE-A-2005-5835

It is amended by art. 1.7 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

It is amended by art. 2.1 of Organic Law 14/1999 of 9 June. Ref. BOE-A-1999-12907

Article 154.

Those who quarrel with each other, tumultuously committing themselves, and using means or instruments that endanger the life or integrity of persons, shall be punished for their participation in the quarrel with a prison sentence of three months to one year or a fine of six to 24 months.

It is amended by article 54 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 155.

In the case of offences of injury, if the injured party has obtained valid, free, spontaneous and express consent, the lesser penalty shall be imposed by one or two degrees.

The consent given by a minor or a person with disabilities in need of special protection shall not be valid.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 156.

Notwithstanding the provisions of the preceding article, valid, free, conscious and expressly issued consent exempts from criminal liability in cases of organ transplantation carried out under the law, sterilizations and transsexual surgery performed by the physician, unless the consent has been obtained vitiously, or by price or reward, or the grantor is under age or absolutely incapable of providing it, in which case the consent given by the latter or their legal representatives shall not be valid.

The second paragraph is deleted by the single article of Organic Law 2/2020 of 16 December. Ref. BOE-A-2020-16345

The provisions of the single transitional provision of the above-mentioned Organic Law should be taken into account in the ongoing proceedings.

It is amended by article 84 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Please take into account the provisions of additional provision 1 of the above-mentioned Organic Law, as regards judicial authorization of sterilization referred to in the second paragraph.

Article 156 bis.

1. Anyone who promotes, favours, facilitates, publicizes or executes trafficking in human organs shall be punished by imprisonment for a term of six to twelve years in the case of the organ of a living person and imprisonment for a term of three to six years in the case of the organ of a deceased person.

For this purpose, trafficking in human organs shall mean:

(a) The illicit removal or acquisition of other human organs. Such extraction or extraction shall be unlawful if it occurs in any of the following circumstances:

1. that it has been carried out without the free, informed and express consent of the living donor in the manner and with the requirements provided for by law;

2.a that has been made without the necessary authorization required by law in the case of the deceased donor,

3.a that, in exchange for the extraction or obtaining, for the benefit of oneself or others, the donor or a third party, either by itself or by an interposed person, gift or reward of any kind, or an offer or promise is accepted. Gift or remuneration shall not be understood as compensation for the expenses or loss of income derived from the donation.

(b) The preparation, preservation, storage, transport, transfer, receipt, import or export of illegally extracted organs.

(c) The use of illicitly extracted organs for the purpose of transplantation or for other purposes.

2. Similarly, those who, for their own benefit or for the benefit of others:

(a) request or receive, either by themselves or by an interposed person, a gift or remuneration of any kind, or accept an offer or promise for proposing or attracting a donor or an organ recipient;

(b) Offer or deliver, either by themselves or by an interposed person, gifts or remuneration of any kind to optional personnel, public officials or private persons in the course of the exercise of their profession or position in public or private clinics, establishments or offices, for the purpose of illicit extraction or acquisition or establishment of illegally extracted organs is carried out or facilitated.

3. If the recipient of the organ consents to the performance of the transplant knowing its illicit origin, he shall be punished with the same penalties as provided for in paragraph 1, which may be reduced by one or two degrees in the circumstances of the act and the offender.

4. Penalties higher than those provided for in paragraph 1 shall be imposed where:

(a) The life or physical or mental integrity of the victim of the offence has been seriously endangered.

(b) The victim is a minor or particularly vulnerable because of his age, disability, illness or situation.

If both circumstances occur, the sentence shall be imposed in its upper half.

5. A public or private official who, in the course of the exercise of his profession or position, performs in public or private institutions the conduct described in paragraphs 1 and 2, or requests or receives the gift or remuneration referred to in point (b) of the latter paragraph, or accepts the offer or promise to receive it, shall incur the penalty referred to above in a degree and, in addition, the penalty of special disqualification for public employment or office, profession or office, for the pursuit of any health profession or for the provision of services of any kind in public or private clinics, establishments or offices, for the duration of the sentence. In addition, if any of the circumstances provided for in paragraph 4 occurs, the upper half of the penalty shall be imposed.

For the purposes of this article, the term "medical" includes physicians, nursing personnel and any other person performing a health or social-health activity.

6. The penalty shall be higher than that provided for in paragraph 1 and special disqualification for profession, trade, industry or commerce for the duration of the sentence, where the offender belongs to an organisation or criminal group engaged in such activities. If one of the circumstances provided for in paragraph 4 occurs, the penalty shall be imposed in the upper half. If the circumstances provided for in paragraph 5 are met, the penalties specified in paragraph 5 shall be imposed in the upper half of the sentence.

In the case of heads, administrators or heads of such organizations or groups, the penalty shall be applied to them in their upper half, which may be raised to the immediately higher level. In any event, the sentence shall be raised to the immediately higher level if any of the circumstances provided for in paragraph 4 or the circumstances provided for in paragraph 5 are present.

7. Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by this article, he shall be liable to a fine of three times the fivefold benefit obtained.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

8. The provocation, conspiracy and proposal to commit the offences provided for in this article shall be punished by a penalty of one to two degrees less than the penalty provided for in the preceding paragraphs.

9. In any event, the penalties provided for in this article shall be imposed without prejudice to those applicable, if any, for the offence provided for in article 177 bis of this Code and other offences actually committed.

10. Sentences of foreign judges or courts for offences of the same nature as those provided for in this article shall have the effect of recidivism, unless the criminal record has been or may be cancelled under Spanish law.

It is amended by article 2 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is added by article 36 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 156 ter.

The distribution or public dissemination through the Internet, the telephone or any other information technology or communication of content specifically intended to promote, encourage or incite self-harm of minors or persons with disabilities in need of special protection shall be punishable by imprisonment from six months to three years.

The judicial authorities shall order the adoption of the necessary measures for the removal of the contents referred to in the preceding paragraph, for the interruption of services offering predominantly such contents or for the blocking of both where they are based abroad.

It is amended by final provision 6.14 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is added by article 85 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 156 quater.

Persons convicted of one or more offences covered by this Title, if the victim is one of the persons referred to in Article 173(2), may also be subject to a probation measure.

It is added by final provision 6.15 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

Article 156 quinquies.

Persons convicted of any of the offences provided for in articles 147.1, 148, 149, 150 and 153 in which the victim is a minor may be sentenced, in addition to the appropriate penalties, to special disqualification from any profession, office or other activity, whether or not remunerated, involving regular and direct contact with minors, for a period of between three and five years than the duration of the deprivation of liberty imposed in the sentence or for a period of two to five years where no prison sentence has been imposed, in both cases the seriousness of the offence, the number of the offences committed and the circumstances of the convicted person shall be taken into account.

It is added by final provision 6.16 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

TITLE IV

From injury to the foetus

Article 157.

Any person who, by any means or procedure, causes an injury or illness to an unborn child which seriously impairs his normal development, or causes a serious physical or mental illness, shall be punished by imprisonment for a term of one to four years and by special disqualification from any health profession, or from providing services of any kind in clinics, establishments or gynaecological offices, public or private, for a period of two to eight years.

Article 158.

Anyone who commits the acts described in the preceding article by gross negligence shall be punished by imprisonment for a term of three to five months or a fine of six to 10 months.

Where the acts described in the preceding article are committed by professional negligence, the penalty of special disqualification from the exercise of the profession, office or office shall also be imposed for a period of six months to two years.

A pregnant woman shall not be punished under this provision.

The first paragraph is amended by article 55 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

TITLE V

Offences relating to genetic manipulation

Article 159.

1. They shall be punished by imprisonment for two to six years and special disqualification from public employment or office, profession or office for seven to ten years if, for purposes other than the elimination or reduction of taras or serious diseases, they manipulate human genes in such a way as to alter the genotype.

2. If the genotype is altered by serious negligence, the penalty shall be a fine of six to fifteen months and a special disqualification from public employment or office, profession or office of one to three years.

Article 160.

1. The use of genetic engineering to produce biological or exterminating weapons of the human species shall be punishable by imprisonment from three to seven years and special disqualification from public employment or office, profession or office for a period of seven to 10 years.

2. Persons who are responsible for the production of human eggs for any purpose other than human procreation shall be punished by imprisonment for one to five years and by special disqualification from public employment or office, profession or office for six to 10 years.

3. The same penalty shall be imposed on the creation of identical human beings by cloning or other procedures aimed at the selection of race.

It is amended by article 56 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 161.

1. Anyone who engages in assisted reproduction in a woman without her consent shall be punished by imprisonment for a term of between two and six years and by special disqualification from public employment or office, profession or office for a term of between one and four years.

2. In order to proceed with this offence, the aggrieved person or his legal representative shall be required to report. Where the child is a minor, a person with disabilities in need of special protection or a person who is invalid, the Public Prosecutor ' s Office may also report.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 57 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 162.

In the offences referred to in this title, the judicial authority may impose any or all of the consequences provided for in article 129 of this Code where the offender belongs to a society, organization or association, even of a temporary nature, which is engaged in the conduct of such activities.

It is amended by article 58 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

TITLE VI

Offences against freedom

CHAPTER I

Illegal detentions and abductions

Article 163.

1. Any person who detains or detains another person, depriving him of his liberty, shall be punished by imprisonment for a term of four to six years.

2. If the guilty party released the prisoner or detainee within the first three days of his arrest, without achieving the intended purpose, the lesser penalty shall be imposed.

3. The penalty shall be imprisonment from five to eight years if the imprisonment or detention has lasted more than fifteen days.

4. Any person who, outside the cases permitted by law, apprehends a person for immediate submission to the authority shall be liable to a fine of between three and six months.

Article 164.

Kidnapping of a person by requiring some condition to release him shall be punishable by imprisonment for a term of six to ten years. If the kidnapping has been carried out under article 163(3), the penalty one degree higher shall be imposed in degree, and the lower penalty shall be imposed in degree if the conditions of article 163(2) are met.

Article 165.

The penalties of the preceding articles shall be imposed in their highest half, in the respective cases, if the unlawful detention or abduction has been carried out by simulation of authority or public service, or the victim is a minor or a person with disabilities in need of special protection or public official in the exercise of his or her functions.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 166.

1. A prisoner of unlawful detention or abduction who does not give reason for the whereabouts of the person arrested shall be punished by imprisonment for a term of 10 to 15 years in the case of illegal detention and for a term of 15 to 20 years in the case of kidnapping.

2. The act shall be punishable by 15 to 20 years ' imprisonment, in the case of unlawful detention, and 20 to 25 years ' imprisonment, in the case of kidnapping, if any of the following circumstances occurs:

(a) The victim was a minor or a person with disabilities in need of special protection.

(b) The perpetrator carried out the unlawful arrest or abduction with the intention of violating the victim ' s freedom or sexual immunity, or subsequently acted for that purpose.

It is amended by article 86 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 167.

1. Any public authority or official who, apart from the cases permitted by law and without any cause for an offence, commits any of the acts described in this Chapter shall be punished by the penalties, respectively, provided for in the latter, in the upper half, and may reach the upper part in degree.

2. The same penalties shall be imposed on:

(a) A public official or authority who, whether or not acting on grounds of crime, agrees, practises or prolongs the deprivation of liberty of any person and who does not recognize such deprivation of liberty or otherwise conceals the situation or whereabouts of that person by depriving him of his constitutional or legal rights.

(b) Any individual who has carried out the facts with the authorization, support or acquiescence of the State or its authorities.

3. In all cases where the acts referred to in this article have been committed by public authority or official, they shall also be liable to an absolute disqualification for a period of eight to twelve years.

It is amended by article 87 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 168.

The provocation, conspiracy and proposal to commit the offences provided for in this Chapter shall be punishable by a penalty of one or two degrees less than that indicated for the offence in question.

CHAPTER II

Threats

Article 169.

Anyone who threatens to cause him, his family or other persons with whom he is intimately linked an evil that constitutes crimes of homicide, injury, abortion, freedom, torture and against moral integrity, sexual freedom, privacy, honour, property and socio-economic order shall be punished:

1. With imprisonment of one to five years, if the threat has been made by demanding an amount or imposing any other condition, even if it is not unlawful, and the guilty person has achieved his purpose. Failure to do so will result in imprisonment for six months to three years.

The penalties referred to in the preceding paragraph shall be imposed in the upper half if the threats are made in writing, by telephone or by any means of communication or reproduction, or on behalf of real or alleged entities or groups.

2. With imprisonment from six months to two years, when the threat has not been conditional.

Article 170.

1. If the threats of an evil that constitutes a crime are aimed at terrorizing the inhabitants of a population, ethnic, cultural or religious group, or social or professional group, or any other group of persons, and are of the gravity necessary to achieve this, penalties shall be imposed respectively higher than those provided for in the preceding article.

2. They shall be punished by imprisonment from six months to two years, which, for the same purpose and gravity, publicly claim the commission of violent acts by terrorist organizations or groups.

The subparagraph "armed bands" is deleted by additional provision 1 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 2 is amended by article 59 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 3 of Organic Law 2/1998 of 15 June. Ref. BOE-A-1998-14062

Article 171.

1. Threats of an evil which does not constitute a crime shall be punishable by imprisonment for a term of three months to one year or a fine of six to 24 months, taking into account the gravity and circumstance of the act, when the threat is conditional and the condition does not consist of due conduct. If the offender has achieved his purpose, he shall be punished in his upper half.

2. If a person demands from another a sum or reward under the threat of revealing or disseminating facts relating to his private life or family relations that are not publicly known and may affect his fame, credit or interest, he shall be punished by imprisonment for two to four years, if he has obtained the surrender of all or part of what is required, and for four months to two years, if he does not obtain it.

3. If the act described in the preceding paragraph consists in the threat of revealing or reporting the commission of an offence, the Public Prosecutor ' s Office may, in order to facilitate the punishment of the threat, refrain from charging for the offence the disclosure of which has been threatened, unless the offence is punishable by imprisonment for more than two years. In the latter case, the judge or court may lower the penalty by one or two degrees.

4. Anyone who threatens, in a mild manner, any person who is or has been his wife, or a woman who is or has been linked to him for a similar relationship of affection even without cohabitation, shall be punished by imprisonment for a term of six months to one year or work for the benefit of the community for thirty-one to eighty days and, in any case, deprivation of the right to hold and bear weapons for a period of one year and one day to three years, and, where the judge or court deems it appropriate for the interests of the child or person with disabilities in need of special protection, special disqualification from exercising parental authority, guardianship, guardianship, guardianship, guardianship or care for up to five years.

The same penalty shall be imposed on a person who in a light manner threatens a particularly vulnerable person living side by side with the perpetrator.

5. Any person who threatens with weapons or other dangerous instruments any of the persons referred to in article 173.2, except those referred to in the preceding paragraph of this article, shall be punished by imprisonment for a term of three months to one year or work for the benefit of the community for a period of thirty-one to eighty days and, in any case, by deprivation of the right to hold and bear weapons for a period of one to three years, and, where the judge or court deems it appropriate for the interests of the minor or person with disabilities in need of special protection, special disqualification from exercising parental authority, guardianship, guardianship, guardianship, custody or foster care for a period of six months to three years.

The penalties provided for in paragraphs 4 and 5 shall be imposed in the upper half of the penalty if the offence is committed in the presence of minors, or takes place in the common home or at the victim ' s home, or if it is carried out in breach of the penalty provided for in article 48 of this Code or a precautionary or security measure of the same nature.

6. Notwithstanding paragraphs 4 and 5, the judge or court may, on the basis of a judgement, impose the lesser penalty in the light of the author ' s personal circumstances and those involved in the commission of the act.

7. Apart from the above, anyone who threatens another in a mild manner shall be liable to a fine of one to three months. This will be prosecuted only by complaint from the aggrieved person or his legal representative.

Where the injured party is one of the persons referred to in Article 173 (2), the penalty shall be a permanent location of between five and thirty days, always at a different place of residence and away from that of the victim, or work for the benefit of the community from five to thirty days, or a fine from one to four months, the latter only in cases where the circumstances set out in Article 84 (2) apply. In such cases, the complaint referred to in the preceding paragraph shall not be enforceable.

Paragraph 7 is added and Article 5 and 6 are amended by Article 88 and 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 4, 5 and 6 are added by Art. 38 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Written according to the bug correction published in BOE No. 87 of 12 April 2005. Ref. BOE-A-2005-5835

It is amended by article 60 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER III

Coercions

Article 172.

1. Anyone who, without being legitimately authorized, prevents another from doing what the law does not prohibit from doing, or compels him to do what he does not want, whether fair or unjust, shall be punished by imprisonment for six months to three years or by a fine of 12 to 24 months, depending on the gravity of the coercion or the means employed.

Where coercion was intended to prevent the exercise of a fundamental right, the penalty shall be imposed in the upper half of the right, unless the act was punishable by a greater penalty in another provision of this Code.

Penalties shall also be imposed in the upper half where coercion was aimed at preventing the legitimate enjoyment of housing.

2. Anyone who, in a mild way, coerces his wife or wife, or a woman who is or has been linked to him for a similar relationship of affection, even without cohabitation, shall be punished by imprisonment from six months to one year or by work for the benefit of the community for thirty-one to eighty days and, in any case, deprivation of the right to hold and bear arms for one year and one day to three years, and, where the judge or court deems it appropriate for the interest of the child or person with disabilities in need of special protection, special disqualification for the exercise of parental authority, guardianship, guardianship, guardianship, guardianship or care for up to five years.

The same penalty shall be imposed on a person who slightly coerces a particularly vulnerable person living together with the perpetrator.

The penalty shall be imposed in the upper half of the sentence if the offence is committed in the presence of minors, or takes place in the common home or at the victim ' s home, or is carried out in breach of the penalty provided for in article 48 of this Code or a precautionary or security measure of the same nature.

Notwithstanding the foregoing paragraphs, the judge or court may, on the basis of a judgement, in the light of the author ' s personal circumstances and the concurring circumstances in the performance of the act, impose the lesser penalty in degree.

3. Apart from previous cases, a person who causes coercion of a minor nature to another person shall be punished by a fine of one to three months. This will be prosecuted only by complaint from the aggrieved person or his legal representative.

Where the injured party is one of the persons referred to in Article 173 (2), the penalty shall be a permanent location of between five and thirty days, always at a different place of residence and away from that of the victim, or work for the benefit of the community from five to thirty days, or a fine from one to four months, the latter only in cases where the circumstances set out in Article 84 (2) apply. In such cases, the complaint referred to in the preceding paragraph shall not be enforceable.

Paragraph 3 is added and Article 2 is amended by Article 89 and 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The third subparagraph is added to paragraph 1 by Article the sole Article, point 37 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

The first two subparagraphs are numbered as paragraph 1 and the second subparagraph is added as article 2. 39 of Organic Law 1/2004 of 28 December. Ref. BOE-A-2004-21760

Written according to the bug correction published in BOE No. 87 of 12 April 2005. Ref. BOE-A-2005-5835

It is amended by article 61 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 172 bis.

1. Anyone who, by serious intimidation or violence, makes it easier for another person to enter into marriage shall be punished by imprisonment for a term of six months to three years and six months or by a fine of 12 to 24 months, depending on the seriousness of the coercion or the means employed.

2. The same penalty shall be imposed on anyone who, for the purpose of committing the acts referred to in the preceding paragraph, uses violence, serious intimidation or deception to force another person to leave or not return to Spanish territory.

3. The penalties shall be imposed in the upper half of the sentence if the victim is a minor.

4. In addition to the decision on civil liability, convictions for the offence of forced marriage shall, where appropriate, be made in order to declare the marriage thus contracted null and void and to establish filiation and maintenance.

Paragraph 4, with effect from 7 October 2022, is added by final provision 4.3 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is added by article 90 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 172 ter.

1. The following shall be punished by imprisonment from three months to two years or by a fine from six to twenty-four months if a person is insistently and repeatedly harassed, and without being legitimately authorized, of any of the following conduct and thereby alters the normal development of his daily life:

1.a Keep an eye on her, pursue her, or seek her physical closeness.

2.a Establish or attempt to establish contact with it through any means of communication, or through third parties.

3.a By misuse of your personal data, you purchase products or goods, or contract services, or have third parties contact you.

4.a It infringes upon his freedom or his property, or upon the freedom or property of another person close to him. Where the victim is in a situation of special vulnerability on account of his age, illness, disability or any other circumstance, the penalty shall be imprisonment from six months to two years.

2. Where the injured party is one of the persons referred to in article 173 (2), a term of imprisonment of one to two years or work for the benefit of the community of sixty to one hundred and twenty days shall be imposed. In this case the complaint referred to in paragraph 4 of this Article shall not be necessary.

3. The penalties provided for in this article shall be imposed without prejudice to those penalties which may be applicable to offences involving acts of harassment.

4. The facts described in this article shall be prosecuted only by complaint from the aggrieved person or his legal representative.

5. Anyone who, without the consent of the owner, uses the image of a person to make advertisements or to open false profiles on social networks, contact pages or any means of public dissemination, causing the same situation of harassment, harassment or humiliation, shall be punished by imprisonment from three months to one year or a fine from six to twelve months. If the victim of the crime is a minor or a person with disabilities, the higher half of the sentence shall be served.

Paragraphs 1 and 5 are amended by final provision 2.2 of Organic Law 1/2023 of 28 February. Ref. BOE-A-2023-5364

Paragraph 1 is amended and paragraph 5 is added, with effect from 7 October 2022, by final provision 4.4 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is added by article 91 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 172 quater.

1. Any person who, in order to impede the exercise of the right to voluntary termination of pregnancy, harasses a woman through annoying, offensive, intimidating or coercive acts that impair her liberty shall be punished by imprisonment for a term of three months to one year or work for the benefit of the community for a period of thirty-one to eighty days.

2. The same penalties shall be imposed on anyone who, in the manner described in the preceding paragraph, harasses health-care workers in their professional or public service, and on the optional or managerial staff of centres authorized to terminate pregnancy with the aim of hindering the exercise of their profession or position.

3. In view of the seriousness, personal circumstances of the perpetrator and the concurring circumstances in the performance of the act, the court may also impose a prohibition on going to certain places for a period of six months to three years.

4. The penalties provided for in this article shall be imposed without prejudice to those penalties which may be applicable to offences involving acts of harassment.

5. In the pursuit of the facts described in this article, the complaint of the aggrieved person or his legal representation shall not be necessary.

It is added by the sole article of Organic Law 4/2022 of 12 April. Ref. BOE-A-2022-6044

Added text, published on 13/04/2022, in force from 14/04/2022.

TITLE VII

Torture and other crimes against moral integrity

Article 173.

1. Anyone who inflicts degrading treatment on another person, seriously impairing his moral integrity, shall be punished by imprisonment for a term of six months to two years.

The same penalty shall be imposed on those who, having knowledge of the whereabouts of the body of a person, repeatedly conceal such information from the relatives or relatives of the person concerned.

The same penalty shall be imposed on those who, in the context of any employment or official relationship and on the basis of their relationship of superiority, repeatedly engage in hostile or humiliating acts against another, which, without constituting degrading treatment, constitute serious harassment of the victim.

The same penalty shall also be imposed on a person who repeatedly engages in hostile or humiliating acts which, without constituting degrading treatment, are intended to prevent the legitimate enjoyment of housing.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by the preceding paragraphs, he shall be liable to a fine of six months to two years. Having regard to the rules laid down in Article 66a, Judges and Courts may also impose the penalties referred to in Article 33(7)(b) to (g).

2. Anyone who habitually exercises physical or mental violence against any person who is or has been his or her spouse or a person who is or has been linked to him or her by a similar relationship of affection even without cohabitation, or upon descendants, ascendants or siblings by nature, adoption or affinity, either of his or her spouse or cohabitant, or upon minors or persons with disabilities who are in special need of protection living with him or her or who are subject to the power, guardianship, guardianship, guardianship, foster care or de facto care of the spouse or cohabitant, or upon a person protected in any other relationship by which he or she is integrated into the nucleus of his or her family, as well as persons who, because of their particular vulnerability, are placed in custody or in public or private institutions, shall be punished by imprisonment for a term of six months to three years, deprivation of the right to possession and possession of weapons for a period of three to five years and, where the judge or court considers it appropriate for the interests of the minor or person in need of special protection, incapacity for the exercise of parental authority, guardianship, custody, custody, custody or custody or custody or custody of any person carrying of arms for a period of a period of life, where the judge or custody of a period of a person who considers it is not exceeding one.

The penalty shall be imposed in the upper half of the sentence if any or some of the acts of violence are committed in the presence of minors, or using weapons, or take place in the common home or at the victim ' s home, or are committed in breach of the penalty provided for in article 48 or a precautionary or security measure or prohibition of the same nature.

In the cases referred to in this paragraph, a probation measure may also be imposed.

3. In order to assess the normality referred to in the preceding paragraph, account shall be taken of the number of acts of violence that are proven, as well as the temporary proximity thereof, irrespective of whether such violence has been perpetrated on the same or different victims of those covered by this article, and whether or not violent acts have been prosecuted in previous proceedings.

4. Any person who causes an unjust insult or abuse of a minor character, if the injured person is one of the persons referred to in article 173, paragraph 2, shall be liable to a penalty of permanent location of between five and thirty days, always at a different home and away from that of the victim, or to work for the benefit of the community from five to thirty days, or to a fine from one to four months, the latter only in cases where the circumstances set out in article 84, paragraph 2, are present.

The same penalties shall be imposed on those who address another person with expressions, behaviours or propositions of a sexual nature that create an objectively humiliating, hostile or intimidating situation for the victim, without becoming any more serious offences.

The offences set forth in the preceding two paragraphs shall be prosecuted only by complaint from the aggrieved person or his legal representative.

Paragraph 1 is amended by the sole article 2 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

The second subparagraph is added to paragraph 1 by Article 1.1 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

Paragraphs 1 and 4 are amended, with effect from 7 October 2022, by final provision 4.5 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraph 2 is amended and Article 4 is added by the sole article 92 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The second and third subparagraphs are added to paragraph 1 by the sole article.38 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by art. 1.8 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

Article 174.

1. Any public authority or official who, by abusing his office, and in order to obtain a confession or information from any person or to punish him for any act he has committed or is suspected of having committed, or for any reason based on any form of discrimination, commits torture, subjects him to conditions or procedures which, by their nature, duration or other circumstances, entail physical or mental suffering, the suppression or reduction of his powers of knowledge, discernment or decision, or otherwise infringe upon his moral integrity. A person guilty of torture shall be punished by imprisonment for a term of two to six years if the attack is serious and imprisonment for a term of one to three years if it is not serious. In addition to the above-mentioned penalties, the penalty of absolute disqualification from eight to 12 years shall be imposed in any event.

2. The same penalties shall be imposed, respectively, on the authority or officer of penal institutions or juvenile protection or correction centres who commit, in respect of detainees, prisoners or prisoners, the acts referred to in the preceding paragraph.

Paragraph 1 is amended by article 62 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 175.

A public authority or official who, by abusing his position and outside the cases covered by the preceding article, infringes on the moral integrity of a person shall be punished by imprisonment for a term of two to four years if the attack is serious, and imprisonment for a term of six months to two years if it is not. In any event, in addition to the above penalties, the author shall be liable to a special disqualification from employment or public office for a period of two to four years.

Article 176.

The penalties laid down in the preceding articles shall be imposed respectively on the authority or official who, in breach of his duties, allows other persons to carry out the acts provided for therein.

Article 177.

If the offences described in the preceding articles, in addition to the violation of moral integrity, result in injury or damage to the life, physical integrity, health, sexual freedom or property of the victim or a third party, the acts shall be punished separately with the penalty applicable to them for the crimes committed, except where the offence is already particularly punishable by law.

It is amended by article 93 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

TITLE VII bis

Human trafficking

It is added by article the sole Article, point 39 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 177 bis.

1. The penalty shall be imprisonment for a term of five to eight years as an offender guilty of trafficking in human beings, whether in Spanish territory, whether from Spain, in transit or to Spain, using violence, intimidation or deception, or abusing a situation of superiority or necessity or vulnerability of the national or foreign victim, or by giving or receiving payments or benefits in order to obtain the consent of the person who has control over the victim, shall capture, transport, transfer, receive, or receive, including the exchange or transfer of control over such persons, for any of the following purposes:

(a) The imposition of forced labour or services, slavery or practices similar to slavery, servitude or begging.

(b) Sexual exploitation, including pornography.

(c) Exploitation for criminal activities.

(d) The removal of their bodily organs.

(e) The holding of forced marriages.

There is a situation of need or vulnerability where the person in question has no real or acceptable alternative to being abused.

Where the victim of trafficking in human beings is a minor, the penalty shall in any case be a special disqualification from any profession, trade or activity, whether or not remunerated, involving regular and direct contact with minors, for a period of between six and twenty years than the term of the deprivation of liberty imposed.

2. Even if none of the means set out in the preceding paragraph is used, human beings shall be considered to be any of the actions referred to in the preceding paragraph when it is carried out in respect of minors for the purpose of exploitation.

3. The consent of a victim of trafficking in human beings shall be irrelevant where any of the means referred to in the first paragraph of this Article has been used.

4. The penalty shall be higher than that provided for in the first paragraph of this Article if:

(a) The life or physical or mental integrity of the persons subject to the offence has been endangered;

(b) The victim is particularly vulnerable due to illness, gestational status, disability or personal situation, or is a minor.

(c) The victim is a person whose situation of vulnerability has been caused or aggravated by displacement resulting from an armed conflict or humanitarian catastrophe.

If more than one circumstance occurs, the penalty shall be imposed in its upper half.

5. The penalty shall be higher than that provided for in paragraph 1 of this article and shall be absolute disqualification from six to twelve years from those who carry out the acts by taking advantage of their status as authority, official of the latter or public official. If any of the circumstances provided for in paragraph 4 of this article also occurs, the upper half of the penalty shall be imposed.

6. The penalty shall be higher than that provided for in paragraph 1 of this Article and shall be imposed in respect of a special disqualification for profession, trade, industry or commerce for the time of the conviction, if the offender is a member of an organisation or association of more than two persons, including temporary persons, engaged in such activities. If any of the circumstances provided for in paragraph 4 of this article are present, the penalties shall be imposed in the upper half. If the circumstances provided for in paragraph 5 of this article are met, the penalties specified in the article in its upper half shall be imposed.

In the case of heads, administrators or heads of such organizations or associations, they shall be punished in their upper half, which may be raised to the immediately higher level. In any event, the sentence shall be raised to the immediately higher level if any of the circumstances provided for in paragraph 4 or the circumstances provided for in paragraph 5 of this article are present.

7. Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by this article, he shall be liable to a fine of three times the fivefold benefit obtained. Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

8. The provocation, conspiracy and proposal to commit the crime of trafficking in human beings shall be punished by a penalty of one or two degrees lower than the corresponding offence.

9. In any event, the penalties provided for in this article shall be imposed without prejudice to those applicable, where appropriate, for the offence provided for in article 318 bis of this Code and other offences actually committed, including those constituting exploitation.

10. Sentences of foreign judges or courts for offences of the same nature as those provided for in this article shall have the effect of recidivism, unless the criminal record has been or may be cancelled under Spanish law.

11. Without prejudice to the application of the general rules of this Code, the victim of trafficking in human beings shall be exempt from punishment for criminal offences committed in the situation of exploitation suffered, provided that his participation in them has been a direct consequence of the situation of violence, intimidation, deception or abuse to which he has been subjected and that there is adequate proportionality between that situation and the criminal act committed.

Point (c) is added to paragraph 4 by the sole article of Organic Law 13/2022 of 20 December 2022. Ref. BOE-A-2022-21676

Paragraph 1 is amended by final provision 6.17 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Paragraphs 1 and 4 are amended by article 94 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by article the sole Article, point 40 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

TITLE VIII

Sexual offences

The heading is amended, with effect from 7 October 2022, by final provision 4.6 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

The heading is amended by art. 1 of Organic Law 11/1999 of 30 April. Ref. BOE-A-1999-9744

CHAPTER I

Sexual assault

It is amended, with effect from 7 October 2022, by final provision 4.7 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 178.

1. Any person who commits any act that infringes on the sexual freedom of another person without his consent shall be liable to imprisonment for a term of one to four years, as a perpetrator of sexual assault. Consent shall be deemed to exist only when it has been freely expressed by acts which, in the circumstances of the case, clearly express the will of the person.

2. In any event, sexual assault is considered to be acts of sexual content committed using violence, intimidation or abuse of a situation of superiority or vulnerability of the victim, as well as those committed against persons who are deprived of meaning or whose mental situation is abused and those committed when the victim is nullified for any reason.

3. If the assault has been committed using violence or intimidation or on a victim who has his will annulled for any reason, the perpetrator shall be punished by imprisonment for one to five years.

4. The sentencing body, on the basis of the sentence, and provided that no violence or intimidation is taken or that the victim has been nullified for any reason or that the circumstances of article 180 do not apply, may impose the penalty of imprisonment in the lower half or a fine of eighteen to twenty-four months, in the light of the minor entity of the act and the personal circumstances of the offender.

Paragraph 2 is amended by renumbering paragraph 3 as 4 and adding paragraph 3 by the sole article 3 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

It is amended, with effect from 7 October 2022, by final provision 4.7 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 41 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 179.

1. When sexual assault consists of vaginal, anal or oral carnal access, or the introduction of body limbs or objects by either of the first two routes, the perpetrator shall be punished as a rape offender with a prison sentence of four to twelve years.

2. If the assault referred to in the preceding subparagraph is committed by means of violence or intimidation or if the victim has annulled for any reason his or her will, the penalty shall be imprisonment from six to twelve years.

Paragraph 2 is added and paragraph 1 is numbered by the sole article 4 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

It is amended, with effect from 7 October 2022, by final provision 4.7 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 63 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 180.

1. The above conduct shall be punished, respectively, by imprisonment for the offences of article 178.1, 2 to 8 years, imprisonment for the offences of article 1783, imprisonment for the offences of article 7 to 15 years, and imprisonment for the offences of article 179.1 and imprisonment for the offences of article 179.2 from 12 to 15 years, if any of the following circumstances occurs:

1.a When the acts are committed by the joint action of two or more persons.

2.a When sexual assault is preceded or accompanied by violence of extreme gravity or acts of a particularly degrading or vexatory nature.

3.a When the acts are committed against a person who is in a situation of special vulnerability due to his age, illness, disability or any other circumstance, except as provided in article 181.

4.a When the victim is or has been a wife or woman who is or has been linked by similar affectivity, even without cohabitation.

5.a. Where, for the purpose of the execution of the offence, the person responsible has been prevented from a situation or relationship of cohabitation or kinship or from a relationship of superiority over the victim.

6.a When the person responsible uses weapons or other equally dangerous means, which are likely to cause death or any of the injuries provided for in articles 149 and 150 of this Code, without prejudice to article 194 bis.

7.a. When the person responsible for the commission of these acts has annulled the victim ' s will by supplying him with drugs, drugs or any other natural or chemical substance suitable for that purpose.

Where the description of the typical modalities provided for in articles 178 or 179 has taken into account any of the above circumstances, the conflict shall be resolved in accordance with the rule of article 8.4 of this Code.

2. If two or more of the above circumstances are present, the penalties provided for in paragraph 1 of this Article shall be imposed in the upper half respectively.

3. In all cases provided for in this chapter, where the offender has been prevented from being an authority, an official of the latter or a public official, the penalty shall also be absolute disqualification for a period of six to twelve years.

Paragraph 1 is amended by the sole article 5 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

It is amended, with effect from 7 October 2022, by final provision 4.7 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

The circumstances 3a and 4a of paragraph 1 are amended by final provision 6.18 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

The first subparagraph and 3a of paragraph 1 are amended by article 42 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

CHAPTER II

Sexual assault of children under 16

It is amended, with effect from 7 October 2022, by final provision 4.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 181.

1. Anyone who commits sexual acts with a child under sixteen years of age shall be punished by imprisonment for a term of between two and six years.

For this purpose, sexual acts are considered to be those committed by the minor with a third party or on himself at the request of the perpetrator.

2. If, in the conduct of the preceding paragraph, any of the modalities described in article 178(2) and (3) is met, a prison sentence of between five and ten years shall be imposed.

3. The sentencing body, on the basis of a sentence, in the light of the minor entity of the act and assessing all concurrent circumstances, including the personal circumstances of the guilty party, may impose the lesser penalty of imprisonment in degree, except when violence or intimidation takes place or is carried out on a victim who has annulled for any reason his will, or the circumstances referred to in paragraph 5 of this article.

4. Where the sexual act consists of vaginal, anal or oral carnal access, or in the introduction of body members or objects by either of the first two routes, the perpetrator shall be punished by imprisonment from eight to twelve years in the cases of paragraph 1, and by imprisonment from twelve to fifteen years in the cases of paragraph 2.

5. The conduct referred to in the preceding paragraphs shall be punishable by imprisonment in the upper half of the sentence if one of the following circumstances occurs:

(a) When the acts are committed by the joint action of two or more persons.

(b) When sexual assault is preceded or accompanied by violence of extreme gravity or acts of a particularly degrading or vexatory nature.

(c) When the acts are committed against a person who is in a situation of special vulnerability on account of his or her age, illness, disability or any other circumstance, and in any case when he or she is under four years of age.

(d) When the victim is or has been a partner of the perpetrator, even without cohabitation.

(e) When, for the purpose of the execution of the offence, the person responsible has been prevented from living together or related or from a relationship of superiority over the victim.

(f) When the person responsible uses weapons or other means which are equally dangerous, liable to cause death or any of the injuries provided for in articles 149 and 150 of this Code, without prejudice to the provisions of article 194 bis.

(g) When, for the commission of these acts, the person responsible has annulled the victim ' s will by supplying him with drugs, drugs or any other natural or chemical substance suitable for that purpose.

(h) When the offence has been committed within an organization or criminal group engaged in such activities.

Where the description of the typical modalities provided for in paragraphs 1 to 3 of this Article has taken into account any of the above circumstances, the dispute shall be settled in accordance with the rule of Article 8.4 of this Code.

6. If two or more of the above circumstances occur, the penalties in the preceding paragraph shall be imposed in the upper half.

7. In all cases provided for in this article, where the offender has been prevented from being an official of this public official, the penalty of absolute disqualification shall also be six to twelve years.

It is amended by the sole article 6 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

It is amended, with effect from 7 October 2022, by final provision 4.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraph 4 is renumbered as 5 and Article 2 and 4 are amended by the sole article 43 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 182.

1. Anyone who, for sexual purposes, causes a child under sixteen years of age to witness acts of a sexual nature, even if the perpetrator does not participate in such acts, shall be punished by imprisonment for a term of six months to two years.

2. If acts of a sexual nature which are witnessed by a child under the age of sixteen constitute an offence against sexual freedom, the penalty shall be imprisonment for one to three years.

It is amended, with effect from 7 October 2022, by final provision 4.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraph 1 is amended by article 95 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 44 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by article 64 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 183.

1. Anyone who, through the Internet, the telephone or any other information and communication technology, contacts a minor under sixteen years of age and proposes to arrange a meeting with him in order to commit any of the offences described in articles 181 and 189, provided that such a proposal is accompanied by material acts aimed at rapprochement, shall be punished by imprisonment for one to three years or a fine of twelve to twenty-four months, without prejudice to the penalties corresponding to the offences committed in his case. Penalties shall be imposed in the upper half of the sentence if the approach is obtained by coercion, intimidation or deception.

2. Anyone who, through the Internet, the telephone or any other information and communication technology, contacts a minor under the age of sixteen years and engages in acts aimed at embarrassing him to provide pornographic material or to show him pornographic images depicting or appearing in a minor, shall be punished by imprisonment for a term of six months to two years.

It is amended, with effect from 7 October 2022, by final provision 4.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraph 4 (a) and (d) are amended by final provision 6.19 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 97 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 46 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 2 is amended by article 65 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 183 bis.

Except in cases where one of the circumstances provided for in article 178, second paragraph, is present, the free consent of a child under sixteen years of age shall exclude criminal liability for the offences provided for in this chapter where the perpetrator is a person close to the child by age and degree of physical and psychological development or maturity.

It is amended, with effect from 7 October 2022, by final provision 4.8 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 98 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by article 47 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

CHAPTER III

Sexual harassment

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 184.

1. Any person who applies for favours of a sexual nature, for himself or for a third party, in the context of an employment, teaching, service or similar relationship, whether continuous or habitual, and with such behaviour causes the victim an objective and gravely intimidating, hostile or humiliating situation, shall be punished, as a perpetrator of sexual harassment, with imprisonment from six to twelve months or a fine from ten to fifteen months and with special disqualification for the exercise of the profession, office or activity from twelve to fifteen months.

2. If the perpetrator of sexual harassment has committed the act by taking advantage of a situation of superior employment, teaching or hierarchical status, or of a person subject to his custody or custody, or by the express or tacit announcement of causing an evil to the victim related to the legitimate expectations that the victim may have in the context of the said relationship, the penalty shall be imprisonment for one to two years and special disqualification from exercising the profession, office or activity for eighteen to twenty-four months.

3. Furthermore, if the perpetrator of sexual harassment has committed it in juvenile protection or reform centres, detention centres for foreign persons, or any other detention, custody or reception centres, including temporary stay centres, the penalty shall be imprisonment for one to two years and special disqualification from the exercise of the profession, trade or activity for eighteen to twenty-four months, without prejudice to the provisions of article 443.2.

4. Where the victim is in a situation of particular vulnerability due to age, illness or disability, the penalty shall be imposed in the upper half.

5. Where, in accordance with article 31 bis, a legal person is responsible for this offence, he shall be liable to a fine of six months to two years. In accordance with the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33(7)(b) to (g).

It is amended, with effect from 7 October 2022, by final provision 4.10 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 66 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

CHAPTER IV

The crimes of exhibitionism and sexual provocation

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 185.

Any person who executes or causes to be executed an act of obscene display against minors or persons with disabilities in need of special protection shall be punished by imprisonment for a term of six months to one year or a fine of 12 to 24 months.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

It is amended by article 67 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 186.

Anyone who, by any direct means, sells, disseminates or exhibits pornographic material to minors or persons with disabilities in need of special protection, shall be punished by imprisonment from six months to one year or a fine from 12 to 24 months.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

It is amended by article 68 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

CHAPTER V

Offences relating to prostitution and sexual exploitation and corruption of minors.

The heading is amended by article 101 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 187.

1. Any person who, by using violence, intimidation or deception, or by abusing a situation of superiority or necessity or vulnerability of the victim, determines an adult to engage in or to remain in prostitution, shall be punished by imprisonment for two to five years and a fine of 12 to 24 months.

The penalty shall be imprisonment from two to four years and a fine from twelve to twenty-four months for anyone who exploits the prostitution of another person, even with the consent of another person. In any event, exploitation shall be deemed to occur in the event of any of the following:

(a) The victim is in a situation of personal or economic vulnerability.

(b) The imposition of burdensome, disproportionate or abusive conditions on the exercise of such conditions.

2. The penalties provided for in the preceding paragraphs shall be imposed at their highest half, in their respective cases, in the event of any of the following:

(a) Where the guilty party has prevented himself from being an authority, an official of the latter or a public official. In this case, the penalty of absolute disqualification from six to twelve years shall also apply.

(b) Where the offender belongs to a criminal organization or group engaged in such activities.

(c) When the guilty party has endangered, in a malicious manner or by gross negligence, the life or health of the victim.

3. The above penalties shall be imposed in their respective cases without prejudice to those resulting from sexual assault or abuse committed against the prostitute.

It is amended by article 102 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 2 and 3 are renumbered as paragraphs 3 and 4, 1 and 2 are amended and 5 are added by the sole article 48 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 188.

1. Anyone who induces, promotes, encourages or facilitates the prostitution of a minor or a person with disabilities in special need of protection, or who profits from it, or otherwise exploits a minor or a person with disabilities for these purposes, shall be punished by imprisonment for two to five years and a fine of 12 to 24 months.

If the victim is under 16 years of age, the penalty shall be imprisonment from four to eight years and a fine from twelve to twenty-four months.

2. If the acts described in the preceding paragraph are committed with violence or intimidation, in addition to the fine provided, the penalty shall be imprisonment from five to ten years if the victim is under sixteen years of age, and imprisonment from four to six years in other cases.

3. The penalties higher than those provided for in the preceding paragraphs shall be imposed, in their respective cases, if any of the following circumstances occur:

(a) When the victim is in a situation of special vulnerability on account of age, illness, disability or any other circumstance.

(b) When, for the purpose of the execution of the offence, the perpetrator has been prevented from living together or from a relationship of superiority or kinship, as an ascendant, or brother, by nature or adoption, or related, with the victim.

(c) When, for the purpose of the execution of the offence, the perpetrator has been prevented from being an authority, an official of the latter or a public official. In this case, an absolute disqualification penalty of six to twelve years shall be imposed.

(d) When the guilty party has endangered, in a malicious manner or by gross negligence, the life or health of the victim.

(e) When the acts were committed by the joint action of two or more persons.

(f) Where the guilty party belongs to an organization or association, including a temporary organization, which engages in such activities.

4. Anyone who requests, accepts or obtains, in exchange for remuneration or promise, a sexual relationship with a minor or a person with disabilities in need of special protection, shall be punished by imprisonment for one to four years. If the minor has not attained sixteen years of age, imprisonment shall be imposed from two to six years.

5. The above penalties shall be imposed in their respective cases without prejudice to those applicable for offences against sexual freedom or compensation committed against minors and persons with disabilities in need of special protection.

Paragraph 3 (a) and (b) are amended by final provision 6.21 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 103 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 4 is renumbered as 5 and 2, 3 and 4 are amended by the single article. 49 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by art. 1.9 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 189.

1. He shall be punished by imprisonment for one to five years:

(a) Anyone who captures or uses minors or persons with disabilities in special need of protection for purposes or in exhibitionist or pornographic performances, both public and private, or to produce any kind of pornographic material, whatever its support, or to finance or profit from any of these activities;

(b) Anyone who produces, sells, distributes, exhibits, offers or facilitates the production, sale, dissemination or exhibition by any means of child pornography or in the production of which persons with disabilities in special need of protection have been used, or possesses it for these purposes, even if the material has its origin abroad or is unknown.

For the purposes of this Title, child pornography is considered to be child pornography or in which persons with disabilities in need of special protection have been used:

(a) Any material that visually represents a minor or a person with disabilities in need of special protection by engaging in sexually explicit, actual or simulated conduct.

(b) Any representation of the sexual organs of a minor or person with disabilities in need of special protection for primarily sexual purposes.

(c) Any material that visually represents a person who appears to be a minor by engaging in sexually explicit, actual or simulated conduct, or any representation of the sexual organs of a person who appears to be a minor, for primarily sexual purposes, unless the person who appears to be a minor is in fact eighteen years of age or more at the time of obtaining the images.

(d) Realistic images of a minor participating in sexually explicit conduct or realistic images of the sexual organs of a minor, for primarily sexual purposes.

2. The following shall be punished by imprisonment for a term of five to nine years:

(a) When children under the age of sixteen are used.

(b) When the facts are of a particularly degrading or vexatory nature, physical or sexual violence is used to obtain pornographic material or scenes of physical or sexual violence.

(c) When minors are used who are in a situation of special vulnerability due to illness, disability or any other circumstance.

(d) When the guilty party has endangered, in a malicious manner or by gross negligence, the life or health of the victim.

(e) When pornographic material is of notorious importance.

(f) Where the guilty party belongs to an organization or association, including a temporary organization, which engages in such activities.

(g) Where the person responsible is an ascendant, guardian, curator, guardian, teacher or any other person in charge, in fact, even provisionally, or in law, of the minor or disabled person in need of special protection, or is any person living with him or of another person acting by abusing his or her recognized position of trust or authority.

(h) When the aggravating circumstance of recidivism occurs.

3. If the acts referred to in point (a) of the first subparagraph of paragraph 1 have been committed with violence or intimidation, the penalty shall be higher than those provided for in the preceding paragraphs.

4. Anyone who knowingly attends exhibitionist or pornographic performances involving minors or persons with disabilities in need of special protection shall be punished by imprisonment for six months to two years.

5. Anyone who acquires or possesses child pornography for his own use or in the production of which persons with disabilities in need of special protection have been used shall be punished by imprisonment for three months to one year or by a fine of six months to two years.

The same penalty shall be imposed on anyone who knowingly accesses child pornography or in the production of which persons with disabilities in need of special protection have been used, through information and communication technologies.

6. Anyone who has under his authority, guardianship, custody or care of a minor or a person with disabilities in special need of protection and who, knowing his or her state of prostitution or corruption, does not do his or her utmost to prevent his or her continuation in such a state, or does not go to the competent authority for the same purpose if he or she lacks the means for the custody of the child or person with disabilities in need of special protection, shall be punished by imprisonment for three to six months or a fine of six to twelve months.

7. The Public Prosecutor ' s Office shall take appropriate action to deprive the person who engages in any of the acts described in the preceding subparagraph of parental authority, guardianship, guardianship or foster care, if any, of family care.

8. The judges and courts shall order the adoption of the necessary measures for the removal of websites or Internet applications containing or disseminating child pornography or in which persons with disabilities in special need of protection were used or, where appropriate, to block access to them by Internet users who are in Spanish territory.

Such measures may be agreed upon on a precautionary basis at the request of the Public Prosecutor.

Paragraph 2 (b), (c) and (g) are amended by final provision 6.22 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 104 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The first subparagraph and points (a) and (b) of paragraph 1 and the first subparagraph of paragraph 3 shall be amended and 8 shall be deleted by the sole Article 50 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 69 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 189 bis.

The distribution or public dissemination through the Internet, the telephone or any other information technology or communication of content specifically intended to promote, encourage or incite the commission of the offences provided for in this chapter and in Chapters II and IV of this Title shall be punishable by a fine of six to twelve months or imprisonment of one to three years.

The judicial authorities shall order the adoption of the necessary measures for the removal of the contents referred to in the preceding paragraph, for the interruption of services offering predominantly such contents or for the blocking of both where they are based abroad.

It is amended by article 7 of Organic Law 4/2023 of 27 April. Ref. BOE-A-2023-10213

It is amended by final provision 6.23 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is added by article the sole Article, point 51 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 189 ter.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by this Chapter, the following penalties shall be imposed:

(a) Fine of three times the fivefold benefit obtained, if the offence committed by the natural person is punishable by imprisonment for more than five years.

(b) Fine of twice as much as four times the benefit obtained, if the offence committed by the natural person is punishable by imprisonment for more than two years not covered by the preceding subparagraph.

(c) Fine of twice as much as three times the profit obtained, in the rest of the cases.

(d) Dissolution of the legal person, in accordance with article 33.7 (b) of this Code, other penalties provided for in article 66 bis, which are compatible with dissolution, may be ordered in accordance with the rules set out in that Code.

Point (d) is added, replacing the last current paragraph, with effect from 7 October 2022, by final provision 4.11 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is added by final provision 6.24 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Text added, published on 05/06/2021, in force from 25/06/2021.

CHAPTER VI

Provisions common to previous chapters

Text added, published on 07/09/2022, in force from 07/10/2022.

Article 190.

The sentence of a foreign judge or court, imposed for offences covered by this Title, shall be equal to the sentences of the Spanish judges or courts for the purpose of applying the aggravating circumstance of recidivism.

It is amended, with effect from 7 October 2022, by final provision 4.12 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by art. 2 of Organic Law 11/1999, of 30 April. Ref. BOE-A-1999-9744

Article 191.

1. In order to proceed with the crimes of sexual assault and sexual harassment, the aggrieved person, his legal representative or complaint from the Public Prosecutor's Office, who will act by weighing the legitimate interests in the presence, shall be required to report. Where the victim is a minor, a person with disabilities in need of special protection or a person who is invalid, the complaint of the Public Prosecutor shall suffice.

2. In such offences, the pardon of the injured party or the legal representative does not extinguish the criminal action or the responsibility of that kind.

Paragraph 1 is amended, with effect from 7 October 2022, by final provision 4.13 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 89 and 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 192.

1. Persons sentenced to imprisonment for one or more offences covered by this Title shall also be subject to probation, which shall be carried out after the penalty of deprivation of liberty. The duration of such a measure shall be five to ten years, if any of the offences is serious, and one to five years in the case of one or more less serious offences. In the latter case, in the case of a single offence committed by a primary offender, the court may or may not impose the probation measure in the light of the perpetrator ' s minor danger.

2. An ascendant, guardian, curator, guardian, teacher or any other person in charge of the law or fact of a child or person with disabilities in need of special protection, who intervenes as perpetrators or accomplices in the commission of the offences covered by this Title, shall be punished by the penalty applicable to them, at their highest half.

This rule shall not apply where the circumstances contained therein are specifically covered by the criminal offence in question.

3. The judicial authority shall impose on persons responsible for the commission of any of the offences of Chapters I or V when the victim is a minor and in any case of any of the offences of Chapter II, in addition to the penalties provided for in those Chapters, the penalty of deprivation of parental authority or of special disqualification for the exercise of the rights of parental authority, guardianship, curatorship, guardianship or care, for a period of four to ten years. Persons responsible for the other offences of this Title may, in addition to the penalties specified for such offences, be sentenced to deprivation of parental authority or to special disqualification from exercising the rights of parental authority, guardianship, guardianship, guardianship, guardianship or foster care for a period of six months to six years, as well as to disqualification from employment or public office or the exercise of the profession or office, whether or not remunerated, for a period of six months to six years.

The judicial authority shall also impose on persons responsible for the offences covered by this Title, without prejudice to the penalties applicable under the preceding articles, a penalty of special disqualification for any profession, office or activity, whether or not remunerated, involving regular and direct contact with minors, for a period of between five and twenty years than the term of the deprivation of liberty imposed by the sentence if the offence is serious, and between two and twenty years if it is less serious. In both cases, care shall be taken in proportion to the seriousness of the offence, the number of the offences committed and the circumstances of the convicted person.

Paragraph 3 is amended with effect from 7 October 2022, by final provision 4.14 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Paragraph 3 is amended by final provision 6.25 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Paragraphs 1 to 3 are amended by article 105 and 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 1 and 2 are renumbered as paragraphs 2 and 3 and Article 52 of Organic Law 5/2010 of 22 June amends paragraphs 1 and 3. Ref. BOE-A-2010-9953

Article 193.

In addition to civil liability, convictions for offences against sexual freedom shall be made, where appropriate, for filiation and maintenance.

Article 194.

In the cases described in Chapters IV and V of this Title, when establishments or premises, whether open or not to the public, are used in the performance of the acts, their final closure shall be decreed in the conviction. The closure may also be adopted on a precautionary basis.

It is amended, with effect from 7 October 2022, by final provision 4.15 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Article 194 bis.

The penalties provided for in the offences of this title shall be imposed without prejudice to the penalty which may be imposed for acts of physical or mental violence.

It is added, with effect from 7 October 2022, by final provision 4.16 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

Text added, published on 07/09/2022, in force from 07/10/2022.

TITLE IX

Failure of the duty of relief

Article 195.

1. A person who does not provide assistance to a person who is helpless and in manifest and grave danger, when he or she can do so without his or her own or third party risk, shall be liable to a fine of three to twelve months.

2. The same penalties shall be imposed on those who, unable to provide relief, do not urgently seek help from others.

3. If the victim is an accident by accident caused by the person who omitted the aid, the penalty shall be imprisonment for six months to 18 months, and if the accident is due to recklessness, imprisonment for six months to four years.

Paragraph 3 is amended by article 70 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 196.

A professional who, being obliged to do so, refuses health care or abandons health services, when the refusal or abandonment results in a serious risk to the health of persons, shall be punished by the penalties set out in the preceding article at its highest half and by the penalty of special disqualification from employment or public office, profession or trade, for a period of six months to three years.

TITLE X

Offences against privacy, the right to image and inviolability of the home

CHAPTER I

The discovery and revelation of secrets

Article 197.

1. Anyone who, in order to discover the secrets or violate the privacy of another, without his consent, seizes his papers, letters, e-mails or any other documents or personal effects, intercepts his telecommunications or uses technical devices for listening, transmitting, recording or reproducing the sound or image, or any other communication signal, shall be punished by imprisonment for one to four years and a fine of 12 to 24 months.

2. The same penalties shall be imposed on anyone who, without being authorized, takes over, uses or modifies, to the detriment of third parties, personal or family reserved data of another person which is recorded in computer, electronic or telematic files or media, or in any other type of public or private record or record. The same penalties shall be imposed on anyone who, without being authorized, accesses them by any means and who alters or uses them to the detriment of the data holder or a third party.

3. A term of imprisonment of two to five years shall be imposed if the data or facts discovered or the images taken referred to in the preceding numbers are disseminated, disclosed or transferred to third parties.

He shall be punished by imprisonment from one to three years and a fine from twelve to twenty-four months, who, knowing his illicit origin and having not taken part in his discovery, carries out the conduct described in the preceding paragraph.

4. The acts described in paragraphs 1 and 2 of this article shall be punishable by imprisonment for a term of three to five years if:

(a) They are committed by persons responsible for or responsible for files, computer, electronic or telematic media, archives or records; or

(b) are carried out by unauthorized use of the victim's personal data.

If the data reserved have been disseminated, transferred or disclosed to third parties, the penalties shall be imposed in the upper half.

5. Similarly, where the facts described in the preceding paragraphs affect personal data revealing ideology, religion, belief, health, racial origin or sexual life, or the victim is a minor or a person with disabilities in need of special protection, the penalties provided for in the upper half of the sentence shall be imposed.

6. If the acts are committed for profit, the penalties provided for in paragraphs 1 to 4 of this article shall be imposed in the upper half respectively. If they also concern data referred to in the preceding paragraph, the penalty to be imposed shall be imprisonment for four to seven years.

7. A penalty of imprisonment of three months to one year or a fine of six to twelve months shall be imposed on any person who, without the authorization of the person concerned, disseminates, discloses or gives to third parties images or audio-visual recordings of any person obtained with his consent in a home or any other place beyond the reach of third parties, where disclosure seriously impairs the personal privacy of that person.

A fine of between one and three months shall be imposed on anyone who, having received the audio-visual images or recordings referred to in the preceding paragraph, disseminates, discloses or transfers them to third parties without the consent of the person concerned.

In the cases of the preceding paragraphs, the penalty shall be imposed in the upper half of the sentence if the acts were committed by the spouse or by a person who is or has been associated with him or her for similar affectivity, even if not cohabited, the victim was a minor or a person with disabilities in need of special protection, or the acts were committed for a gainful purpose.

Paragraph 7 is amended with effect from 7 October 2022, by final provision 4.17 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 106 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 7 is amended by final provision 2.2 of Organic Law 3/2011 of 28 January. Ref. BOE-A-2011-1640.

Paragraph 3, 4, 5 and 6 are renumbered as 4, 5, 6, and 7, paragraph 3 is amended and Article 8 is added by the sole article 53 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 197 bis.

1. Any person who, by any means or procedure, violates the security measures established to prevent it, and without being duly authorized, accesses or facilitates access to or maintains in another part of an information system against the will of those who have the legitimate right to exclude it, shall be punished by imprisonment for a term of six months to two years.

2. Any person who, by means of technical devices or instruments, and without being duly authorized, intercepts non-public transmissions of computer data from, to or within an information system, including electromagnetic emissions thereof, shall be liable to a term of imprisonment of three months to two years or a fine of three to twelve months.

It is added by article 107 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 197 ter.

The following shall be punished by imprisonment for a term of six months to two years or a fine of three to eighteen months if the person who, without being duly authorized, produces, acquires for use, amounts or in any way facilitates the commission of any of the offences referred to in Article 197 (1) and (2) or Article 197a:

(a) a computer programme, designed or adapted primarily for the purpose of committing such offences; or

(b) a computer password, access code or similar data allowing access to all or part of an information system.

It is added by the sole article.108 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 197 quater.

If the acts described in this Chapter have been committed within a criminal organization or group, the highest penalties in degree shall apply respectively.

It is added by article 109 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 197 quinquies.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by articles 197, 197 bis and 197 ter, he shall be liable to a fine of six months to two years. Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is added by article 110 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 198.

Any public authority or official who, outside the cases permitted by law, without a legal cause for an offence, and taking advantage of his position, carries out any of the acts described in the preceding article, shall be punished by the penalties provided for in the same article, in its upper half and, in addition, by the penalty of absolute disqualification for a period of six to twelve years.

Article 199.

1. Any person who discloses secrets of others, known to him on account of his trade or labour relations, shall be punished by imprisonment for a term of one to three years and a fine of six to twelve months.

2. A professional who, in breach of his obligation to steal or reserve, discloses the secrets of another person, shall be punished by imprisonment for a term of one to four years, a fine of twelve to twenty-four months and special disqualification for that profession for a period of two to six years.

Article 200.

The provisions of this chapter shall apply to anyone who discovers, discloses or transfers confidential data from legal persons, without the consent of their representatives, except as provided in other provisions of this Code.

Article 201.

1. In order to proceed for the offences provided for in this Chapter, a complaint by the aggrieved person or his legal representative shall be necessary.

2. The complaint required in the preceding paragraph shall not be required to proceed for the acts described in article 198 of this Code, nor where the commission of the offence affects the general interests, a plurality of persons or if the victim is a minor or a person with disabilities in need of special protection.

3. The pardon of the injured party or his legal representative, if any, extinguishes the criminal proceedings without prejudice to the provisions of article 130.1.5.o, second paragraph.

It is amended by final provision 6.26 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 3 is amended by article 54 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

CHAPTER II

Home invasion, domicile of legal persons and establishments open to the public

Article 202.

1. Any person who does not live in the dwelling shall enter or remain in the dwelling of another person against the will of his or her inhabitant, shall be punished by imprisonment for a term of six months to two years.

2. If the act is carried out with violence or intimidation, the penalty shall be imprisonment for one to four years and a fine of six to twelve months.

Article 203.

1. The penalty shall be imprisonment of six months to one year and a fine of six to ten months if the person concerned enters the home of a public or private legal person, a professional office or office, or a commercial or local establishment open to the public outside the opening hours.

2. A fine of between one and three months shall be imposed on anyone who maintains himself against the will of the holder, outside the opening hours, at the home of a public or private legal person, a professional office or office, or in a commercial or local establishment open to the public.

3. The penalty shall be imprisonment from six months to three years, if by violence or intimidation he enters or remains against the will of the holder in the home of a public or private legal person, professional office or office, or in a commercial or local establishment open to the public.

Paragraph 2 is renumbered as 3 and a 2 is added by the sole article 111 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 204.

Any public authority or official who, apart from the cases permitted by law and without a legal cause for an offence, commits any of the acts described in the two preceding articles, shall be punished by the penalty provided for in them, respectively, in the upper half, and by an absolute disqualification of six to twelve years.

TITLE XI

Crimes against honour

CHAPTER I

From slander

Article 205.

It is slander to accuse a crime made with knowledge of its falsehood or reckless contempt for the truth.

Article 206.

The libel shall be punishable by imprisonment for a term of six months to two years or a fine of 12 to 24 months, if it is propagated with publicity and, in another case, by a fine of six to 12 months.

It is amended by article 71 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 207.

The accused for the crime of slander shall be exempt from any penalty by proving the criminal act he has charged.

CHAPTER II

From injury

Article 208.

It is insulting to the action or expression that harms the dignity of another person, impairing his fame or violating his own esteem.

Only insults which, by their nature, effects and circumstances, are regarded as serious in the public sphere shall constitute an offence, without prejudice to the provisions of Article 173(4).

Injures consisting in the imputation of facts shall not be considered serious, except when they have been carried out with knowledge of their falsehood or reckless contempt for the truth.

The second paragraph is amended by article 112 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 209.

Serious insults made with publicity shall be punishable by a fine of six to fourteen months and, in another case, by a fine of three to seven months.

Article 210.

The accused shall be exempt from liability by proving the truth of the charges when they are directed against public officials on facts concerning the exercise of their duties or concerning the commission of administrative offences.

It is amended by article 131 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER III

General provisions

Article 211.

The slander and insult will be reputed to be made with publicity when spread through the printing press, broadcasting or by any other means of similar effectiveness.

Article 212.

In the cases referred to in the preceding article, the natural or legal person who owns the information media through which the slander or insult has spread shall be liable for civil solidarity.

Article 213.

If the slander or insult is committed by price, reward or promise, the Courts shall impose, in addition to the penalties specified for the offences in question, the special disqualification provided for in articles 42 or 45 of this Code, for a period of six months to two years.

Article 214.

If the accused of slander or insult recognizes before the judicial authority the falseness or lack of certainty of the charges and retracts them, the judge or court shall impose the immediately lower penalty in degree and may cease to impose the penalty of disqualification provided for in the preceding article.

The judge or court before which the recognition took place shall order that testimony of retraction be given to the injured party and, if the latter so requests, shall order its publication in the same medium in which the slander or insult was committed, in a space identical to or similar to that in which it was disseminated and within the time limit specified by the judge or tribunal.

Article 215.

1. No one shall be punished for slander or insult except on the basis of a complaint by the person offended by the offence or by his legal representative. The offence shall be committed ex officio when it is directed against a public official, authority or agent of the public official on facts concerning the exercise of his or her duties.

2. No one may deduce libel or insult brought in court without the prior licence of the judge or court who has heard or heard him.

3. The pardon of the offended person extinguishes the criminal proceedings, without prejudice to the provisions of article 130.1.5.o, second paragraph of this Code.

Paragraph 3 is amended by final provision 6.27 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Paragraph 3 is amended by article 55 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by article 72 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 216.

In the case of slander or insult, compensation for the damage is considered to include publication or disclosure of the conviction, at the expense of the convicted person for such offences, in the time and manner that the judge or court considers most appropriate for that purpose, after hearing both parties.

TITLE XII

Offences against family relations

CHAPTER I

Illegal marriages

Article 217.

Any person who enters into second or subsequent marriage, knowing that the previous marriage is still lawful, shall be punished by imprisonment for a term of six months to one year.

Article 218.

1. Any person who, in order to harm the other person, enters into an invalid marriage shall be punished by imprisonment for a term of six months to two years.

2. The person responsible shall be exempt from punishment if the marriage is subsequently validated.

Article 219.

1. Anyone who authorizes a marriage in which there is a known or reported cause of nullity in the file shall be punished by imprisonment for a term of six months to two years and special disqualification from employment or public office for a term of two to six years.

2. If the ground for invalidity is exempt, the penalty shall be suspension of employment or public office from six months to two years.

CHAPTER II

Presumption of childbirth and alteration of paternity, status or condition of the minor

Article 220.

1. The assumption of a birth shall be punishable by imprisonment for six months to two years.

2. The same penalty shall be imposed on anyone who conceals or surrenders to third parties a person under the age of eighteen years to alter or modify his or her filiation.

3. The replacement of one child by another shall be punishable by imprisonment for a term of one to five years.

4. An ascendant, by nature or by adoption, who commits the acts described in the above three paragraphs may also be punished with the penalty of special disqualification from exercising the right of parental authority over the alleged child or descendant, concealed, surrendered or replaced, and, where appropriate, over the rest of the children or descendants for a period of four to ten years.

5. Substitutions of a child by another child in health or social-health facilities due to the serious negligence of those responsible for their identification and custody shall be punishable by imprisonment from six months to one year.

Paragraph 2 is amended by final provision 6.28 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

Article 221.

1. Those who, by means of financial compensation, surrender to another person a child, descendant or any minor even if they do not have a filiation or kinship relationship, circumventing the legal procedures of custody, foster care or adoption, with the aim of establishing a relationship similar to that of filiation, shall be punished by imprisonment for one to five years and by special disqualification from exercising the right of parental authority, guardianship, guardianship or guardianship or custody for a period of four to 10 years.

2. The same penalty shall be imposed on the person receiving the child and the intermediary, even if the child ' s surrender was made in a foreign country.

3. If the acts are committed using day-care centres, schools or other premises or establishments where children are collected, the guilty party shall be liable to a special disqualification from carrying out the aforementioned activities for a period of two to six years and the temporary or permanent closure of the establishments may be agreed upon. At temporary closure, the period may not exceed five years.

Paragraph 1 is amended by article 73 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 222.

An educator, a physician, an authority or a public official who, in the exercise of his profession or position, carries out the conduct described in the preceding two articles, shall be punished by the above-mentioned penalty and, in addition, by disqualification from special employment or public office, profession or occupation, from two to six years.

For the purposes of this article, the term "medical" includes physicians, midwives, nursing personnel and any other person performing a health or social-health activity.

CHAPTER III

Offences against family rights and duties

Section 1.a. On breach of custody duties and the inducement of minors to leave their homes

Article 223.

Anyone who, having custody of a minor or a person with disabilities in need of special protection, does not present him or her to his parents or guardians without justification, when requested by them, shall be punished by imprisonment from six months to two years, without prejudice to the fact that the acts constitute another more serious offence.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 224.

Anyone who induces a minor or a person with disabilities in need of special protection to leave the family home, or where he or she resides with the consent of his or her parents, guardians or guardians, shall be punished by imprisonment from six months to two years.

The same penalty shall be imposed on a parent who induces his or her minor child to violate the custody regime established by the judicial or administrative authority.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 2 is added by art. 3 of Organic Law 9/2002 of 10 December. Ref. BOE-A-2002-24044

Article 225.

Where the person responsible for the offences referred to in the two preceding articles restores a minor or a person with disabilities in need of special protection to his home or residence, or places him in a known and safe place, without having been subjected to any abuse, abuse or criminal act, or endangering his life, health, physical integrity or sexual freedom, the act shall be punishable by imprisonment from three months to one year or a fine from six to 24 months, provided that the place of stay of the minor or the person with disabilities in need of special protection has been communicated to his parents, guardians or guardians, or the absence has not been more than 24 hours.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

It is amended by article 74 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 2.a on the abduction of minors

It is amended by art. 1.1 of Organic Law 9/2002 of 10 December. Ref. BOE-A-2002-24044

Article 225 bis.

1. A parent who, without justifiable cause, takes away his minor child shall be punished by imprisonment for two to four years and by special disqualification from exercising the right of parental authority for a period of four to ten years.

2. For the purposes of this Article, the following shall be considered subtraction:

1. The transfer of a minor from his place of habitual residence without the consent of the other parent or of the persons or institutions to which he was entrusted.

2. The detention of a minor in grave breach of the duty established by a judicial or administrative decision.

3. Where the child is transferred outside Spain or a condition for his or her return is required, the penalty referred to in paragraph 1 shall be imposed in the upper half of the sentence.

4. Where the subtractor has communicated the place of stay to the other parent or to whom it is legally responsible within twenty-four hours of the removal with the undertaking of immediate return that it actually carries out, or the absence has not been longer than that twenty-four hour period, he shall be exempt from punishment.

If the restitution is made without the communication referred to in the preceding paragraph, within 15 days of the removal, the penalty shall be imprisonment from six months to two years.

These time limits shall be calculated from the date of the complaint of the theft.

5. The penalties set forth in this article shall also be imposed on the ascendants of the minor and relatives of the parent up to the second degree of consanguinity or affinity involved in the conduct described above.

Paragraph 2 is amended by final provision 6.29 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is added by art. 2 of Organic Law 9/2002 of 10 December. Ref. BOE-A-2002-24044

Text added, published 11/12/2002, in force from 12/12/2002.

Section 3.a. Abandonment of a family, minors or persons with disabilities in need of special protection.

The heading is amended by article 141 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by art. 1.2 of Organic Law 9/2002 of 10 December. Ref. BOE-A-2002-24044

Its previous numbering was section 2a

Text added, published 11/12/2002, in force from 12/12/2002.

Article 226.

1. Anyone who fails to fulfil the legal duties of assistance inherent in parental authority, guardianship, guardianship or foster care or to provide the necessary legal assistance for the support of his or her descendants, ascendants or spouse, who are in need, shall be punished by imprisonment from three to six months or a fine from six to 12 months.

2. The judge or court may, on grounds of reason, impose a penalty of special disqualification from exercising the right of parental authority, guardianship, custody or family care for a period of four to ten years.

Paragraph 1 is amended by article 75 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 227.

1. Any person who ceases to pay for two consecutive months or four non-consecutive months any kind of financial benefit in favour of his spouse or his children, established in a judicially approved agreement or court decision in cases of legal separation, divorce, declaration of nullity of marriage, filiation proceedings, or maintenance proceedings in favour of his or her children, shall be punished by imprisonment from three months to one year or a fine from six to 24 months.

2. The same penalty shall be imposed on any person who fails to pay any other financial benefit established jointly or only in the cases provided for in the preceding paragraph.

3. Compensation for damage resulting from the offence shall always entail payment of the amounts due.

Paragraph 1 is amended by article 76 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 228.

The offences provided for in the two preceding articles shall be prosecuted only upon complaint by the aggrieved person or his legal representative. Where the child is a minor, a person with disabilities in need of special protection or a person who is invalid, the Public Prosecutor ' s Office may also report.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

Article 229.

1. Abandonment of a minor or a person with disabilities in need of special protection by the person in charge of his or her care shall be punishable by imprisonment from one to two years.

2. If the abandonment is carried out by the parents, guardians or legal guardians, the penalty shall be 18 months ' to 3 years ' imprisonment.

3. A term of imprisonment of two to four years shall be imposed if the circumstances of abandonment have specifically endangered the life, health, physical integrity or sexual freedom of the minor or of the person with disabilities in need of special protection, without prejudice to the punishment of the act as appropriate if it constitutes another more serious offence.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

Article 230.

The temporary abandonment of a minor or a person with disabilities in need of special protection shall be punished, in their respective cases, with the penalties lower than those provided for in the previous article.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

Article 231.

1. A person who, having the upbringing or education of a minor or a person with disabilities in special need of protection, surrenders him to a third party or a public establishment without the consent of the person entrusted to him or of the authority, failing which he or she shall be liable to a fine of between six and twelve months.

2. If the delivery has in particular endangered the life, health, physical integrity or sexual freedom of the minor or of the person with disabilities in need of special protection, the penalty shall be imprisonment from six months to two years.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

Article 232.

1. Those who use or lend minors or persons with disabilities in need of special protection for the practice of begging, even if it is disguised, shall be punished by imprisonment for a term of six months to one year.

2. If, for the purposes of the preceding subparagraph, minors or persons with disabilities in need of special protection are trafficked, violence or intimidation is used with them, or substances harmful to their health are supplied, imprisonment shall be imposed for a term of one to four years.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

Article 233.

1. The judge or court may, if it deems it appropriate in the light of the circumstances of the minor, impose on those responsible for the offences provided for in articles 229 to 232 the penalty of special disqualification from exercising parental authority or the rights of custody, guardianship, wardship or family care for a period of four to ten years.

2. If the offender has custody of the minor on account of his or her status as a public official, he or she shall also be liable to special disqualification from public employment or office for a period of two to six years.

3. In any event, the Public Prosecutor ' s Office shall require the competent authority to take appropriate measures for the proper custody and protection of the child.

TITLE XIII

Offences against property and against socio-economic order

CHAPTER I

From thefts

Article 234.

1. Anyone who, for a profit, takes the furniture of others without the will of his owner will be punished, as a thief, with a prison sentence of six to eighteen months if the amount of the subtracted is greater than 400 euros.

2. A fine of between one and three months shall be imposed if the amount of the missing person does not exceed 400 euros, unless one of the circumstances of article 235 is present. However, in the event that the guilty party has been convicted executory for at least three offences of the same nature, covered by this Title, and being at least one of them minor, the penalty provided for in paragraph 1 of this Article shall be imposed.

Criminal records cancelled or due shall not be taken into account.

3. The penalties set out in the preceding paragraphs shall be imposed in the upper half of the sentence if, in the commission of the act, the alarm or security devices installed in the things that have been stolen have been neutralized, eliminated or rendered useless by any means.

Paragraph 2 is amended by Art. 2.4 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

Paragraph 2 is amended, with effect from 29 August 2022, by final provision 6 of Organic Law 9/2022 of 28 July. Ref. BOE-A-2022-12644

It is amended by article 115 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 56 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by article 77 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Written according to the bug correction published in BOE No. 65 of 16 March 2004. Ref. BOE-A-2004-4772

Paragraph 2 is added by art. 1.10 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

Article 235.

1. The theft shall be punishable by imprisonment for one to three years:

1. When things of artistic, historical, cultural or scientific value are subtracted.

2. In the case of basic necessities and a situation of shortages.

3.o In the case of pipelines, cabling, equipment or components of electricity supply infrastructure, hydrocarbons or telecommunications services, or other things intended for the provision of services of general interest, and a serious breach thereof.

4. In the case of agricultural or livestock products, or the instruments or means used to obtain them, provided that the offence is committed on agricultural or livestock holdings, and the value of the stolen goods exceeds 400 euros.

5.o When it is particularly serious, taking into account the value of the subtracted effects, or when there are particularly serious harms.

6.o When the victim or his family is in a serious economic situation or has been committed by abusing his personal circumstances or his situation of helplessness, or by taking advantage of the production of an accident or the existence of a general risk or danger to the community that has weakened the defence of the victim or facilitated the commission of the crime with impunity.

7. Where the offender has been convicted executory for at least three less serious or serious offences covered by this title, provided they are of the same nature. Antecedents that have been or should have been cancelled will not be taken into account.

8.o When minors under the age of sixteen are used for the commission of the offence.

9. Where the guilty party or the guilty party participates in the acts as members of a criminal organization or group engaged in the commission of offences covered by this Title, provided that they are of the same nature.

10.o When the stolen objects were mobile phones. Likewise, any other mobile communication device, or mass storage of digital information capable of containing personal data and information. For the purposes of this paragraph, those for sale, storage or exhibition in commercial establishments shall not be considered to be included.

2. The penalty referred to in the preceding paragraph shall be imposed in its upper half when two or more of the circumstances provided for therein are present.

The fourth and seventh subparagraphs are amended and the tenth subparagraph is added to paragraph 1 by art. 2.5 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

It is amended by the sole article 116 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 57 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 236.

1. A fine of three to twelve months shall be imposed on any person who, being the owner of a movable thing or acting with the consent of the latter, steals it from any person lawfully in his possession, with the detriment of him or a third party.

2. If the value of the stolen item does not exceed 400 euros, the penalty shall be a fine of one to three months.

It is amended by the sole article.117 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 78 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER II

Thefts

Article 237.

The crime of theft is committed by criminals who, for profit, seize the movable things of others by using force in things to access or leave the place where they are found or by violence or intimidation in persons, whether in committing the crime, in order to protect the escape, or in those who come to the victim's aid or who persecute him.

It is amended by article 118 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 238.

It is the criminals of the crime of robbery with force in things who execute the act when one of the following circumstances occurs:

1st Climbing.

2nd Wall break, ceiling or floor break, or door or window break.

3.o Fracture of cabinets, chests or other types of furniture or objects closed or sealed, or forcing their locks or discovering their keys to remove their contents, either at the place of theft or outside it.

4th Use of false keys.

5.o Unusable specific alarm or guard systems.

Article 239.

The following shall be considered false keys:

1. Hooks or other similar instruments.

2. Legitimate keys lost by the owner or obtained by a means constituting a criminal offence.

3. Any others other than those designed by the owner to open the lock that was broken by the prisoner.

For the purposes of this Article, cards, magnetic or perforated cards, remote opening controls or instruments and any other technological instrument of similar efficiency are considered keys.

It is amended by article 58 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 240.

1. A person guilty of robbery with force in things shall be punished by imprisonment for one to three years.

2. A term of imprisonment of two to five years shall be imposed when one of the circumstances provided for in article 235 is present.

It is amended by the sole article.119 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 241.

1. Robbery committed in an inhabited house, building or premises open to the public, or in any of its dependencies, shall be punishable by imprisonment for a term of between two and five years.

If the acts were committed in an establishment open to the public or in any of its premises outside the opening hours, a term of imprisonment of one to five years shall be imposed.

2. A dwelling is considered to be any shelter that constitutes the dwelling of one or more persons, even if they are accidentally absent from it when the theft takes place.

3. They are considered residential units or buildings or premises open to the public, their patios, garages and other apartments or sites fenced and adjacent to the building and in internal communication with it, and with which they form a physical unit.

4. A penalty of two to six years ' imprisonment shall be imposed if the acts referred to in the preceding paragraphs are of particular gravity, taking into account the manner of the commission of the offence or the damage caused and, in any event, if any of the circumstances set forth in article 235 are present.

It is amended by article 120 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 242.

1. A person guilty of robbery with violence or intimidation in a person shall be liable to imprisonment for a term of two to five years, without prejudice to the penalty that may be imposed on him or her for acts of physical violence.

2. When the theft is committed in an inhabited house, building or premises open to the public or in any of its dependencies, the penalty shall be imprisonment from three years and six months to five years.

3. The penalties referred to in the preceding subparagraphs shall be imposed in the upper half of the sentence if the offender uses weapons or other equally dangerous means, either by committing the offence or by protecting the flight, and by attacking those who come to the aid of the victim or those who persecute him.

4. In view of the minor entity of the violence or intimidation exercised and in addition appreciating the other circumstances of the act, the penalty may be imposed less than that provided for in the preceding paragraphs.

Paragraph 2 is amended by the sole article 121 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 59 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

CHAPTER III

Extortion

Article 243.

Any person who, for profit, compels another person, by violence or intimidation, to perform or omit a legal act or business to the detriment of his or her property or that of a third person, shall be punished by imprisonment for a term of one to five years, without prejudice to those which may be imposed for acts of physical violence committed.

CHAPTER IV

Theft and theft of vehicles

Article 244.

1. Any person who removes or uses without proper authorization an alien motor vehicle or moped, without the intention of appropriating it, shall be liable to the penalty of work for the benefit of the community for thirty-one to ninety days or a fine of two to twelve months, if he reinstates it, directly or indirectly, within a period of not more than forty-eight hours, without the penalty being in any case equal to or greater than that imposed if the vehicle is definitively appropriated.

2. If the act is carried out by force in things, the penalty shall be applied in its upper half.

3. If restitution is not made within the prescribed period, the act shall be punished as theft or theft in their respective cases.

4. If the act is committed with violence or intimidation against the person, in any case, the penalties of article 242 shall be imposed.

Paragraph 1 is amended by the sole article 122 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The first subparagraph of paragraph 1 is amended by article 79 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Written according to the bug correction published in BOE No. 65 of 16 March 2004. Ref. BOE-A-2004-4772

The second subparagraph is added to paragraph 1 by Article 1.11 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

CHAPTER V

From usurpation

Article 245.

1. Any person who, by violence or intimidation in a person, occupies an immovable property or usurps a real property right belonging to another person, shall be liable, in addition to the penalties for the violence committed, to imprisonment for one to two years, which shall be fixed taking into account the usefulness obtained and the damage caused.

2. Any person who occupies, without proper authorization, any other person ' s property, dwelling or building which does not constitute a dwelling, or who remains there against the will of the owner, shall be liable to a fine of between three and six months.

Paragraph 1 is amended by article 60 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 246.

1. Any person who alters the terms or boundaries of peoples or inheritances or any kind of signs or pillars intended to set the limits of property or demarcations of contiguous properties, whether in the public or private domain, shall be liable to a fine of three to eighteen months.

2. If the profit reported does not exceed 400 euros, a fine of one to three months shall be imposed.

It is amended by the sole article.123 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 80 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 247.

1. Any person who, without being authorized, diverts the waters of public use or deprived of their course, or of their natural or artificial reservoir, shall be liable to a fine of three to six months.

2. If the profit reported does not exceed 400 euros, a fine of one to three months shall be imposed.

It is amended by article 124 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 81 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER VI

Defrauds

Section 1.a on scams

Article 248.

Fraud is committed by those who, for profit, use deception enough to cause error in another, inducing it to perform an act of disposition to the detriment of themselves or others.

Swindlers shall be punished by imprisonment for six months to three years. The amount of the fraud, the economic damage caused to the injured party, the relations between the injured party and the fraudster, the means employed by the fraudster and all other circumstances shall be taken into account in determining the seriousness of the offence.

If the amount of the fraud does not exceed 400 euros, the penalty shall be a fine of one to three months, unless one of the circumstances of article 250 is present. However, in the event that the guilty party has been convicted executory for at least three offences of the same nature, covered by this chapter, and being at least one of them minor, the penalty provided for in the second paragraph of this article shall be imposed. Criminal records cancelled or due shall not be taken into account.

It is amended by art. 2.6 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

It is amended by art. 1.2 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 61 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 3 is added by Article 82 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 249.

1. They are also considered to be criminals of fraud and will be punished with imprisonment for six months to three years:

(a) Those who, for profit, unduly hinder or interfere in the operation of an information system or by introducing, altering, deleting, transmitting or improperly suppressing computer data or using any other computer manipulation or similar artifice, obtain a non-consensual transfer of any assets to the detriment of another.

(b) Those who, by fraudulently using credit or debit cards, travel cheques or any other material or intangible payment instrument other than cash or data in any of them, engage in transactions of any kind to the detriment of the holder or a third party.

2. The same penalty as is provided for in the preceding paragraph shall be imposed:

(a) Those who manufacture, import, acquire, possess, transport, trade or otherwise provide third parties with devices, instruments or data or software, or any other means specifically designed or adapted for the commission of scams provided for in this article.

(b) Those who, for their fraudulent use, unlawfully steal, appropriate or acquire credit or debit cards, travel cheques or any other material or intangible payment instrument other than cash.

3. The penalty shall be imposed in its lower half on those who, for their fraudulent use and knowing that they were obtained unlawfully, possess, acquire, transfer, distribute or make available to third parties credit or debit cards, travel cheques or any material or intangible payment instruments other than cash.

It is amended by art. 1.3 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 125 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 83 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 250.

1. The offence of fraud shall be punishable by imprisonment for a term of one to six years and a fine of six to twelve months if:

1o Relapse on basic necessities, housing or other goods of recognized social utility.

2. It is perpetrated by abusing the signature of another, or by subtracting, concealing or rendering useless, in whole or in part, any process, record, protocol or public or official document of any kind.

3rd. Relapse on goods that integrate artistic, historical, cultural or scientific heritage.

4th Special gravity magazine, taking into account the entity of the injury and the economic situation in which it leaves the victim or his family.

5.o The value of fraud exceeds 50,000 euros, or affects a large number of people.

6. It is committed with abuse of the personal relations existing between victim and fraudster, or it takes advantage of his business or professional credibility.

7th A procedural fraud is committed. The same applies to those who, in judicial proceedings of any kind, manipulate the evidence in which they sought to substantiate their allegations or use another similar procedural fraud, causing error in the judge or court and leading him to make a decision that would prejudice the economic interests of the other party or a third party.

8. The guilty party would have been convicted of at least three less serious or serious offences covered by this chapter, provided they were of the same nature. Antecedents that have been or should have been cancelled will not be taken into account.

2. If the circumstances set out in paragraphs 4 to 5 or 6 or 7 of paragraph 1 of the preceding paragraph are present, the penalty shall be imprisonment for a term of four to eight years and a fine of 12 to 24 months. The same penalty shall be imposed when the value of the fraud exceeds EUR 250,000.

Paragraph 1 (8) is amended by Article 2.7 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

It is amended by article 126 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 62 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 251.

He shall be punished by imprisonment for one to four years:

1. Who, by falsely attributing himself to a movable or immovable thing, has the right to dispose of it, either because he has never had it, or because he has already exercised it, shall alienate it, tax it or lease it to another, to the detriment of the latter or third party.

2. Anyone who disposes of a movable or immovable thing by concealing the existence of any charge on it, or who, having alienated it as free, will tax or alienate it again before the final transfer to the acquirer, to the detriment of the acquirer, or a third party.

3. Any person who grants a simulated contract to the detriment of another person.

Article 251 bis.

Where a legal person is responsible for the offences covered by this Section in accordance with article 31 bis, the following penalties shall be imposed:

(a) A fine of three times the amount of fraud, if the offence committed by the natural person is punishable by imprisonment for more than five years.

(b) Fine of twice as much as four times the amount of fraud, in the rest of the cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is amended by article 63 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Section 2.a On Unfair Administration

The heading is amended by the sole article.127 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 252.

1. The penalties provided for in article 248 or, where appropriate, those of article 250, shall be imposed on those who, having the power to administer a property other than that of the law, entrusted by the authority or taken over by a legal business, infringe them by exceeding the exercise of those rights and thereby cause damage to the property administered.

2. If the amount of damage to property does not exceed EUR 400, a fine of one to three months shall be imposed.

Paragraph 1 is amended by Article 1.4 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 128 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 84 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 2.a bis On misappropriation

It is added by article 129 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 253.

1. They shall be punished by the penalties provided for in article 248 or, where appropriate, article 250, unless they are already punishable by a more severe penalty under another provision of this Code, those who, to the detriment of another person, appropriate for themselves or a third party, money, effects, securities or any other movable thing, which they have received in deposit, commission, or custody, or which they have been entrusted with under any other title which results in the obligation to surrender or return them, or deny having received them.

2. If the amount of the appropriate measure does not exceed 400 euros, a fine of one to three months shall be imposed.

Paragraph 1 is amended by Article 1.5 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 130 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 85 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 254.

1. Any person who, apart from the circumstances of the preceding article, appropriates a movable thing from another person shall be liable to a fine of three to six months. If it concerns things of artistic, historical, cultural or scientific value, the penalty shall be imprisonment from six months to two years.

2. If the amount of the appropriate measure does not exceed 400 euros, a fine of one to two months shall be imposed.

It is amended by article 131 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 86 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 3.a. Defrauds of electrical and similar fluids

Article 255.

1. Any person who commits fraud using electricity, gas, water, telecommunications or other external elements, energy or fluid shall be liable to a fine of between three and twelve months by any of the following means:

1. Using mechanisms installed to make the fraud.

2.o Maliciously altering the indications or counters.

3rd Employing any other clandestine means.

2. If the amount of the fraud does not exceed 400 euros, a fine of one to three months shall be imposed.

3. Where the fraud provided for in this article, whatever its amount, is committed for the purpose of supplying electrical power facilities used for the commission of any of the acts referred to in article 368, the penalty shall be imprisonment from six to eighteen months or a fine from twelve to twenty-four months.

Paragraph 3 is added by Art. 2.8 of Organic Law 1/2026 of 8 April. Ref. BOE-A-2026-7966

It is amended by article 132 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 1 is amended by article 87 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 256.

1. Any person who makes use of any terminal telecommunications equipment without the consent of the holder and causing economic damage to the holder shall be liable to a fine of three to twelve months.

2. If the amount of damage caused does not exceed EUR 400, a fine of one to three months shall be imposed.

It is amended by article 133 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 88 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538.

CHAPTER VII

Frustration of execution

The heading is amended by article 134 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 257.

1. He shall be punished by imprisonment for a term of one to four years and a fine of 12 to 24 months:

1. The one who is raised with his or her assets to the detriment of his or her creditors.

2. Any person who, for the same purpose, carries out any act of property provision or obligation that prolongs, hinders or impedes the effectiveness of an embargo or of an executive or urgent judicial, extrajudicial or administrative procedure, initiated or foreseeable initiation.

2. The same penalty shall be imposed on anyone who performs acts of disposition, undertakes obligations that diminish his property or conceals by any means elements of his property for which the execution could take effect, with the aim of avoiding the payment of civil liability arising from an offence he has committed or for which he should be liable.

3. This Article shall apply irrespective of the nature or origin of the obligation or debt the satisfaction or payment of which is intended to circumvent, including the economic rights of workers, and irrespective of whether the creditor is a private individual or any legal person, public or private.

Notwithstanding the foregoing, in the event that the debt or obligation to evade is public law and the creditor is a public legal person, or is pecuniary obligations arising from the commission of an offence against the Public Treasury or Social Security, the penalty to be imposed shall be imprisonment from one to six years and a fine from twelve to twenty-four months.

4. The penalties provided for in this Article shall be imposed in the upper half of the penalty in the cases provided for in Article 250 (5) or (6) (1).

5. This offence shall be prosecuted even if proceedings are instituted after the commission of the offence.

It is amended by article 135 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 3 is renumbered as 5 and Article 3 and 4 are amended as follows: 64 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Article 258.

1. A penalty of imprisonment of three months to one year or a fine of six to eighteen months shall be imposed on a person who, in proceedings of judicial or administrative execution, submits to the authority or official responsible for the execution a list of incomplete or mendacious property or property, and thereby dilates, hinders or impedes the satisfaction of the creditor.

The list of assets or assets shall be considered incomplete if the executing debtor uses or enjoys third-party property and fails to provide sufficient justification for the right to such enjoyment and the conditions to which it is subject.

2. The same penalty shall be imposed when the debtor, who is required to do so, ceases to facilitate the list of assets or assets referred to in the preceding paragraph.

3. The offences referred to in this article shall not be prosecuted if the perpetrator, before the authority or official had discovered the mendacious or incomplete nature of the statement submitted, appeared before them and presented a true and complete declaration of property or property.

It is amended by article 136 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 258 bis.

They shall be punished by imprisonment of three to six months or by a fine of six to twenty-four months, unless they are already punished by a more severe penalty under another provision of this Code, who use property seized by a public authority that has been set up in storage without being authorized to do so.

It is added by the sole article.137 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 258 ter.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by this Chapter, the following penalties shall be imposed:

(a) A fine of between two and five years if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) A fine of one to three years if the offence committed by the natural person is punishable by imprisonment for more than two years not covered by the preceding subparagraph.

(c) Fine from six months to two years, in the remaining cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33(7)(b) to (g).

It is added by the sole article.138 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

CHAPTER VII bis

For punishable insolvencys

It is added by the sole article.139 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 259.

1. He shall be punished by imprisonment for a term of one to four years and a fine of eight to twenty-four months if he is in a situation of current or imminent insolvency and engages in any of the following:

1. to Hide, cause damage or destroy property or property that is included, or would have been included, in the mass of the contest at the time of its opening.

2.a Performs acts of disposition by the handing over or transfer of money or other assets, or by the assumption of debts, which are not proportionate to the debtor ' s property situation, or to its income, and which lack economic or business justification.

3.a Perform sales operations or service services at a price lower than their cost of acquisition or production, and that in the circumstances of the case are without financial justification.

4.a Simulate third-party credits or proceed to the recognition of fictitious claims.

5.a Participates in speculative business, where this lacks economic justification and results, in the circumstances of the case and in the light of the economic activity carried out, contrary to the duty of diligence in the management of economic affairs.

6.a Infringes the legal duty to keep accounts, to keep double accounts, or to commit irregularities in their conduct that are relevant to the understanding of their property or financial situation. The destruction or alteration of accounting records is also punishable, where this makes it difficult or significantly impossible to understand their property or financial situation.

7. Hides, destroys or alters the documentation that the employer is obliged to keep before the end of the period to which this legal duty extends, when it makes it difficult or impossible to examine or assess the debtor ' s real economic situation.

8.a Formulate annual accounts or accounting records in a manner contrary to the rules governing commercial accounting, in such a way as to make it difficult or impossible to review or evaluate the debtor ' s actual economic situation, or to fail to comply with the obligation to draw up the balance sheet or inventory in time.

9.a Performs any other active or omissive conduct which constitutes a serious breach of the duty of diligence in the management of economic affairs and which is attributable to a decrease in the debtor ' s assets or through which the debtor ' s real economic situation or business activity is concealed.

2. The same penalty shall be imposed on a person who, by any of the conduct referred to in the preceding subparagraph, causes his or her insolvency.

3. Where the acts were committed out of recklessness, a prison sentence of six months to two years or a fine of 12 to 24 months shall be imposed.

4. Such an offence shall be prosecuted only if the debtor has failed to fulfil his or her obligations regularly or has been declared competent.

5. This offence and the unique offences connected with it, committed by the debtor or person acting on his behalf, may be prosecuted without waiting for the conclusion of the competition and without prejudice to its continuation. The amount of civil liability arising from such offences shall, where appropriate, be incorporated into the mass.

6. In no case shall the insolvency qualification in the insolvency proceedings be linked to criminal jurisdiction.

It is amended by article 140 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 89 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 259 bis.

The acts referred to in the preceding article shall be punishable by imprisonment for a term of between two and six years and a fine of between eight and twenty-four months, if any of the following circumstances occurs:

1.a Where property damage occurs or may occur in a general public or may result in a serious economic situation.

2.a. Where an economic injury of more than 600,000 euros is caused to one of the creditors.

3.a When at least half of the amount of the loans has as holders the Public Treasury, whether state, regional, local or foreign and social security.

It is added by the sole article.141 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 260.

1. A debtor who is in a situation of current or imminent insolvency favours one of the creditors by carrying out an act of disposition or generating obligations intended to pay an unenforced claim or to provide a security to which it is not entitled, in the case of a transaction without financial or business justification, shall be liable to six months to three years ' imprisonment or a fine of eight to twenty-four months.

2. The debtor shall be punished by imprisonment for one to four years and a fine of 12 to 24 months. Once the application for a competition has been accepted, it shall not be authorized for that purpose either by the courts or by the court administrators, and, outside the cases permitted by law, shall perform any act of property provision or obligation-generating, designed to pay one or more creditors, whether privileged or not, with the remainder postponed.

It is amended by article 142 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 90 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 261.

Anyone who knowingly submits false information concerning the accounting status in the course of proceedings, in order to obtain the statement of the accounting status improperly, shall be punished by imprisonment for one to two years and a fine of six to 12 months.

It is amended by article 91 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 261 bis.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by this Chapter, the following penalties shall be imposed:

(a) A fine of between two and five years if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) A fine of one to three years if the offence committed by the natural person is punishable by imprisonment for more than two years not covered by the preceding subparagraph.

(c) Fine from six months to two years, in the remaining cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is added by the sole article.65 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

CHAPTER VIII

Price disruption in public tenders and auctions

Article 262.

1. Those who request gifts or promises not to take part in a public competition or auction ; those who attempt to remove from it the bidders by means of threats, gifts, promises or any other artifice ; those who arrange with each other for the purpose of altering the price of the auction, or those who fraudulently break or abandon the auction having obtained the award, shall be punished by imprisonment from one to three years and a fine from 12 to 24 months, as well as special disqualification from bidding in judicial auctions between three and five years. In the case of a contest or auction convened by public authorities or entities, the agent and the person or company represented by him shall also be liable to a special disqualification, which shall in any event include the right to engage with public administrations for a period of three to five years.

2. The judge or court may impose any or all of the consequences provided for in article 129 if the offender is a member of a corporation, organization or association, including a temporary association, engaged in such activities.

3. Directors, administrators of fact or of law, managers and other current and former staff members of any society, constituted or under training, who in that condition have committed any of the acts provided for in this article, shall be exempt from criminal responsibility when they cease their participation in them and cooperate with the competent authorities in a full, continuous and diligent manner, providing information and evidence of which they lack, which is useful for the investigation, detection and punishment of the other persons concerned, provided that the following conditions are met:

(a) To cooperate actively in this regard with the competition authority conducting the case;

(b) these companies or natural persons have submitted an application for exemption from payment of the fine in accordance with the provisions of the Competition Act,

(c) such request has been made at a time prior to the time when the directors, administrators of fact or law, managers and other current or former staff members of the company, incorporated or undergoing training, have been informed that they are being investigated in relation to these facts,

(d) This is also an active collaboration with the judicial authority or the Public Prosecutor's Office, providing useful and concrete evidence to ensure proof of the offence and identify other perpetrators.

A paragraph 3 is added by Art. 1.6 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 92 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER IX

Damage

Article 263.

1. Any person who causes damage to property of another person not covered by other titles of this Code shall be liable to a fine of six to twenty-four months, taking into account the economic condition of the victim and the amount of the damage.

If the amount of damage caused does not exceed 400 euros, a fine of one to three months shall be imposed.

2. The penalty shall be imprisonment from one to three years and a fine from twelve to twenty-four months if any of the following conditions applies:

1. To be carried out in order to prevent the free exercise of authority or as a result of actions carried out in the exercise of their functions, either against public officials or against individuals who, as witnesses or in any other manner, have contributed or may contribute to the implementation or application of the General Laws or Provisions.

2. That is caused by any means, infection or contagion of cattle.

3o That poisonous or corrosive substances are used.

4. They affect property of public or communal domain or use.

5. To ruin the injured person or to be placed in a serious economic situation.

6. Damages of particular gravity or damage to general interest have been caused.

Paragraph 1 is amended and paragraph 6o is added to paragraph 2 by the sole article.143 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The first subparagraph is numbered as paragraph 1 and the second is added by the sole article.66 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 93 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 264.

1. Any person who, by any means, without authorization and in a serious manner, erases, damages, deteriorates, alters, suppresses or renders inaccessible computer data, software or other electronic documents, where the result is serious, shall be punished by imprisonment for a term of six months to three years.

2. A term of imprisonment of two to five years and a fine shall be imposed on the offence of injury, if any of the following circumstances occurs in the conduct described:

1.a. It would have been committed within the framework of a criminal organization.

2.a. Has caused damage of particular gravity or affected a large number of computer systems.

3.a The act would have seriously affected the operation of essential public services or the provision of essential goods.

4.a The events have affected the computer system of a critical infrastructure or a situation of serious danger to the security of the State, the European Union or a Member State of the European Union. For this purpose, critical infrastructure shall be considered an element, system or part thereof which is essential for the maintenance of vital functions of society, the health, safety, protection and economic and social well-being of the population whose disruption or destruction would have a significant impact by not being able to maintain its functions.

5.a The offence was committed using one of the means referred to in article 264 ter.

If the acts had been of extreme gravity, the penalty one degree higher may be imposed in degree.

3. The penalties provided for in the preceding paragraphs shall be imposed, in their respective cases, at the highest half, where the acts were committed by the unlawful use of another person's personal data to facilitate access to the computer system or to gain the confidence of a third party.

It is amended by article 144 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article the sole Article, point 67 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 264 bis.

1. A person who, without being authorized and in a serious manner, obstructs or interrupts the operation of a foreign computer system shall be liable to imprisonment for a term of six months to three years:

(a) performing any of the conduct referred to in the preceding article;

(b) entering or transmitting data; or

(c) destroying, damaging, deactivating, eliminating or replacing a computer, telematic or electronic information storage system.

If the facts have significantly affected the normal activity of a company, business or public administration, the penalty shall be imposed in the upper half of the sentence, and the penalty one degree higher may be reached in degree.

2. A term of imprisonment of three to eight years and a fine of three years shall be imposed on the victim of the injury caused, if any of the circumstances of paragraph 2 of the preceding article has occurred in the acts referred to in the preceding paragraph.

3. The penalties provided for in the preceding paragraphs shall be imposed, in their respective cases, at the highest half, where the acts were committed by the unlawful use of another person's personal data to facilitate access to the computer system or to gain the confidence of a third party.

It is added by article 145 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 264 ter.

The penalty shall be imprisonment for a term of six months to two years or a fine of three to eighteen months if the person who, without being duly authorized, produces, acquires for use, amounts or, in any way, makes available to third parties, with the intention of facilitating the commission of one of the offences referred to in the two preceding articles:

(a) a computer program, designed or adapted primarily for the purpose of committing one of the offences referred to in the two preceding articles; or

(b) a computer password, access code or similar data allowing access to all or part of an information system.

It is added by the sole article.146 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 264 quater.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by the three preceding articles, the following penalties shall be imposed:

(a) Fine of two to five years or five to twelve times the value of the damage caused, if more than one amount, in the case of offences punishable by imprisonment of more than three years.

(b) Fine of one to three years or three to eight times the value of the injury caused, if higher, in the rest of the cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is added by the sole article.147 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 265.

Anyone who destroys, seriously damages, or renders useless for service, even temporarily, works, establishments or military installations, warships, military aircraft, means of transport or military transmission, war equipment, supply or other means or resources affected in the service of the Armed Forces or the Security Forces and Corps, shall be punished by imprisonment for a term of two to four years if the damage caused exceeds one thousand euros.

It is amended by article 148 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 266.

1. A person who commits the damage provided for in article 263 (1) by fire, or by causing explosions, or by any other means of similar destructive power, or which creates a significant risk of explosion or of causing other damage of particular gravity, or endangering the life or integrity of persons, shall be punished by imprisonment for a term of one to three years.

2. Any person who commits the damage provided for in article 263 (2) in any of the circumstances referred to in the preceding paragraph shall be liable to imprisonment for a term of three to five years and a fine of 12 to 24 months.

3. Any person who commits the damage provided for in articles 265, 323 and 560 in any of the circumstances referred to in paragraph 1 of this article shall be liable to imprisonment for a term of four to eight years.

4. In any of the cases provided for in the preceding paragraphs, where damage is caused by the provocation of explosions or the use of other means of similar destructive power and, in addition, the life or integrity of persons is endangered, the penalty shall be imposed in the upper half.

In the event of a fire, the provisions of Article 351 shall apply.

Paragraphs 1 and 2 are amended by the sole article.149 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 1.2 of Organic Law 7/2000 of 22 December. Ref. BOE-A-2000-23659

Article 267.

Damage caused by serious negligence in excess of 80,000 euros shall be punished by a fine of three to nine months, taking into account the importance of such penalties.

The offences referred to in this article shall be prosecuted only upon complaint by the aggrieved person or his legal representative. The Public Prosecutor ' s Office may also report a minor, a person with disabilities in need of special protection or a person who is invalid.

In such cases, the pardon of the offended person extinguishes the criminal prosecution.

The third paragraph is amended by final provision 6.30 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

The third paragraph is amended by article 68 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by article 94 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER X

Provisions common to previous chapters

Article 268.

1. Spouses who are not legally or de facto separated or in legal proceedings for separation, divorce or annulment of their marriage and ascendants, descendants and siblings by nature or by adoption, as well as first-degree relatives if they live together, for property offences that occur between themselves, provided that there is no violence or intimidation, or abuse of the vulnerability of the victim, either on account of age, or because he is a person with disabilities, are exempt from criminal liability and subject only to civil liability.

2. This provision does not apply to strangers who participate in the offence.

It is amended by article 150 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 269.

The provocation, conspiracy and proposal to commit the crimes of theft, extortion, fraud or misappropriation shall be punished by the penalty of one or two degrees lower than the corresponding offence.

CHAPTER XI

Offences relating to intellectual and industrial property, the market and consumers

Section 1. Intellectual property offences

Article 270.

1. A person who, in order to obtain a direct or indirect economic benefit and to the detriment of a third party, reproduces, plagies, distributes, communicates publicly or in any other way exploits economically, in whole or in part, a work or literary, artistic or scientific performance, or its transformation, interpretation or artistic execution, as set out in any form of medium or communicated through any means, without the authorization of the holders of the corresponding intellectual property rights or of their transferees, shall be punished by imprisonment from six months to four years and a fine from twelve to twenty-four months.

2. The same penalty shall be imposed on anyone who, in the provision of information society services, in order to obtain a direct or indirect economic benefit, and to the detriment of a third party, facilitates, in an active and non-neutral manner and without limitation to a purely technical treatment, the access or location on the Internet of works or services subject to intellectual property without the authorization of the holders of the rights concerned or of their assignees, in particular by offering sorted and classified lists of links to the works and contents referred to above, even if such links were initially provided by the recipients of their services.

3. In such cases, the judge or court shall order the withdrawal of the works or services which are the subject of the offence. Where, through an Internet access portal or information society service, the content covered by intellectual property referred to in the preceding paragraphs is exclusively or predominantly disseminated, an order shall be made to discontinue the provision of the intellectual property, and the judge may agree on any precautionary measure aimed at protecting intellectual property rights.

Exceptionally, where there is a recurrence of conduct and where a proportionate, efficient and effective measure is taken, the corresponding access blocking may be ordered.

4. In the cases referred to in paragraph 1, street distribution or marketing or merely occasional marketing shall be punishable by imprisonment for a term of six months to two years.

However, in view of the characteristics of the offender and the small amount of the financial benefit obtained or which could have been obtained, provided that none of the circumstances of article 271 is present, the judge may impose a fine of one to six months or work for the benefit of the community for thirty-one to sixty days.

5. The following shall be punished by the penalties provided for in the preceding paragraphs, in their respective cases:

(a) They intentionally export or store copies of the works, productions or executions referred to in the first two paragraphs of this article, including digital copies thereof, without such authorization, when intended to be reproduced, distributed or publicly communicated.

(b) They intentionally import these products without such authorization, when they are intended to be reproduced, distributed or publicly communicated, whether they have a lawful or illicit origin in their country of origin; however, the importation of the said products from a State belonging to the European Union shall not be punishable if those products have been acquired directly from or with the consent of the holder of the rights in that State.

(c) To promote or facilitate the conduct referred to in paragraphs 1 and 2 of this article by eliminating or modifying, without the authorization of intellectual property rights holders or their assignees, effective technological measures incorporated by them with the aim of preventing or restricting their realization.

(d) In order to obtain a direct or indirect economic benefit, in order to facilitate access to a copy of a literary, artistic or scientific work, or its transformation, interpretation or artistic execution, as set out in any form of medium or communicated through any means, and without the authorization of intellectual property rights holders or their assignees, avoid or facilitate the circumvention of effective technological measures designed to prevent it.

6. Any person who manufactures, imports, puts into circulation or possesses for commercial purposes any means principally designed, produced, adapted or carried out to facilitate the unauthorized suppression or neutralization of any technical device used to protect computer programs or any of the other works, interpretations or executions as provided for in the first two subparagraphs of this article shall also be punished by imprisonment for a term of six months to three years.

It is amended by article 151 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The second subparagraph is added to paragraph 1 by Article 69. of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 95 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 271.

The penalty shall be imprisonment of two to six years, a fine of eighteen to thirty-six months and special disqualification from exercising the profession related to the offence committed, for a period of two to five years, when the offence referred to in the preceding article is committed in one of the following circumstances:

(a) That the benefit obtained or which could have been obtained has special economic significance.

(b) The acts are of particular gravity, taking into account the value of the objects illicitly produced, the number of works, or the transformation, execution or interpretation thereof, unlawfully reproduced, distributed, communicated to or made available to the public, or the particular importance of the damage caused.

(c) The offender belongs to an organization or association, even of a temporary nature, whose purpose is to carry out activities that infringe intellectual property rights.

(d) The use of persons under the age of 18 to commit such offences.

It is amended by article 152 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 96 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 272.

1. The extent of civil liability arising out of the offences set forth in the two preceding articles shall be governed by the provisions of the Convention on the Rights of the Child. Intellectual Property Act concerning the cessation of illegal activity and compensation for damages.

2. In the event of a conviction, the judge or court may order the publication of the sentence, at the expense of the offender, in an official newspaper.

Section 2. Industrial property offences

Article 273.

1. A person who, for industrial or commercial purposes, without the consent of the holder of a patent or utility model and with knowledge of its registration, manufactures, imports, possesses, uses, offers or introduces objects protected by such rights into the trade shall be liable to imprisonment from six months to two years and a fine of from 12 to 24 months.

2. The same penalties shall be imposed on anyone who, for the same purpose, uses or offers to use a procedure which is the subject of a patent, or who possesses, offers, enters into commerce, or uses the product directly obtained by the patented procedure.

3. Any person who carries out any of the acts defined in the first paragraph of this article in the same circumstances in relation to objects protected by an industrial or artistic design or topography of a semiconductor product in favour of a third party shall be punished with the same penalties.

Paragraph 1 is amended by article 97 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 274.

1. The penalty shall be one to four years ' imprisonment and a fine of twelve to twenty-four months ' imprisonment if, for industrial or commercial purposes, the person without the consent of the holder of an industrial property right registered in accordance with the trademark law and with knowledge of the registration,

(a) manufactures, produces or imports products incorporating a distinctive sign identical to or confoundable with that distinctive sign; or

(b) offers, distributes or wholesales products incorporating or storing a distinctive sign identical or confounding with that distinctive sign for that purpose in the case of the same or similar products, services or activities for which the right of industrial property is registered.

2. A person who, for industrial or commercial purposes, without the consent of the holder of an industrial property right registered in accordance with the trademark law and with knowledge of the registration, offers, distributes or commercializes to the retailer, or provides services or carries out activities, incorporating an identical or confusing distinctive sign with the retailer, in the case of the same or similar goods, services or activities for which the industrial property right is registered, shall be liable to imprisonment for a term of six months to three years.

The same penalty shall be imposed on any person who reproduces or imitates a distinctive sign identical or confounded with that sign for use in the commission of the conduct punishable by this article.

3. The sale of the goods referred to in the preceding paragraphs shall be punishable by imprisonment for a term of six months to two years.

However, in view of the characteristics of the offender and the small amount of the financial benefit obtained or which could have been obtained, provided that none of the circumstances of article 276 existed, the judge may impose a fine of one to six months or work for the benefit of the community for thirty-one to sixty days.

4. A person who, for agricultural or commercial purposes, without the consent of the holder of a plant variety certificate and with knowledge of its registration, produces or reproduces, prepares for production or reproduction, offers for sale, sells or otherwise markets, exports or imports, or possesses for any of the above purposes plant propagating or propagating material of a plant variety protected in accordance with national or European Union legislation on plant variety protection shall be liable to one to three years ' imprisonment.

Any person who carries out any of the acts described in the preceding paragraph shall be punished by the same penalty by using, under the name of a protected plant variety, plant material of reproduction or multiplication which does not belong to such variety.

It is amended by article 153 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraphs 1 and 2 are amended by article 70 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended and Article 3 and 4 are added by the sole article 98 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 275.

The same penalties provided for in the preceding article shall be imposed on anyone who intentionally and without being authorized to do so uses in economic traffic a designation of origin or a representative geographical indication of a legally protected quality in order to distinguish the products covered by them, with knowledge of this protection.

Article 276.

The penalty shall be imprisonment of between two and six years, a fine of between eighteen and thirty-six months and a special disqualification from exercising the profession related to the offence committed, for a period of between two and five years, if one of the following circumstances occurs:

(a) That the benefit obtained or which could have been obtained has special economic significance.

(b) That the facts are of particular gravity, taking into account the value of the objects produced unlawfully, distributed, marketed or offered, or the particular importance of the damage caused.

(c) That the guilty party belongs to an organization or association, even of a temporary nature, whose purpose is to carry out activities that violate industrial property rights.

(d) The use of persons under the age of 18 to commit such offences.

It is amended by article 154 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by the sole article. 99 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 277.

The penalty shall be imprisonment from six months to two years and a fine from six to twenty-four months, if any person has intentionally disclosed the invention which is the subject of a secret patent application, in contravention of the provisions of patent law, provided that this is to the detriment of the national defence.

Section 3.a Market and consumer offences

Article 278.

1. Any person who, in order to discover a company secret, seizes by any means data, written or electronic documents, computer media or other objects relating thereto, or employs any of the means or instruments referred to in article 197 (1), shall be liable to imprisonment for a term of two to four years and a fine of twelve to twenty-four months.

2. A term of imprisonment of three to five years and a fine of twelve to twenty-four months shall be imposed if the secrets discovered are disclosed, disclosed or transferred to third parties.

3. The provisions of this Article shall be without prejudice to penalties that may be imposed by the seizure or destruction of computer media.

Article 279.

The dissemination, disclosure or transfer of a company secret by a person legally or contractually obliged to keep a reservation shall be punishable by imprisonment for two to four years and a fine of 12 to 24 months.

If the secret is used for its own benefit, the penalties shall be imposed in the lower half.

Article 280.

Anyone who, knowing his or her illicit origin, and without having taken part in his or her discovery, engages in any of the conduct described in the two preceding articles, shall be punished by imprisonment from one to three years and a fine of 12 to 24 months.

Article 281.

1. Any person who takes raw materials or essential products from the market with the intention of depleting a sector of the market, forcing a price change, or seriously harming consumers, shall be punished by imprisonment from one to five years and a fine from twelve to twenty-four months.

2. a penalty one degree higher shall be imposed in degree if the act is carried out in situations of grave necessity or catastrophic.

Article 282.

The penalty shall be imprisonment from six months to one year or a fine from 12 to 24 months for manufacturers or traders who, in their offers or advertising of goods or services, make false allegations or express uncertain characteristics about them, so that they may cause serious and manifest injury to consumers, without prejudice to the appropriate penalty for the commission of other offences.

It is amended by article 100 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 282 bis.

Those who, as de facto or de jure administrators of a securities company traded on securities markets, distort the economic and financial information contained in the prospectuses of any financial instruments or the information that the company is required to publish and disseminate in accordance with the law of the securities market concerning its present and future resources, activities and businesses, for the purpose of attracting investors or depositors, placing any type of financial asset, or obtaining financing by any means, shall be punished by imprisonment for one to four years, without prejudice to the provisions of article 308 of this Code.

In the event that the investment, deposit, placement of the asset or financing is obtained, with prejudice to the investor, depositor, acquirer of the financial assets or creditor, the penalty shall be imposed in the upper half. If the damage is of notorious gravity, the penalty to be imposed shall be one to six years ' imprisonment and a fine of six to twelve months ' imprisonment.

It is added by the sole article.71 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 283.

Penalties shall be imposed for imprisonment from six months to one year and for a fine from six to eighteen months, which, to the detriment of the consumer, incur higher amounts for products or services the cost or price of which is measured by automatic apparatus, by altering or manipulating them.

Article 284.

1. The penalty shall be imprisonment from six months to six years, a fine from two to five years, or from the triple of the benefit obtained or favoured, or of the damages avoided, if the resulting amount is higher, and special disqualification from intervening in the financial market as an actor, agent, mediator or informant for a period of two to five years, to whom:

1o Using violence, threat, deception or any other artifice, alter the prices that are to result from the free competition of goods, financial instruments, spot contracts on related raw materials, benchmarks, services or any other movable or immovable things that are the subject of contracting, without prejudice to the penalty that may correspond to them for other crimes committed.

2. By themselves, directly or indirectly or through a means of communication, through the Internet or through the use of information and communication technologies, or by any other means, disseminate news or rumours or transmit false or misleading signals about persons or undertakings, knowingly offering economic data wholly or partially false in order to alter or preserve the quoted price of a financial instrument or a spot contract on related raw materials or to manipulate the calculation of a benchmark, where they obtain, for themselves or for third parties, a benefit, provided that any of the following circumstances occurs:

(a) that the benefit was more than EUR 250 000 or that an equal amount of damage was caused;

(b) the amount of funds used was more than EUR 2 million;

(c) that there is a serious impact on the integrity of the market.

3. Either conduct transactions, transmit false or misleading signals, or issue transaction orders that are likely to provide false or misleading indications about the supply, demand or price of a financial instrument, a spot contract on related raw materials or benchmarks, or secure, using the same information, in itself or in concert with others, a dominant position on the market of such instruments or contracts for the purpose of setting their prices at abnormal or artificial levels, provided that one of the following circumstances occurs:

(a) that, as a result of their conduct, they would obtain, for themselves or for third parties, a profit of more than EUR 250 000 or would cause an injury of the same amount;

(b) the amount of funds used was more than EUR 2 million;

(c) that there is a serious impact on the integrity of the market.

2. The penalty shall be imposed in its upper half if any of the following circumstances occur:

1.a The subject is habitually engaged in previous abusive practices.

2.a That the benefit obtained, the avoided loss or the injury caused is of notorious importance.

3. If the person responsible for the act is a worker or employee of an investment firm, credit institution, supervisory or regulatory authority, or governing body of regulated markets or trading venues, the penalties shall be imposed in the upper half.

It is amended by article 3 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 72 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 101 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 285.

1. Any person who directly or indirectly or by a person acting in an interposed manner performs acts of acquisition, transmission or transfer of a financial instrument, or of cancellation or modification of an order relating to a financial instrument, using inside information to which he has reserved access in the terms of paragraph 4, or recommends to a third party the use of such inside information for any of those acts, shall be punished by imprisonment for a term of six months to six years, a fine of two to five years, or of the triplet of the benefit obtained or favoured or of the damages avoided if the resulting amount is higher, and by special disqualification for the exercise of the profession or activity for a period of two to five years, provided that any of the following circumstances occurs:

(a) that, as a result of his conduct, he obtains, for himself or for another person, a profit of more than EUR 500 000 or causes an injury of the same amount;

(b) the value of the financial instruments used was more than EUR 2 million;

(c) that there is a serious impact on the integrity of the market.

2. The penalty shall be imposed in its upper half if any of the following circumstances occur:

1.a That the subject engages in a regular manner in previous practices of insider dealing.

2.a That the benefit obtained, the avoided loss or the injury caused is of notorious importance.

3. The penalties provided for in this article shall be imposed, in their respective cases, at the highest half if the person responsible for the act is a worker or employee of an investment firm, credit institution, supervisory or regulatory authority, or governing bodies of regulated markets or trading venues.

4. For the purposes of this Article, it is understood that insider information is restricted to anyone who is a member of the administrative, management or supervisory bodies of the issuer or of the issuer market participant, who participates in the capital of the issuer or of the issuer market participant, who knows it in the course of, or in the performance of, his or her duties, and who obtains it through criminal activity.

5. The same penalties provided for in this Article shall be imposed where the person responsible for the act, without having reserved access to inside information, obtains it in any way other than those provided for in the preceding paragraph and uses it knowing that it is inside information.

Paragraph 5 is amended by Art. 1.7 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 4 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 102 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 285 bis.

In addition to the cases provided for in the preceding article, anyone who possesses inside information and discloses it outside the normal exercise of his work, profession or functions, endangering the integrity of the market or the confidence of investors, shall be punished by imprisonment from six months to four years, a fine of 12 to 24 months and special disqualification from the exercise of the profession or activity of one to three years.

For the purposes of this Article, disclosure of inside information shall be included in a market survey where it has been carried out without complying with the requirements laid down in European rules on markets and financial instruments.

It is added by article 5 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

Text added, published on 21/02/2019, in force from 13/03/2019.

Article 285 ter.

The forecasts of the three preceding articles will be extended to financial instruments, contracts, conduct, transactions and orders provided for in European and Spanish rules on the market and financial instruments.

It is added by article 6 of Organic Law 1/2019, of 20 February. Ref. BOE-A-2019-2363

Text added, published on 21/02/2019, in force from 13/03/2019.

Article 285 quater.

The provocation, conspiracy and proposal to commit the offences provided for in articles 284 to 285 bis shall be punished, respectively, by a lesser penalty of one or two degrees.

It is added by article 7 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

Text added, published on 21/02/2019, in force from 13/03/2019.

Article 286.

1. The penalty shall be imprisonment from six months to two years and a fine from six to 24 months if, without the consent of the service provider and for commercial purposes, it facilitates intelligible access to a sound or television broadcasting service, interactive services provided remotely by electronic means, or provides conditional access to them, considered as independent service, by:

1. The manufacture, import, distribution, electronic provision, sale, rental, or possession of any equipment or software, not authorised in another Member State of the European Union, designed or adapted to make such access possible.

2. The installation, maintenance or replacement of the hardware or software referred to in paragraph 1 above.

2. The same penalty shall be imposed on anyone who, for profit, alters or doubles the number of telecommunications equipment or markets equipment that has been fraudulently altered.

3. A person who, not for profit, facilitates access to third parties as described in paragraph 1, or through a public communication, whether commercial or not, provides information to a plurality of persons on how to obtain unauthorized access to a service or the use of a device or programme, of those expressed in paragraph 1, by instigating them, shall be liable to a fine provided for therein.

4. Any person who uses equipment or programmes that allow unauthorized access to conditional access services or telecommunications equipment shall be liable to the penalty provided for in article 255 of this Code irrespective of the amount of the fraud.

It is amended by article 103 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Section 4a Crimes of corruption in business

The heading is amended by the sole article.155 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 7 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 286 bis.

1. The manager, administrator, employee or collaborator of a business enterprise or of a company which, by itself or by an interposed person, receives, solicits or accepts an unsubstantiated benefit or advantage of any kind, or offers or promises to obtain it, for itself or for a third party, as a consideration for improperly favouring another person in the purchase or sale of goods, in the procurement of services or in commercial relations, shall be punished by imprisonment from six months to four years, special disqualification for the exercise of industry or commerce for a period of one to six years and fine of both the value of the profit or advantage.

2. The same penalties shall be imposed on any person who, by himself or by an interposed person, promises, offers or grants to managers, administrators, employees or collaborators of a commercial enterprise or of a company an unjustified benefit or advantage of any kind, for them or for third parties, as a consideration for improperly favouring him or a third party in the acquisition or sale of goods, the contracting of services or in commercial relations.

3. Judges and courts may, in view of the amount of benefit or value of advantage, and the importance of the functions of the offender, impose the lowest penalty in degree and reduce the fine to his prudent discretion.

4. The provisions of this article shall apply, in their respective cases, to the directors, administrators, employees or collaborators of a sports entity, whatever the legal form of the sports entity, as well as to sportsmen, arbitrators or judges, in respect of those conducts which have the purpose of predetermining or deliberately and fraudulently altering the result of a test, encounter or sport competition of special economic or sports relevance.

For this purpose, sport competition of special economic relevance shall be considered, one in which the majority of the participants in it receive any kind of remuneration, compensation or financial income for their participation in the activity; and sport competition of special sporting relevance, which is qualified in the annual sports calendar approved by the corresponding sports federation as official competition of the highest category of the modality, specialty, or discipline concerned.

5. For the purposes of this Article, the provisions of Article 297 apply.

Paragraph 1 is amended by article 8 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 156 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by article 7.74 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 286 ter.

1. Those who, by offering, promising or granting any undue, pecuniary or other benefit or advantage, corrupt or attempt to corrupt, either by themselves or by an interposed person, an authority or public official for the benefit of them or a third party, or to comply with their requests in that regard, in order that they act or refrain from acting in connection with the exercise of public functions in order to obtain or retain a contract, business or any other competitive advantage in the conduct of international economic activities, shall be punished, except where they are already subject to a more severe penalty under another provision of this Code, by imprisonment for a term of imprisonment of three to six years, a fine of twelve to twenty-four months, unless the benefit obtained exceeds the resulting amount, in which case the fine shall be equal to the amount of such benefit.

In addition to the penalties mentioned above, the person responsible shall in any event be subject to the penalty of prohibition of hiring with the public sector, as well as the loss of the possibility of obtaining subsidies or public aid and of the right to enjoy tax benefits or incentives and social security, and the prohibition of intervention in commercial transactions of public importance for a period of seven to twelve years.

2. For the purposes of this Article, public officials shall be those determined by Articles 24 and 427.

It is added by the sole article.157 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 286 quater.

If the facts referred to in the articles of this Section are of particular gravity, the penalty shall be imposed in the upper half of the Section, which may be extended to the upper half in degree.

The facts shall in any event be considered to be of particular gravity where:

(a) the benefit or advantage is of a particularly high value;

(b) the author's action is not merely occasional;

(c) acts committed within a criminal organization or group; or

(d) the subject matter of the business shall be humanitarian goods or services or any other essential goods or services.

In the case of Article 286a(4), the facts shall also be considered to be of particular gravity where:

(a) are intended to influence the development of gambling or gambling; or

(b) are committed in an official State-level sporting competition qualified as a professional or in an international sports competition.

It is added by the sole article.158 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Section 5. Provisions common to the preceding sections

It is renumbered by article 73 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Its previous numbering was section 4a

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 287.

1. In order to proceed for the offences provided for in Section 3a of this Chapter, except those provided for in Articles 284 and 285, a complaint shall be required from the aggrieved person or his legal representatives. Where the minor is a person with a disability in need of special protection or a person who is invalid, the Public Prosecutor may also file a complaint.

2. The complaint required in the preceding subparagraph shall not be precise if the commission of the offence affects the general interests or a plurality of persons.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

It is amended by article 75 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by article 104 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 288.

In the cases provided for in the preceding articles, the sentence shall be published in official newspapers and, if requested by the injured party, the judge or court may order its full or partial reproduction in any other information medium, at the expense of the convicted person.

Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in this Chapter, the following penalties shall be imposed:

1. In the case of offences provided for in articles 270, 271, 273, 274, 275, 276, 283 and 286:

(a) Fine of twice as much as four times the benefit obtained, or which could have been obtained, if the offence committed by the natural person is punishable by imprisonment for more than two years.

(b) Fine of twice as much as three times the benefit obtained, favoured or obtained, in the rest of the cases.

2. In the case of offences under articles 277, 278, 279, 280, 281, 282, 282 bis, 284, 285 bis, 285 quater and 286 bis to 286 quater:

(a) A fine of two to five years or three times the amount of the benefit obtained or which could have been obtained if the resulting amount was higher, where the offence committed by the natural person is punishable by more than two years ' imprisonment.

(b) A fine of six months to two years, or twice the benefit obtained or which could have been obtained if the resulting amount was higher, in the rest of the cases.

3. Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties referred to in Article 33(7)(b) to (g).

It is amended by article 9 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by the sole article.159 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Written in accordance with the bug correction published in BOE No. 139 of 11 June 2015.

Paragraph 1 (b) is amended by final provision 2.3 of Organic Law 3/2011 of 28 January. Ref. BOE-A-2011-1640.

It is amended by article 76 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 288 bis.

In the cases provided for in Articles 281 and 284 of this Code, directors, administrators of fact or law, managers and other members of current and previous staff of any society, constituted or under training, who have committed any of the acts provided for therein, shall be exempt from criminal liability when they cease their participation in them and cooperate with the competent authorities in a full, continuous and diligent manner, providing information and evidence of which they lack, which is useful for the investigation, detection and punishment of the other persons concerned, provided that the following conditions are met:

(a) To cooperate actively in this regard with the competition authority conducting the case;

(b) these companies or natural persons have submitted an application for exemption from payment of the fine in accordance with the provisions of the Competition Act,

(c) such request has been made at a time prior to the time when directors, administrators of fact or law, managers and other current and former staff members of any company, incorporated or under training, who have been informed in that condition that they are being investigated in connection with these events,

(d) This is also an active collaboration with the judicial authority or the Public Prosecutor's Office by providing useful and concrete evidence to ensure proof of the offence and identify other perpetrators.

It is added by art. 1.8 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

Added text, published on 23/12/2022, in force from 12/01/2023.

CHAPTER XII

From the subtraction of one's own thing to its social or cultural utility

Article 289.

Anyone who by any means destroys, disables or damages a thing of social or cultural utility, or in any way evades the fulfilment of the legal duties imposed in the interest of the community, shall be punished by imprisonment of three to five months or a fine of six to 10 months.

It is amended by article 105 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER XIII

Corporate offences

Article 290.

Managers, in law or in fact, of a company incorporated or under formation, who distort the annual accounts or other documents which must reflect the legal or economic situation of the entity, in a manner suitable to cause economic damage to the entity, to any of its members, or to a third party, shall be punished by imprisonment from one to three years and a fine from six to twelve months.

If the economic damage is caused, the penalties shall be imposed in the upper half of the penalty.

Article 291.

Those who, taking advantage of their majority position in the Shareholders' Meeting or the management body of any incorporated or forming company, impose abusive agreements, for profit of their own or of others, to the detriment of the other members, and without having any benefit to it, shall be punished by imprisonment from six months to three years or a fine of either the triple of the benefit obtained.

Article 292.

The same penalty as in the previous article shall be imposed on those who impose or take advantage of themselves or a third party, to the detriment of the company or any of its members, of a harmful agreement adopted by a fictitious majority, obtained by abuse of a blank signature, by improper attribution of the right to vote to those who legally lack it, by unlawful denial of the exercise of this right to those who have it recognized by law, or by any other means or similar procedure, and without prejudice to punishing the act as it should be if it constituted another offence.

Article 293.

Any legal or factual administrator of any incorporated or forming company who, without legal cause, denies or prevents a member from exercising the rights of information, participation in the management or control of the social activity, or preferential subscription of shares recognized by the Laws, shall be liable to a fine of between six and twelve months.

Article 294.

Those who, as de facto or de jure administrators of any incorporated or formed company, subject to or acting in markets subject to administrative supervision, refuse or impede the performance of persons, organs or bodies of inspection or supervisory bodies, shall be punished by imprisonment from six months to three years or by a fine from twelve to twenty-four months.

In addition to the penalties provided for in the preceding paragraph, the judicial authority may order some of the measures provided for in article 129 of this Code.

Article 295.

(Deleted)

It is deleted by Article 160 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 296.

1. The acts described in this chapter shall be prosecuted only by complaint from the aggrieved person or his legal representative. Where the child is a minor, a person with disabilities in need of special protection or a person who is invalid, the Public Prosecutor ' s Office may also report.

2. The complaint required in the preceding subparagraph shall not be precise if the commission of the offence affects the general interests or a plurality of persons.

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

Article 297.

For the purposes of this chapter, any cooperative, Savings Bank, mutual, financial or credit institution, foundation, commercial company or any other entity of a similar nature which, for the purpose of the fulfilment of its purposes, participates permanently in the market.

CHAPTER XIV

Receiving and Laundering of Money

The heading is amended by Art. 77 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 298.

1. Any person who, for profit and with knowledge of the commission of an offence against property or socio-economic order, in which he has not intervened either as an perpetrator or as an accomplice, assists those responsible in taking advantage of the effects of the crime or receives, acquires or conceals such effects, shall be punished by imprisonment for a term of six months to two years.

A term of imprisonment of one to three years shall be imposed in the following cases:

(a) In the case of things of artistic, historical, cultural or scientific value.

(b) In the case of essential necessities, conductions, cabling, equipment or components of electricity supply infrastructure or telecommunications services, or other things intended for the provision of services of general interest, agricultural or livestock products or the instruments or means used to obtain them.

(c) When the facts are of particular gravity, taking into account the value of the effects received or the damage that would have been expected to have caused their removal.

2. These penalties shall be imposed in the greater half on the person who receives, acquires or conceals the effects of the offence in order to traffic in them. If the traffic is carried out using a commercial or industrial establishment or premises, the penalty shall also be a fine of 12 to 24 months. In such cases, judges or courts may, in view of the seriousness of the act and the personal circumstances of the offender, also impose on the offender the penalty of special disqualification for the exercise of his profession or industry, for a period of two to five years, and agree on the measure of temporary or permanent closure of the establishment or premises. If the closure is temporary, it may not exceed five years.

3. In no case may a custodial sentence be imposed that exceeds that specified in the offence under cover. If the offender is otherwise punished, the penalty of imprisonment shall be replaced by a fine of 12 to 24 months, unless the offence under cover is punishable by equal or lesser penalty; in such case, the offender shall be punished by the lesser half of that offence.

Paragraphs 1 and 2 are amended by the sole article 161 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 3 is amended by article 106 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 299.

(Deleted)

It is deleted by the sole article 162 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 107 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 300.

The provisions of this chapter shall apply even if the perpetrator or accomplice of the fact that the effects taken advantage of were irresponsible or personally exempt from punishment.

Article 301.

1. Anyone who acquires, possesses, uses, converts, or transmits property, knowing that it originates in a criminal activity, committed by him or by any third person, or performs any other act to conceal or conceal its illicit origin, or to assist the person who has participated in the offence or offences in avoiding the legal consequences of his acts, shall be punished by imprisonment from six months to six years and a fine of either the triplet of the value of the property. In such cases, judges or courts may also impose on the offender the penalty of special disqualification from exercising his profession or industry for a period of one to three years, taking into account the seriousness of the act and the personal circumstances of the offender, and may agree on the measure of temporary or permanent closure of the establishment or premises. If the closure is temporary, it may not exceed five years.

The penalty shall be imposed in the upper half of the sentence if the property originates from any of the offences related to trafficking in toxic drugs, narcotic drugs or psychotropic substances described in articles 368 to 372 of this Code. In such cases, the provisions of article 374 of this Code shall apply.

The penalty shall also be imposed in the upper half where the property originates from one of the offences covered by Title VII bis, Chapter V of Title VIII, Section 4a of Chapter XI of Title XIII, Title XV bis, Chapter I of Title XVI or Chapters V, VI, VII, VIII, IX and X of Title XIX.

2. The same penalties shall be imposed, depending on the case, on the concealment or concealment of the true nature, origin, location, destination, movement or rights over the property or property thereof, knowing that they are derived from one of the offences set forth in the preceding paragraph or from an act of participation in them.

3. If the acts are committed by gross negligence, the penalty shall be imprisonment from six months to two years and a fine shall be fined to the triplet.

4. The guilty party shall also be punished even if the offence from which the property was derived, or the acts punishable under the preceding paragraphs, were committed, in whole or in part, abroad.

5. If the guilty party has obtained profits, they shall be confiscated in accordance with the rules of article 127 of this Code.

The last subparagraph of paragraph 1 is amended by Article 2.1 of Organic Law 6/2021 of 28 April. Ref. BOE-A-2021-6944

Paragraph 1 is amended by Article 301 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended and Article 5 is added by Article 108 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 302.

1. In the cases provided for in the preceding article, the penalty of deprivation of liberty in its greater half shall be imposed on persons belonging to an organization for the purposes set out therein, and the penalty shall be higher to the extent of the chiefs, administrators or managers of the organizations concerned.

The penalty shall also be imposed in the upper half of the sentence on persons who, being subject to the rules on the prevention of money-laundering and the financing of terrorism, commit any of the acts described in article 301 in the course of their professional activity.

2. In such cases, where a legal person is liable in accordance with article 31 bis, the following penalties shall be imposed:

(a) A fine of between two and five years if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) A fine of six months to two years, in the remaining cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

The second subparagraph is added to paragraph 1 by Article 2.2 of Organic Law 6/2021 of 28 April. Ref. BOE-A-2021-6944

Paragraph 2 is amended by article 79 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 109 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 303.

If the acts provided for in the preceding articles are carried out by an employer, intermediary in the financial sector, an optional person, a public official, a social worker, a teacher or an educator, in the exercise of his or her position, profession or office, he or she shall be liable, in addition to the corresponding penalty, to the penalty of special disqualification for employment or public office, profession or office, industry or commerce, from three to ten years. The penalty of absolute disqualification of 10 to 20 years shall be imposed when the acts referred to are carried out by the authority or agent of the same.

To this end, doctors, psychologists, persons holding health certificates, veterinarians, pharmacists and their dependants are considered to be optional.

Article 304.

The provocation, conspiracy and proposal to commit the offences provided for in articles 301 to 303 shall be punished, respectively, by a lesser penalty of one or two degrees.

TITLE XIII bis

The offences of illegal financing of political parties.

It is added by article 163 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 304 bis

1. Any person who receives donations or contributions to a political party, federation, coalition or voter grouping in violation of the provisions of the Convention shall be liable to a fine of one triplet at the rate of five times the value of the triplo. Article 5.One of Organic Law 8/2007 of 4 July 2007, on financing of political parties.

2. The above acts shall be punishable by imprisonment for a term of six months to four years and a fine of the triplet at the rate of its value or excess if:

(a) In the case of donations listed in Article 5. Organic Law 8/2007, of 4 July, on the financing of political parties of more than EUR 500,000, or exceeding by this figure the limit set in point (b) of that provision, where that is the one infringed.

(b) In the case of donations collected in the Article 7.Two of Organic Law 8/2007 of 4 July 2007, on the financing of political parties, which exceed the amount of EUR 100,000.

3. If the acts referred to in the preceding paragraph are of particular gravity, the penalty shall be imposed in the upper half of the sentence, which may be extended to the upper half in degree.

4. The same penalties shall be imposed, in their respective cases, on any person who makes donations or contributions to a political party, federation, coalition or voter grouping, either by himself or by person in question, in any of the above cases.

5. The same penalties shall be imposed when, in accordance with article 31 bis of this Code, a legal person is responsible for the acts. Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is added by article 164 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 304 ter

1. Any person who participates in structures or organizations of any kind, the purpose of which is to finance political parties, federations, coalitions or groups of electors, outside the provisions of the law, shall be punished by imprisonment for a term of one to five years.

2. The penalty shall be imposed in the upper half of the sentence on persons who run such structures or organizations.

3. If the acts referred to in the preceding paragraphs are of particular gravity, the penalty shall be imposed in the upper half of the sentence, which may be extended to the upper half in degree.

It is added by article 165 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

TITLE XIV

Criminal offences against public finances and against social security

Article 305.

1. Anyone who, by action or omission, defrauds the State, autonomous, foral or local public finances, avoiding payment of taxes, amounts withheld or which should have been withheld or income taken into account, improperly obtaining refunds or enjoying tax benefits in the same way, provided that the amount of the assessed contribution, the amount not paid for withholding or income on account or tax refunds or benefits improperly obtained or enjoyed exceeds 120 thousand euros shall be punished by imprisonment for one to five years and fined for the sixfold amount of the said amount, unless he has regularized his tax status in accordance with paragraph 4 of this article.

The mere presentation of declarations or self-liquidations does not preclude fraud, where it is established by other facts.

In addition to the above penalties, the person responsible shall be deprived of the possibility of obtaining subsidies or public aid and of the right to benefit from tax or social security benefits or incentives for a period of three to six years.

2. For the purpose of determining the amount referred to in the preceding paragraph:

(a) In the case of taxes, withholding taxes, income on account or refunds, periodicals or periodic returns, the amount of the fraud shall be defrauded in each tax or declaration period, and if the period is less than 12 months, the amount of the fraud shall relate to the calendar year. Notwithstanding the above, in cases where fraud is committed within an organisation or criminal group, or by persons or entities acting under the guise of a real economic activity without effectively carrying it out, the offence shall be prosecuted from the moment the amount set out in paragraph 1 is reached.

(b) In other cases, the amount shall be understood to refer to each of the different concepts by which a taxable act is subject to liquidation.

3. The same penalties shall be imposed on anyone who commits the conduct described in paragraph 1 and who evades payment of any amount due to enter or improperly enjoy a profit obtained by law, when the acts are committed against the European Union's Treasury, provided that the amount of fraud exceeded EUR 100,000 within a calendar year. Notwithstanding the above, in cases where fraud is committed within a criminal organisation or group, or by persons or entities acting under the guise of a real economic activity without effectively carrying it out, the offence shall be prosecuted from the moment the amount set out in this subparagraph is reached.

If the amount of fraud does not exceed 100 thousand euros but exceeds ten thousand, a penalty of imprisonment of three months to one year or fine of the same amount shall be imposed on the tripling of the said amount and the loss of the possibility of obtaining subsidies or public aid and of the right to benefit from tax or social security incentives or benefits for the period of six months to two years.

4. The tax situation shall be considered regularized when the tax-obliged person has made full recognition and payment of the tax debt, before the tax administration has notified him of the initiation of the verification or investigation proceedings aimed at determining the tax debts subject to regularization or, in the event that such proceedings have not taken place, before the prosecution, the State lawyer or the procedural representative of the regional, local or foreign administration concerned makes a complaint or complaint against the prosecutor or the investigating judge, or before the prosecution or the investigating judge carries out proceedings that allow him to have formal knowledge of the initiation of the proceedings.

Likewise, the effects of the regularization provided for in the preceding paragraph will apply when tax debts are satisfied after the Administration's right to determine them in administrative proceedings has been prescribed.

The regularisation by the tax-paying party of his tax status shall prevent him from being prosecuted for possible accounting irregularities or other instrumental falsehoods which, solely in relation to the tax-paying debt subject to regularization, could have been committed prior to the regularization of his tax status.

5. Where the tax administration finds evidence that an offence has been committed against the Public Treasury, it may, on the one hand, settle separately the concepts and amounts not linked to the possible offence against the Public Treasury, and, on the other, those linked to the possible offence against the Public Treasury.

The settlement referred to first in the preceding paragraph shall be subject to the ordinary procedure and to the own resources regime of any tax settlement. The liquidation of those concepts and amounts that are linked to the possible crime against the Public Treasury will follow the procedure established by the tax regulations for this purpose, without prejudice to the fact that it is finally in accordance with what is decided in the criminal proceedings.

The existence of criminal proceedings for offences against the Public Treasury will not paralyze the action for recovery of the tax debt. The tax administration may initiate proceedings for recovery unless the judge, on his own motion or at the request of a party, has agreed to suspend the enforcement proceedings, subject to the provision of a guarantee. If security could not be provided in whole or in part, the judge may exceptionally agree to suspend it with full or partial exemption from guarantees if he considers that the execution could cause irreparable damage or very difficult reparation.

6. Judges and tribunals may impose a lesser penalty on the person liable to tax or the perpetrator of the offence by one or two degrees, provided that, before two months from the date of the summons as a defendant, the tax debt is satisfied and the facts are recognized by the courts. The foregoing shall also apply to other participants in the offence other than the person liable for taxation or the perpetrator of the offence, when they actively cooperate in obtaining evidence decisive for the identification or capture of other persons responsible, for the full clarification of the criminal acts or for the investigation of the assets of the person liable for the offence or other persons responsible for the offence.

7. In the proceedings for the offence referred to in this article, for the execution of the penalty of fine and civil liability, which shall include the amount of the tax debt that the Tax Administration has not settled on prescription or other legal grounds as provided for in the Law 58/2003, General Tax, of 17 December, including its interests of delay, the Judges and Courts shall seek the assistance of the services of the Tax Administration that will require them by the administrative procedure of constraint in the terms set out in the said Law.

Paragraph 3 is amended by Article 10 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 2 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

The first subparagraph of paragraph 1 is amended and the fifth subparagraph is added by Article 80 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 1 and 3 are amended by the sole article 110 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 305 bis.

1. The offence against the Public Treasury shall be punishable by imprisonment for two to six years and by a fine of twice the sixfold of the amount of the sum of the fraud if the fraud is committed in one of the following circumstances:

(a) That the amount of the assessed contribution shall exceed EUR 600 000.

(b) The fraud was committed within an organization or criminal group.

(c) The use of natural or legal persons or entities without legal personality brought in, businesses or fiduciary instruments or tax havens or territories with no taxation conceals or makes it difficult to determine the identity of the tax-paying person or person responsible for the offence, the amount of the fraud or the assets of the tax-paying person or person responsible for the offence.

2. All other provisions of Article 305 shall apply to the cases described in this Article.

In such cases, in addition to the penalties mentioned above, the person responsible shall be deprived of the possibility of obtaining public subsidies or aids and of the right to benefit from tax or social security benefits or incentives for the period of four to eight years.

It is added by article 3 of Organic Law 7/2012, of 27 December. Ref. BOE-A-2012-15647.

Text added, published on 28/12/2012, in force from 17/01/2013.

Article 306.

Anyone who, by action or omission, infringes the general budgets of the European Union or other budgets administered by the European Union in excess of EUR 50 000, avoiding, outside the cases referred to in Article 305(3), payment of sums to be entered or, outside the cases referred to in Article 308, of funds obtained in an application other than that to which they are intended or improperly obtained by falsifying the conditions required for granting them or by concealing those which have prevented them, shall be punished by imprisonment for one to five years and by a fine of either the sevenfold amount and the loss of the possibility of obtaining public subsidies or aid and the right to benefit from tax benefits or incentives or social security for the period of three to six years.

If the amount of fraud or improperly applied does not exceed fifty thousand euros, but exceeds four thousand euros, a penalty of imprisonment of three months to one year or fine shall be imposed on the triplet of the said amount and the loss of the possibility of obtaining subsidies or public aid and of the right to benefit from tax benefits or incentives or from social security for the period of six months to two years.

The first paragraph is amended by final provision 4.3 of Organic Law 9/2021 of 1 July. Ref. BOE-A-2021-10957

The first paragraph is amended by article 166 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 4 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

It is amended by article 81 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 111 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 307.

1. Anyone who, by action or omission, fails to pay the social security contributions and the concepts of joint collection, improperly obtaining refunds of such contributions or receiving deductions for any other reason in an improper manner, provided that the amount of the contributions that have been deducted or of the undue refunds or deductions exceeds fifty thousand euros, shall be punished by imprisonment for one to five years and a fine of six times that amount unless he has regularized his situation with the social security system in accordance with paragraph 3 of this Article.

The mere presentation of the quotation documents does not preclude fraud, where it is proved by other facts.

In addition to the above penalties, the person responsible shall be deprived of the possibility of obtaining subsidies or public aid and of the right to benefit from tax or social security benefits or incentives for a period of three to six years.

2. For the purpose of determining the amount referred to in the preceding paragraph, the total amount defrauded during four calendar years shall be fixed.

3. The situation before the social security system shall be considered regularized when the person liable to the social security has made full recognition and payment of the debt before being notified of the initiation of inspection proceedings aimed at the determination of such debts or, if such proceedings have not taken place, before the Public Prosecutor ' s Office or the Social Security Counsel lodges a complaint or a complaint against the person directed or before the Public Prosecutor ' s Office or the examining magistrate carries out proceedings which allow him to have formal knowledge of the initiation of proceedings.

Likewise, the effects of the regularization provided for in the preceding paragraph shall be applicable when debts to the Social Security are satisfied after the Administration has prescribed its right to determine them in administrative proceedings.

The regularisation of the situation before the social security system shall prevent the person concerned from being prosecuted for possible accounting irregularities or other instrumental falsehoods which, solely in relation to the debt subject to regularisation, could have been committed prior to the regularisation of his situation.

4. The existence of criminal proceedings for offences against social security shall not paralyze the administrative procedure for the settlement and recovery of the debt owed to the social security, unless the judge agrees to do so on the basis of the guarantee. In the event that security cannot be provided in whole or in part, the judge may, on an exceptional basis, decide to suspend the security with complete or partial exemption from the guarantee, in the event that he considers that the execution could cause irreparable damage or very difficult reparation. Administrative liquidation will ultimately be in line with what is decided in the criminal proceedings.

5. Judges and courts may impose a lesser penalty of one or two degrees on the person liable to the social security system or to the perpetrator, provided that, before two months from the date of the summons as a defendant, he satisfies the debt to the social security system and judicially recognizes the facts. The above shall also apply to other participants in the offence other than the debtor to the Social Security or the perpetrator of the offence, when they actively collaborate in obtaining evidence decisive for the identification or capture of other persons responsible, for the full clarification of the criminal acts or for the investigation of the assets of the person liable to the Social Security or other persons responsible for the offence.

6. In the proceedings for the offence referred to in this article, for the execution of the penalty of fine and civil liability, which shall include the amount of the debt to the Social Security that the Administration has not settled on prescription or other legal grounds, including its interest in delay, the Judges and Courts shall seek the assistance of the services of the Social Security Administration which shall require them by the administrative procedure of constraint.

It is amended by article 5 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

The first subparagraph of paragraph 1 is amended by Article 82 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by the sole article.112 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 307 bis.

1. The offence against social security shall be punishable by imprisonment for two to six years and by a fine of twice the amount of the sevenfold if the commission of the offence involves any of the following:

(a) That the amount of assessed contributions or undue refunds or deductions exceed 120 thousand euros.

(b) The fraud was committed within an organization or criminal group.

(c) The use of natural or legal persons or entities without legal personality brought in, businesses or fiduciary instruments or tax havens or territories of null and void taxation conceals or makes it difficult to determine the identity of the person liable to the social security system or the person responsible for the offence, to determine the amount of fraud or the assets of the person liable to the social security system or the person responsible for the offence.

2. All the other provisions of Article 307 shall apply to the cases described in this Article.

3. In such cases, in addition to the penalties mentioned above, the person responsible shall be deprived of the possibility of obtaining public subsidies or aids and of the right to benefit from tax or social security benefits or incentives for the period of four to eight years.

It is added by article 6 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

Text added, published on 28/12/2012, in force from 17/01/2013.

Article 307 ter.

1. Any person who obtains, for himself or herself or for another person, the benefit of the Social Security System, the undue prolongation of it, or facilitates its acquisition by means of error caused by the simulation or misrepresentation of facts, or the conscious concealment of facts of which he had the duty to inform, thereby causing harm to the Public Administration, shall be punished by imprisonment for six months to three years.

If the facts, in view of the amount of fraud, the means employed and the personal circumstances of the author, are not particularly serious, they shall be punished by a fine of sixfold.

In addition to the above penalties, the person responsible shall be deprived of the possibility of obtaining subsidies and of the right to benefit from tax or social security benefits or incentives for a period of three to six years.

2. Where the value of benefits exceeds EUR 50,000 or any of the circumstances referred to in Article 307a (1) (b) or (c) has occurred, a term of imprisonment of between two and six years and a fine shall be imposed on the sixfold.

In such cases, in addition to the penalties indicated above, the person responsible shall be deprived of the possibility of obtaining subsidies and of the right to benefit from tax benefits or incentives or from social security for a period of four to eight years.

3. A person who reinstates an amount equivalent to the value of the benefit received increased by an annual interest equivalent to the legal interest of the money increased by two percentage points, from the time he received it, before being notified of the initiation of inspection and control proceedings in respect of it or, in the event that such proceedings did not take place, before the Public Prosecutor, the State Advocate, the Social Security Counsel or the representative of the autonomous or local administration concerned, lodges a complaint or complaint against him or before the Prosecutor ' s Office or the investigating judge carries out proceedings that would allow him to have formal knowledge of the initiation of proceedings.

The exemption from criminal liability referred to in the preceding paragraph shall also be granted to that person because of the possible instrumental falsehoods which, in relation exclusively to the benefit of the person concerned, could have been committed prior to the regularization of his situation.

4. The existence of criminal proceedings for any of the offences referred to in paragraphs 1 and 2 of this Article shall not prevent the competent authority from requiring the administrative recovery of benefits unduly obtained. The amount to be surrendered shall be deemed to be provisionally fixed by the Administration, and shall then be adjusted to what is finally decided in the criminal proceedings.

The criminal procedure shall also not stop the recovery action of the competent authority, which may initiate the recovery proceedings unless the judge, on his own motion or at the request of a party, has agreed to suspend the enforcement proceedings on the basis of a guarantee. If security cannot be provided in whole or in part, the judge may exceptionally agree to suspend the operation with full or partial exemption from guarantees if he considers that the execution could cause irreparable damage or very difficult reparation.

5. In the proceedings for the offence referred to in this article, for the execution of the penalty of fine and civil liability, the judges and courts shall seek the assistance of the services of the Social Security Administration, which shall require them by the administrative procedure of constraint.

6. The provisions of paragraph 5 of this Article shall apply to cases covered by this Article. Article 307 of the Criminal Code.

It is added by article 7 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

Text added, published on 28/12/2012, in force from 17/01/2013.

Article 308.

1. Any person who obtains grants or aid from public administrations, including the European Union, in an amount or for a value exceeding EUR 100,000 by falsifying the conditions required for its grant or by concealing those which have prevented it, shall be liable to imprisonment for one to five years and to a fine of at least six times the amount of such aid, unless he carries out the refund referred to in paragraph 6.

2. The same penalties shall be imposed on those who, in the course of an activity financed in whole or in part by public administration funds, including the European Union, apply them in excess of EUR 100,000 for purposes other than those for which the grant or aid was granted, unless they carry out the reimbursement referred to in paragraph 6.

3. In addition to the above penalties, the person responsible shall be deprived of the possibility of obtaining subsidies or public aid and of the right to benefit from tax or social security incentives for a period of three to six years.

4. If the amount obtained, defrauded or improperly applied does not exceed EUR 100 000 but exceeds EUR 10 000, a penalty of imprisonment of three months to one year or fine shall be imposed on the triplet of that amount and the loss of the possibility of obtaining subsidies or public aid and of the right to benefit from tax benefits or incentives or from social security for the period of six months to two years, unless it carries out the refund referred to in paragraph 6.

5. For the purpose of determining the amount referred to in this Article, the total amount obtained, defrauded or improperly applied, irrespective of whether it comes from one or more public administrations together, shall be taken into account.

6. The refund referred to in paragraphs 1, 2 and 4 shall be deemed to have been effected when the recipient of the grant or aid proceeds to refund the subsidies or aid unduly received or applied, increased in the interest of delay applicable in the matter of subsidies from the time when it received them, and is carried out before the initiation of verification or control proceedings in relation to such subsidies or aid has been notified or, if such proceedings have not occurred, before the Prosecutor's Office, the State Advocate or the representative of the autonomous or local administration concerned, lodges a complaint or complaint against the person or before the Prosecutor's Office or the investigating judge carries out proceedings which enable him to have formal knowledge of the initiation of the proceedings. The refund shall prevent the person concerned from being prosecuted for any instrumental falsehoods which, solely in relation to the debt subject to regularisation, could have been committed prior to the regularisation of his situation.

7. The existence of criminal proceedings for any of the offences referred to in paragraphs 1, 2 and 4 of this Article shall not prevent the competent authority from requiring the administrative reimbursement of unduly applied subsidies or aid. The amount to be surrendered shall be deemed to be provisionally fixed by the Administration, and shall then be adjusted to what is finally decided in the criminal proceedings.

The criminal procedure shall also not paralyse the action for recovery by the Administration, which may initiate proceedings for recovery unless the judge, ex officio or at the request of a party, has agreed to suspend the enforcement proceedings on the basis of a guarantee. If security cannot be provided in whole or in part, the judge may exceptionally agree to stay with full or partial waiver of guarantees if he considers that the execution could cause irreparable damage or very difficult reparation.

8. Judges and courts may impose a lesser penalty on the person responsible for this offence by one or two degrees, provided that, within two months of the date of the summons to the court as investigated, he or she carries out the refund referred to in paragraph 6 and recognizes the facts in court. The above shall also apply to other participants in the offence other than the person liable to be returned or the perpetrator of the offence, when they actively cooperate in obtaining evidence decisive for the identification or capture of other persons responsible, for the full clarification of the criminal acts or for the investigation of the assets of the person liable or the person responsible for the offence.

It is amended by article 11 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 8 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

Paragraphs 1 and 2 are amended by article 83 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraphs 1 and 2 are amended by the sole article.113 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 308 bis.

1. The suspension of the execution of sentences imposed for any of the offences regulated in this Title shall be governed by the provisions contained in Chapter III of Title III of Book I of this Code, supplemented by the following rules:

1.a The suspension of the execution of the sentence of imprisonment shall require, in addition to the fulfilment of the requirements of article 80, that the sentenced person has paid the tax or social security debt or that he has repaid the subsidies or aids improperly received or used.

This requirement shall be deemed to be met when the convicted person undertakes to satisfy the tax debt, the debt to the Social Security or to recover the subsidies or aid unduly received or used and the civil liabilities according to his economic capacity and to facilitate the agreed confiscation, and it is reasonable to expect that the same will be fulfilled. The suspension shall not be granted when it is clear that the convicted person has provided inaccurate or insufficient information about his or her property.

The decision by which the judge or court grants the suspension of the execution of the sentence shall be communicated to the procedural representation of the State, regional, local or foreign Treasury, the Social Security or the Administration which has granted the subsidy or aid.

2.a The judge or court shall revoke the suspension and order the execution of the sentence, in addition to the cases of article 86, where the convicted person fails to fulfil the obligation to pay the tax debt or the Social Security, to refund the subsidies and aids unduly received or used, or to pay the civil liabilities, provided that he has financial capacity to do so, or to provide inaccurate or insufficient information about his assets. In such cases, the prison supervision judge may refuse to grant parole.

2. In the case of article 125, the judge or court shall hear the procedural representation of the State, regional, local or foreign Treasury, the Social Security or the Administration which has granted the subsidy or aid in advance, in order to provide a report on the property of those responsible for the offence, which shall analyse the real economic and property capacity of those responsible and may include a proposal for division in accordance with that capacity and the tax, social security or subsidy regulations.

It is added by article 167 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 309.

(Repealed)

It is repealed by the sole derogation provision.1 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

It is amended by article 84 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 141 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 310.

A person who is obliged by tax law to keep commercial accounts, books or tax records shall be liable to imprisonment for a term of between five and seven months:

(a) It absolutely fails to comply with this obligation under a direct assessment of tax bases.

(b) Keep separate accounts which, in relation to the same activity and financial year, conceal or simulate the real situation of the undertaking.

(c) He has not entered business, acts, operations or, in general, economic transactions in the books, or has written them down with figures other than the actual ones.

(d) He shall have made fictitious accounting records.

The consideration as an offence of the factual circumstances referred to in paragraphs (c) and (d) above shall require that the tax declarations have been omitted or that the statements submitted reflect their false accounting and that the amount, in more or less, of the omitted or falsified charges or charges exceed, without arithmetical compensation among them, 240,000 euros for each financial period.

It is amended by article 115 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 310 bis.

Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in this Title, the following penalties shall be imposed:

(a) Fined twice as much as the amount of fraud or improperly obtained, if the offence committed by the natural person is punishable by imprisonment for more than two years.

(b) Fined twice as much as four times the amount of fraud or improperly obtained, if the offence committed by the natural person is punishable by imprisonment for more than five years.

(c) A fine of six months to one year in the cases referred to in Article 310.

In addition to those mentioned above, the legal person responsible shall be required to lose the possibility of obtaining subsidies or public aid and the right to benefit from tax or social security benefits or incentives for a period of three to six years. The prohibition to engage with public administrations may be imposed.

Having regard to the rules laid down in Article 66a, Judges and Courts may also impose the penalties referred to in Article 33(7)(b), (c), (d), (e) and (g).

It is amended by article 9 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

It is added by article 85 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

TITLE XV

Offences against the rights of workers

Article 311.

They shall be punished by imprisonment for six months to six years and by a fine of six to twelve months:

1. Those who, by deception or abuse of necessity, impose on workers conditions of employment or social security that impair, suppress or restrict the rights they have recognized by legal provisions, collective agreements or individual contract.

2. Those who impose illegal conditions on their workers by hiring them under formulas outside the employment contract, or keep them against administrative injunction or sanction.

3. Those who simultaneously employ a plurality of workers without notifying their release into the relevant social security system or, where appropriate, without having obtained a corresponding work permit, provided that the number of workers concerned is at least:

(a) 25 per cent in enterprises or workplaces employing more than 100 workers;

(b) 50 per cent in enterprises or workplaces employing more than 10 workers and not more than 100 workers; or

(c) all of them, in enterprises or workplaces employing more than five and not more than ten workers.

4. Those who, in the case of transfer of undertakings, with knowledge of the procedures described in the preceding paragraphs, maintain the above conditions imposed by another.

5. If the conduct described in the preceding paragraphs is carried out with violence or intimidation, the highest penalties shall be imposed in degree.

It is amended by art. 1.9 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 10 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

Article 311 bis.

He shall be punished by imprisonment of three to eighteen months or a fine of twelve to thirty months, unless the acts are punishable by a more severe penalty under another provision of this Code, which:

(a) Repeatedly employs or employs foreign nationals without a work permit; or

(b) Employ or employ a minor who has no work permit.

It is added by the sole article.168 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 312.

1. Penalties shall be imposed on anyone who illegally traffics in labour from two to five years ' imprisonment and a fine from six to twelve months ' imprisonment.

2. The same penalty shall be imposed on those who recruit persons or determine them to leave their jobs by offering misleading or false employment or working conditions, and on those who employ foreign nationals without a work permit under conditions that prejudice, suppress or restrict the rights they have under legal provisions, collective agreements or individual contract.

Paragraph 1 is amended by final provision 1 of Organic Law 4/2000 of 11 January. Ref. BOE-A-2000-544

Article 313.

Anyone who determines or favours the migration of any person to another country by simulating a contract or placement, or by using such deception, shall be punished by the penalty provided for in the preceding article.

It is amended by the sole article. 86 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by Article 2.1 of Organic Law 13/2007 of 19 November. Ref. BOE-A-2007-19879

Written according to the bug correction published in BOE No. 310 of 27 December 2007. Ref. BOE-A-2007-22297

Article 314.

Those who cause serious discrimination in employment, public or private, against any person on the grounds of their ideology, religion or belief, family status, ethnicity, race or nation, national origin, sex, age, sexual or gender orientation or identity, gender, apophobia or social exclusion, illness or disability, because of legal or trade union representation of workers, kinship with other workers in the enterprise or for the use of any of the official languages within the Spanish State, and do not restore equality before the law after an administrative order or sanction, repairing any financial damage that has resulted, shall be punished by imprisonment from six months to two years or a fine from twelve to twenty-four months.

It is amended by final provision 6.31 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is amended by article 258 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439

It is amended by article 116 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 315.

1. The penalty shall be imprisonment for a term of six months to two years or a fine of six to twelve months if, by deception or abuse of necessity, they prevent or restrict the exercise of freedom of association or the right to strike.

2. If the acts described in the preceding paragraph are carried out by coercion, they shall be punished by imprisonment for one year and nine months up to three years or by a fine of 18 months to 24 months.

Paragraph 3 is deleted by the sole article of Organic Law 5/2021 of 22 April. Ref. BOE-A-2021-6462

It is amended by article 169 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 316.

Those who, in violation of the rules for the prevention of occupational risks and being legally obliged, do not provide the necessary means for workers to carry out their activities with the appropriate safety and hygiene measures, so as to seriously endanger their life, health or physical integrity, shall be punished by imprisonment from six months to three years and a fine from six to twelve months.

Article 317.

Where the offence referred to in the preceding article is committed by gross negligence, it shall be punished by the lesser penalty in degree.

Article 318.

Where the acts provided for in the articles of this title are attributed to legal persons, the penalty referred to shall be imposed on those administrators or service officers who have been responsible for them and on those who, knowing them and being able to remedy them, have not taken measures to do so. In such cases, the judicial authority may also order any or all of the measures provided for in article 129 of this Code.

It is amended by art. 1.12 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

TITLE XV bis

Offences against the rights of foreign citizens

It is added by final provision 2 of Organic Law 4/2000 of 11 January. Ref. BOE-A-2000-544

Text added, published on 12/01/2000, in force from 01/02/2000.

Article 318 bis.

1. Anyone who intentionally assists a person who is not a national of a Member State of the European Union to enter or transit through Spanish territory in a manner that violates the legislation on the entry or transit of aliens shall be punished by a fine of three to twelve months or imprisonment of three months to one year.

The acts shall not be punishable if the aim pursued by the perpetrator is to provide humanitarian assistance only to the person concerned.

If the acts had been committed for profit, the penalty would be imposed in the upper half.

2. Any person who intentionally assists, for profit purposes, a person who is not a national of a Member State of the European Union to remain in Spain, in violation of the legislation on the stay of aliens, shall be punished by a fine of three to twelve months or imprisonment from three months to one year.

3. The acts referred to in paragraph 1 of this article shall be punishable by imprisonment for a term of four to eight years if one of the following circumstances occurs:

(a) Where the acts were committed within an organization engaged in such activities. In the case of heads, administrators or heads of such organizations or associations, they shall be punished in their upper half, which may be raised to the immediately higher level.

(b) Where the life of the persons subject to the offence has been endangered or where the risk of causing serious injury has been created.

4. In the same penalties as in the previous paragraph, and in addition to those for absolute disqualification from six to twelve years, those who carry out the acts shall be liable to the penalty of their status as authority, official of the latter or public official.

5. Where a legal person is responsible for the offences covered by this Title under article 31 bis, he shall be liable to a fine of between two and five years, or to a fine of three times the benefit obtained if the resulting amount is higher.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

6. The courts, taking into account the gravity of the act and its circumstances, the conditions of the offender and the purpose pursued by him, may impose the penalty to a lesser degree than the one indicated respectively.

It is amended by article 170 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 2 is deleted, renumbered from 3 to 6 as 2 to 5 and amended from 2 to 4 by Article 87 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by Article 2.2 of Organic Law 13/2007 of 19 November. Ref. BOE-A-2007-19879

It is amended by art. 1.13 of Organic Law 11/2003 of 29 September. Ref. BOE-A-2003-18088

It is added by final provision 2 of Organic Law 4/2000 of 11 January. Ref. BOE-A-2000-544

Text added, published on 12/01/2000, in force from 01/02/2000.

TITLE XVI

Of offences relating to spatial planning and urban planning, the protection of historical heritage and the environment

The heading is amended by article 88 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

CHAPTER I

Of offences relating to spatial planning and urban planning

The heading is amended by article 89 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 319.

1. A penalty of one year and six months to four years ' imprisonment, a fine of 12 to 24 months ' imprisonment, unless the benefit obtained by the offence exceeds the amount resulting from the fine, shall be calculated on the basis of the amount of such benefit, and special disqualification for one to four years from occupation or occupation, from promoters, builders or technical directors who carry out unauthorised urbanisation, construction or construction work on soils intended for roads, green areas, public domain goods or places legally or administratively recognized as having their landscape, ecological, artistic, historical or cultural value, or for the same reasons have been considered to be of special protection.

2. A penalty of one to three years' imprisonment, a fine of 12 to 24 months' imprisonment, unless the benefit obtained for the offence exceeds the amount resulting from the fine, shall be equal to the amount of the benefit, and special disqualification for a profession or occupation for a period of one to four years from the promoters, builders or technical directors who carry out unauthorised urbanisation, construction or construction work on non-urbanized land.

3. In any event, the judges or courts may, on grounds of reason, order, on behalf of the author of the act, the demolition of the work and the replacement to its original state of altered physical reality, without prejudice to the compensation due to third parties of good faith, and valuing the circumstances, and after hearing the competent administration, shall temporarily condition the demolition to the creation of guarantees that ensure the payment of those guarantees. In any event, confiscation of proceeds derived from the offence shall be provided for, whatever changes they may have undergone.

4. In the cases provided for in this article, where a legal person is liable in accordance with article 31 bis of this Code, he shall be liable to a fine of between one and three years, unless the benefit obtained by the offence exceeds the resulting amount in which case the fine shall be twice the amount of the amount of such benefit.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

Paragraph 3 is amended by the sole article.171 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 90 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 320.

1. Any public authority or official who, knowing of its injustice, has reported favourably planning instruments, projects of urbanization, parceling, refurbishing, construction or building, or the granting of licences contrary to the current rules of land or urban planning, or who, on inspection, has silenced the violation of those norms or has omitted to carry out inspections of a mandatory nature, shall be punished by the penalty laid down in article 404 of this Code and, in addition, by imprisonment for one year and six months to four years and by a fine of 12 to 24 months.

2. The same penalties shall be imposed on the public authority or public official who, by himself or as a member of a collegiate body, has decided or voted in favour of the approval of the planning instruments, projects of urbanization, parceling, replanting, construction or building or the granting of the licences referred to in the preceding paragraph, knowing of their injustice.

It is amended by article 91 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

CHAPTER II

Crimes against historical heritage

Article 321.

Those who severely demolish or alter buildings that are uniquely protected by their historical, artistic, cultural or monumental interest shall be punished by imprisonment for a term of six months to three years, a fine of twelve to twenty-four months and, in any case, special disqualification for a profession or occupation for a term of one to five years.

In any event, the judges or courts may, on grounds of reason, order the reconstruction or restoration of the work by the perpetrator, without prejudice to compensation due to bona fide third parties.

Article 322.

1. Any public authority or official who, knowing of his injustice, has reported favourably plans to demolish or alter buildings which are uniquely protected shall be punished, in addition to the penalty provided for in article 404 of this Code, by imprisonment for six months to two years or by a fine of 12 to 24 months.

2. The same penalties shall be imposed on the public authority or official who, by himself or as a member of a collegial body, has decided or voted in favour of the granting of such a measure in the knowledge of its injustice.

Article 323.

1. Any person who causes damage to property of historical, artistic, scientific, cultural or monumental value, or to archaeological, terrestrial or underwater sites shall be liable to imprisonment for a term of six months to three years or a fine of twelve to twenty-four months. The same penalty shall be imposed on acts of plunder in the latter.

2. If damage of particular gravity has been caused or if it has affected property whose historical, artistic, scientific, cultural or monumental value is particularly relevant, the penalty may be imposed in a higher degree than that referred to in the preceding paragraph.

3. In all such cases, judges or courts may order, in charge of the perpetrator of the damage, the adoption of measures aimed at restoring, to the extent possible, the damaged property.

It is amended by article 172 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 324.

Anyone who causes damage, in excess of 400 euros, to an archive, register, museum, library, teaching centre, scientific cabinet, similar institution or to goods of artistic, historical, cultural, scientific or monumental value, as well as to archaeological sites, shall be liable to a fine of three to 18 months, taking into account the importance of these.

It is amended by the sole article.117 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER III

Crimes against natural resources and the environment

Article 325.

1. It shall be punishable by imprisonment from six months to two years, a fine from 10 to 14 months and special disqualification for a profession or occupation for a period of one to two years if, contrary to laws or other general provisions protecting the environment, it causes or causes emissions, discharges, radiation, extractions or excavations, terrorizations, noises, vibrations, injections or deposits, into the atmosphere, soil, subsoil or terrestrial, underground or maritime waters, including the high seas, with an impact even on transboundary areas, as well as water captures which, by themselves or in conjunction with others, cause or may cause substantial damage to the quality of the air, soil or water, or animals or plants.

2. If the above conduct, either by itself or together with others, could seriously impair the balance of natural systems, a prison sentence of two to five years, a fine of eight to twenty-four months and special disqualification for one to three years shall be imposed.

If a risk of serious harm to the health of the person has been created, the penalty of imprisonment in the upper half of the prison shall be imposed, reaching the upper half in degree.

It is amended by article 173 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 92 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 118 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 326.

1. They shall be punished by the penalties provided for in the preceding article, in their respective cases, if they, contrary to laws or other general provisions, collect, transport, value, process, dispose of or take advantage of waste, or do not adequately control or monitor such activities, so that they cause or may cause substantial damage to the quality of air, soil or water, or to animals or plants, death or serious injury to persons, or may seriously impair the balance of natural systems.

2. Any person who, apart from the case referred to in the preceding paragraph, transfers a non-derogable quantity of waste, both in the case of one and several related shipments, in one of the cases covered by European Union law relating to shipments of waste, shall be liable to a penalty of three months to one year's imprisonment, a fine of six to eighteen months' imprisonment and special disqualification for profession or occupation for a period of three months to one year.

It is amended by article 174 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 326 bis.

The penalties provided for in article 325 shall be imposed, in their respective cases, on persons who, in contravention of laws or other general provisions, carry out the operation of installations where dangerous activity is carried out or where dangerous substances or preparations are stored or used in such a way as to cause or may cause substantial damage to the quality of air, soil or water, animals or plants, death or serious injury to persons, or may seriously impair the balance of natural systems.

It is added by the sole article.175 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Written in accordance with the bug correction published in BOE No. 139 of 11 June 2015.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 327.

The acts referred to in the three preceding articles shall be punished by a penalty one degree higher in degree, without prejudice to those which may be applicable under other provisions of this Code, if any of the acts described in the preceding article are committed in any of the following circumstances:

(a) The industry or activity operates clandestinely, without having obtained the requisite authorization or administrative approval of its facilities.

(b) The express orders of the administrative authority to correct or suspend the activities described in the preceding article have been disobeyed.

(c) Information on the environmental aspects of such information has been falsified or concealed.

(d) That the inspection activity of the Administration has been obstructed.

(e) There has been a risk of irreversible or catastrophic deterioration.

(f) Illegal extraction of water during periods of restrictions.

It is amended by article 176 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 93 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 328.

Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in this Chapter, the following penalties shall be imposed:

(a) Fine of one to three years, or double the fourfold amount of the damage caused when the resulting amount is higher, if the offence committed by the natural person is punishable by more than two years ' deprivation of liberty.

(b) Fine from six months to two years, or twice as much as three times the damage caused if the resulting amount is higher, in the rest of the cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is amended by article 77 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 94 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 119 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 329.

1. Any public authority or official who knowingly has reported favourably the granting of manifestly illegal licences authorizing the operation of the polluting industries or activities referred to in the preceding articles, or who, on the basis of his inspections, has silenced the violation of laws or regulations of a general nature regulating them, or who has failed to carry out inspections of a mandatory nature, shall be punished by the penalty laid down in article 404 of this Code and, in addition, by imprisonment from six months to three years and by a fine from eight to twenty-four months.

2. The same penalties shall be imposed on any public authority or official who, by himself or as a member of a collegial body, has decided or voted in favour of the granting of such a measure in the knowledge of its injustice.

Paragraph 1 is amended by article 95 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 330.

Anyone who, in a protected natural space, seriously damages any of the elements that have served to qualify him, shall be liable to imprisonment for a term of one to four years and a fine of twelve to twenty-four months.

Article 331.

The acts provided for in this chapter shall be punished, if necessary, with the lesser penalty in degree, in their respective cases, when they have been committed for serious negligence.

CHAPTER IV

Crimes against flora and fauna.

The heading is amended by article 1 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

The heading is amended by article 120 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 332.

1. Anyone who, in contravention of laws or other provisions of a general nature, cuts, cuts, grubbing up, collects, acquires, possesses or destroys protected species of wild flora, or deals with them, their parts, derived from them or with their propagules, unless the conduct affects a negligible number of specimens and has no relevant consequences for the conservation status of the species, shall be punished by imprisonment from six months to two years or a fine from eight to twenty-four months, and special disqualification for profession or occupation for a period of six months to two years.

The same penalty shall be imposed on anyone who, in contravention of laws or other general provisions, destroys or seriously alters their habitat.

2. The penalty shall be imposed in the upper half of the sentence in the case of species or subspecies listed as endangered.

3. If the acts were committed as a result of gross negligence, a term of imprisonment of from three months to one year or a fine of from four to eight months, and special disqualification for a profession or occupation for a period of three months to two years, shall be imposed.

It is amended by article 178 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 121 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 333.

Anyone who introduces or releases species of non-indigenous flora or fauna in such a way as to impair biological balance, contrary to the laws or provisions of a general nature protecting species of flora or fauna, shall be punished by imprisonment for a term of four months to two years or a fine of eight to twenty-four months and, in any case, by a special disqualification for a profession or occupation for a term of one to three years.

It is amended by article 96 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 122 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 334.

1. He shall be punished by imprisonment from six months to two years or by a fine from eight to twenty-four months and, in any event, by special disqualification for profession or occupation and special disqualification from exercising the right to hunt or fish for a period of two to four years, who, contrary to laws or other general provisions:

(a) hunt, fish, acquire, possess or destroy protected species of wild fauna;

(b) traffic in their parts or parts thereof; or

(c) carries out activities that prevent or hinder their reproduction or migration.

The same penalty shall be imposed on anyone who, in contravention of laws or other general provisions, destroys or seriously alters their habitat.

2. The penalty shall be imposed in the upper half of the sentence in the case of species or subspecies listed as endangered.

3. If the acts have been committed as a result of gross negligence, a term of imprisonment of three months to one year or a fine of four to eight months shall be imposed and, in any case, special disqualification for profession or occupation and special disqualification from exercising the right to hunt or fish for a period of three months to two years.

4. The penalty shall be deprivation of the right to possess and bear weapons for a period of between two and four years, where the acts relating to subparagraphs 1 (a) and (c) have been committed using weapons, whether or not they relate to hunting.

Paragraph 4 is added by the sole article.2 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

It is amended by article 179 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 1 is amended by article 97 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Paragraph 1 is amended by the sole article 123 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 335.

1. Anyone who hunts or catches species other than those referred to in the preceding article, when expressly prohibited by the specific rules on hunting or fishing, shall be liable to a fine of eight to twelve months, special disqualification from exercising the right to hunt or fish for a period of two to five years and deprivation of the right to hold and bear weapons for the same period.

2. Anyone who hunts or fishs or engages in relevant seafood activities on species other than those mentioned in the previous article on other persons' public or private land, subject to special hunting arrangements, without the proper permission of the holder or subject to the granting or authorization of shellfish or aquaculture without the proper administrative qualification, shall be liable to a fine of four to eight months and to a special disqualification from exercising the right to hunt, fish or fish for the duration of one to three years and to deprivation of the right to hold and bear weapons for the same period, in addition to the penalties that may be imposed, if applicable, for the commission of the offence provided for in paragraph 1 of this article.

3. If the above conduct causes serious damage to the fish stocks of a land subject to special hunting regime or to the sustainability of resources in zones of concession or authorization of shellfish or aquaculture, the penalty shall be imprisonment from six months to two years and special disqualification for the exercise of the rights to hunt, fish, and to carry out sea-fishing activities for a period of two to five years and deprivation of the right to hold and bear weapons for the same period.

It is amended by article the sole Article, point 3 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

It is amended by article 180 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 124 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 336.

Anyone who, without being legally authorized, employs poison hunting or fishing, explosive means or other instruments or gear of similar destructive or non-selective efficacy for the fauna, shall be punished by imprisonment from four months to two years or by a fine from eight to twenty-four months and, in any case, by a special disqualification for profession or trade and special disqualification from exercising the right to hunt or fish for a period of one to three years, with the deprivation of the right to hold and bear weapons for the same period. If the damage caused is of notorious importance, the above-mentioned penalty of imprisonment shall be imposed in its upper half.

It is amended by article 4 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

It is amended by article 98 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 125 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 337.

(Deleted)

It is deleted by article 5 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

It is amended by article 108 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 99 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 126 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 337 bis.

(Deleted)

It is deleted by article 6 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

It is added by the sole article 182 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

CHAPTER V

Common provisions

Article 338.

Where the conduct defined in this Title affects a protected natural area, penalties shall be imposed in a degree higher than those provided for respectively.

Article 339.

The judges or courts shall order the adoption, by the perpetrator of the act, of the necessary measures aimed at restoring the disturbed ecological balance, as well as of any other precautionary measure necessary for the protection of the property protected in this Title.

It is amended by article 100 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 340.

If the perpetrator of any of the acts described in this Title has voluntarily proceeded to make reparation for the damage caused, the Judges and Courts shall impose the penalty lower than those provided for respectively.

TITLE XVI bis

Animal offences

It is added by article 7 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

Text added, published on 29/03/2023, in force from 18/04/2023.

Article 340 bis.

1. He shall be punished by imprisonment from three to eighteen months or by a fine from six to twelve months and by a penalty of special disqualification from one to three years for the exercise of a profession, trade or trade relating to animals and for the holding of animals which is outside the legally regulated activities and by any means or procedure, including acts of a sexual nature, causing a domestic animal, tamed, domesticated or temporarily or permanently under human control injury requiring veterinary treatment for the restoration of its health.

If the injuries referred to in the preceding paragraph are caused to a vertebrate animal not covered by the preceding paragraph, the penalty shall be imprisonment from three to twelve months or a fine from three to six months, in addition to the penalty of special disqualification from one to three years for the exercise of the profession, trade or trade related to the animals and for the holding of animals.

If the offence has been committed using firearms, the judge or court may, on the grounds of reason, impose the penalty of deprivation of the right to hold and bear weapons for a period of one to four years.

2. The penalties provided for in the preceding paragraph shall be imposed in the upper half of the sentence if one of the following aggravating circumstances occurs:

(a) Use weapons, instruments, objects, means, methods or forms that may be hazardous to the life or health of the animal.

(b) Execute the act with dismay.

(c) Causing the animal to lose or render useless a meaning, organ or principal member.

(d) Performing the act by its owner or by the person entrusted with the care of the animal.

(e) Execute the act in the presence of a minor or a particularly vulnerable person.

(f) Execute the act for profit.

(g) To commit the act in order to coerce, intimidate, harass or cause psychological harm to anyone who is or has been a spouse or a person who is or has been linked to the perpetrator by a similar relationship of affection, even without cohabitation.

(h) Execute the act at a public event or disseminate it through information or communication technologies.

(i) Use poison, explosive means or other instruments or gear of similar destructive or non-selective efficacy.

3. Where, on the occasion of the acts provided for in the first paragraph of this article, the death of a domestic animal, whether embezzled, domesticated or temporarily or permanently under human control is caused, the penalty shall be imprisonment for 12 to 24 months, in addition to the penalty of special disqualification for the exercise of a profession, trade or trade relating to the animals and for the holding of animals from two to four years.

Where, on the occasion of the events referred to in the first paragraph of this Article, a vertebrate animal not covered by the preceding paragraph is killed, a penalty of imprisonment of six to eighteen months or a fine of eighteen to twenty-four months shall be imposed, in addition to the penalty of special disqualification of two to four years for the exercise of the profession, trade or trade relating to the animals and for the holding of animals.

If the offence has been committed using firearms, the judge or court may, on grounds of reason, impose the penalty of deprivation of the right to hold and bear weapons for a period of two to five years.

In the event of any of the circumstances provided for in the preceding subparagraph, the judge or court shall impose the penalties in the upper half of the sentence.

4. If the injuries caused do not require veterinary treatment or if the animal has been seriously ill-treated without causing injury, a fine of one to two months or work for the benefit of the community shall be imposed for one to thirty days. The penalty of special disqualification shall also be imposed from three months to one year for the exercise of a profession, trade or trade related to animals and for the holding of animals.

It is added by article 7 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

Text added, published on 29/03/2023, in force from 18/04/2023.

Article 340 ter.

A person who abandons a vertebrate animal under his or her responsibility in conditions in which his or her life or integrity may be endangered shall be liable to a fine of one to six months or to work for the benefit of the community for thirty-one to ninety days. The penalty of special disqualification of one to three years for the exercise of a profession, trade or trade related to animals and for the holding of animals shall also be imposed.

It is added by article 7 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

Text added, published on 29/03/2023, in force from 18/04/2023.

Article 340 quater.

1. Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in this title, the following penalties shall be imposed:

(a) A fine of one to three years if the offence committed by the natural person is punishable by law by imprisonment of more than two years.

(b) A fine of six months to two years, in the remaining cases.

2. In the light of the rules set out in article 66 bis, judges and courts may also impose the penalties set out in article 33.7, paragraphs (b) to (g), in cases of liability of legal persons.

It is added by article 7 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

Text added, published on 29/03/2023, in force from 18/04/2023.

Article 340 quinquies.

The judges or courts may adopt on a reasoned basis any precautionary measure necessary for the protection of the property protected in this Title, including provisional changes in the ownership and care of the animal.

Where the penalty of special disqualification for the exercise of a profession, trade or trade related to animals and for the holding of animals is imposed on the person who has assigned the title or care of the mistreated animal, the judge or court, on its own initiative or at the request of a party, shall take appropriate measures with regard to the ownership and care of the animal.

It is added by article 7 of Organic Law 3/2023 of 28 March. Ref. BOE-A-2023-7935

Text added, published on 29/03/2023, in force from 18/04/2023.

TITLE XVII

Offences against collective security

CHAPTER I

Crime at catastrophic risk

Section 1.a: Offences relating to nuclear energy and ionizing radiation

Article 341.

Any person who releases nuclear energy or radioactive elements which endanger the life or health of persons or their property, even if there is no explosion, shall be punished by imprisonment for 15 to 20 years, and by special disqualification from employment or public office, profession or office for a term of 10 to 20 years.

Article 342.

Anyone who, without being covered by the preceding article, disrupts the operation of a nuclear or radioactive facility, or alters the development of activities involving materials or equipment producing ionizing radiation, creating a situation of serious danger to the life or health of persons, shall be punished by imprisonment for a term of four to ten years, and by a special disqualification from public employment or office, profession or office for a term of six to ten years.

Article 343.

1. Any person who, by dumping, emission or introduction into the air, soil or water of a quantity of materials or ionizing radiation or by any other means exposure to such radiation endangers the life, integrity, health or property of one or more persons shall be punished by imprisonment for a term of six to twelve years and by special disqualification from public employment or office, profession or office for a term of six to ten years. The same penalty shall be imposed when such conduct endangers the quality of air, soil or water, or animals or plants.

2. Where, in addition to the risk involved, the conduct described in the preceding paragraph results in a harmful result constituting an offence, whatever its gravity, the judges or courts shall assess only the most serious offence, applying the penalty in its highest half.

3. Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in this article, he shall be liable to a fine of between two and five years.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is amended by article 101 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 344.

The acts provided for in the preceding articles shall be punishable by the lesser penalty in their respective cases when they have been committed for serious negligence.

Article 345.

1. Anyone who, contrary to laws or other general provisions, acquires, possesses, traffics, facilitates, treats, transforms, uses, stores, transports or disposes of nuclear materials or other dangerous radioactive substances which cause or are likely to cause death or serious injury to persons, or substantial damage to air quality, soil quality or water quality, or to animals or plants, shall be punished by imprisonment from one to five years, a fine from six to eighteen months, and special disqualification for profession or occupation for a period of one to three years.

2. Any person who produces such materials or substances without proper authorization shall be punished with the highest penalty in degree.

3. If the acts referred to in the preceding paragraphs have been committed by gross negligence, the penalty shall be imposed to a lesser extent than that specified therein.

It is amended by article 183 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Written in accordance with the bug correction published in BOE No. 139 of 11 June 2015.

It is amended by article 102 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Section 2.a of the ravages

Article 346.

1. Those who cause explosions or using any other means of similar destructive power, cause the destruction of airports, ports, stations, buildings, public premises, warehouses containing flammable or explosive materials, communication routes, means of collective transport, or the immersion or bellowing of ships, flooding, explosion of a mine or industrial installation, lifting of rail lanes, malicious change of signals used in the railway service for the safety of means of transport, blowing of bridges, destruction of public roads, damage to pipelines, serious disturbance of any kind or means of communication, disruption or interruption of the supply of water, electricity, hydrocarbons or other fundamental natural resources shall incur a prison sentence of 10 to 20 years, when the destruction necessarily entails a danger to the life or integrity of persons.

2. Where such danger does not occur, they shall be punished by imprisonment for a term of four to eight years.

3. If, in addition to the danger, there has been an injury to the life, physical integrity or health of the person, the acts shall be punished separately with the penalty corresponding to the offence committed.

Paragraphs 1 and 2 are amended by the sole article.184 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 127 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

The last paragraph is added by Art. 1.3 of Organic Law 7/2000 of 22 December 2000. Ref. BOE-A-2000-23659

Article 347.

Anyone who, by serious negligence, causes a crime of havoc shall be punished by imprisonment for a term of one to four years.

Section 3.a Other risk crimes caused by explosives and other agents

The heading is amended by article 1 of Organic Law 4/2005 of 10 October. Ref. BOE-A-2005-16825

Article 348.

1. Those who, in the manufacture, handling, transport, possession or marketing of explosives, flammable or corrosive substances, toxic and suffocating substances or any other material, apparatus or artifices likely to wreak havoc, contravene the established safety regulations, endangering in particular the life, physical integrity or health of persons, or the environment, shall be punished by imprisonment for a term of six months to three years, a fine of 12 to 24 months and special disqualification for employment or public office, profession or office for a term of six to twelve years. The same penalties shall be imposed on anyone who illegally produces, imports, exports, markets or uses ozone-depleting substances.

2. Those responsible for the surveillance, control and use of explosives likely to cause damage which, in contravention of the explosive regulations, have facilitated their actual loss or subtraction shall be punished by imprisonment for six months to three years, a fine of 12 to 24 months and special disqualification from public office, profession or office for six to twelve years.

3. In the cases referred to in the preceding paragraphs, where a legal person is liable for the acts in accordance with Article 31a of this Code, he shall be liable to a fine of one to three years unless, having established the damage caused, the amount of the fine is greater, in which case the fine shall be twice the amount of the amount of the damage.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

The penalties set out in the preceding paragraphs shall be imposed at the highest half of the penalty for directors, managers or managers of the company, undertaking, organisation or operation.

4. The following shall be punished by imprisonment for a term of six months to one year, a fine of six to twelve months and special disqualification from employment or public office, profession or office for a period of three to six years:

(a) Obstacle the activity of the Administration's inspector in the field of explosion safety.

(b) falsifying or concealing from the administration relevant information on compliance with mandatory safety measures relating to explosions.

(c) Disobedience of the Administration's express orders aimed at correcting serious anomalies detected in the safety of explosives.

Paragraphs 1 and 3 are amended by the sole article 103 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 2 of Organic Law 4/2005 of 10 October. Ref. BOE-A-2005-16825

Article 349.

Those who, in the handling, transportation or possession of agencies, contravene the established safety regulations or measures, endangering in particular the life, physical integrity or health of persons, or the environment, shall be punished by imprisonment for a term of six months to two years, a fine of six to twelve months, and special disqualification from public employment or office, profession or office for a term of three to six years.

Article 350.

Without prejudice to article 316, the penalties provided for in the preceding article shall be those which, in opening wells or excavations, in the construction or demolition of buildings, dams, canals or similar works or, in their preservation, conditioning or maintenance, violate the established safety standards whose non-observance may cause catastrophic results, and which endanger in particular the life, physical integrity of persons or the environment.

CHAPTER II

Fires

Section 1. Arson and other fire offences

Article 351.

Those who cause a fire which endangers the life or physical integrity of a person shall be punished by imprisonment for 10 to 20 years. A judge or court may impose the lesser penalty to the extent of the minor entity of the danger caused and the other circumstances of the act.

If such a danger does not occur to the life or physical integrity of a person, the acts shall be punished as damages provided for in article 266 of this Code.

Paragraph 2 is added by art. 1.4 of Organic Law 7/2000 of 22 December. Ref. BOE-A-2000-23659

Section 2.a Forest fires

Article 352.

Those who burn forests or forest masses shall be punished by imprisonment of one to five years and a fine of twelve to eighteen months.

If there has been a danger to the life or physical integrity of the person, the act shall be punished in accordance with article 351, with a fine of 12 to 24 months in any event.

Article 353.

1. The acts referred to in the preceding article shall be punishable by imprisonment for a term of three to six years and a fine of eighteen to twenty-four months if the fire reaches special gravity, in the light of any of the following circumstances:

1.a Affecting an area of considerable importance.

2.a. Large or severe erosive effects on soils.

3.a That significantly alters animal or plant living conditions, or affects any protected natural space.

4.a That the fire affects areas close to population centres or inhabited places.

5.a The fire is triggered at a time when the weather or terrain conditions significantly increase the risk of its spread.

6.a. In any event, when there is a serious deterioration or destruction of the affected resources.

2. The same penalty shall be imposed when the perpetrator acts to obtain an economic benefit with the effects of the fire.

It is amended by article 185 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 354.

1. Anyone who sets fire to forests or forest masses without spreading the fire thereof shall be punished by imprisonment for a term of six months to one year and a fine of six to twelve months.

2. The conduct referred to in the preceding subparagraph shall be exempt from punishment if the fire is not propagated by the voluntary and positive action of the perpetrator.

Article 355.

In all cases provided for in this section, the Judges or Courts may agree that the classification of the soil in the areas affected by a forest fire may not be changed within a period of up to 30 years. They may also agree to limit or abolish the uses that have been carried out in the areas affected by the fire, as well as the administrative intervention of the wood burned from the fire.

Section 3.a: Fires in non-forest areas

Article 356.

Anyone who fires areas of non-forested vegetation, seriously damaging the natural environment, will be punished by imprisonment from six months to two years and a fine from six to twenty-four months.

Section 4. Fires involving one’s own property

Article 357.

The incendiary of his own property shall be punished by imprisonment of one to four years if it is intended to defraud or harm others, has caused fraud or injury, there is a danger of spreading to another ' s building, wooded or planted, or has seriously harmed the conditions of wildlife, forests or natural spaces.

Section 5. Common provisions

The heading is amended by article 86 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 358.

Anyone who, by serious negligence, causes any of the arson offences punishable in the preceding sections shall be punished with the lesser penalty in degree, as provided for in each case.

Article 358 bis.

The provisions of articles 338 to 340 shall also apply to offences covered by this Chapter.

It is added by the sole article.186 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

CHAPTER III

Offences against public health

Article 359.

Anyone who, without being duly authorized, develops substances harmful to health or chemicals that may cause havoc, or dispatch or supply them, or trades with them, shall be punished by imprisonment from six months to three years and a fine from six to twelve months, and by special disqualification for profession or industry for a period of six months to two years.

Article 360.

Anyone who, being authorized to traffic in the substances or products referred to in the preceding article, dispatch them or provide them without complying with the formalities laid down in the respective laws and regulations, shall be liable to a fine of six to twelve months and to disqualification from the profession or trade from six months to two years.

Article 361.

Any person who manufactures, imports, exports, supplies, intermedies, markets, offers or stores on the market medicines, including those for human and veterinary use, as well as medicinal products under investigation, which do not have the necessary authorization required by law, or medical devices which do not have the documents of conformity required by the general provisions, or which are deteriorated, expired or in breach of technical requirements relating to their composition, stability and efficiency, and thereby create a risk to the life or health of persons, shall be punished by imprisonment for a term of six months to three years, a fine of six to twelve months and a special disqualification for profession or office from six months to three years.

It is amended by article 187 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 361 bis.

The distribution or public dissemination through the Internet, telephone or any other information technology or communication of content specifically intended to promote or facilitate, among minors or persons with disabilities in need of special protection, the consumption of products, preparations or substances or the use of techniques for the ingestion or disposal of foodstuffs the use of which is likely to create a risk to the health of persons shall be punishable by a fine of six to twelve months or imprisonment of one to three years.

The judicial authorities shall order the adoption of the necessary measures for the removal of the contents referred to in the preceding paragraph, for the interruption of services offering predominantly such contents or for the blocking of both where they are based abroad.

It is added by final provision 6.32 of Organic Law 8/2021 of 4 June. Ref. BOE-A-2021-9347

It is deleted by Article 88 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by art. 44 of Organic Law 7/2006 of 21 November. Ref. BOE-A-2006-20263

Text added, published on 22/11/2006, in force from 22/02/2007.

Article 362.

1. A prison sentence of six months to four years, a fine of six to eighteen months and special disqualification from a profession or trade for one to three years shall be imposed on anyone who manufactures or produces,

(a) a medicinal product, including those for human and veterinary use, as well as the medicinal products under investigation; or an active substance or an excipient of that medicinal product;

(b) a health product, as well as accessories, elements or materials essential to its integrity;

in such a way as to be misleading: their identity, including, where appropriate, packaging and labelling, expiry date, name or composition of any of its components, or, where appropriate, the dosage of such components; their origin, including the manufacturer, the country of manufacture, the country of origin and the holder of the marketing authorisation or documents of conformity; data relating to compliance with legal requirements or requirements, licences, documents of conformity or authorisations; or their history, including records and documents relating to the distribution channels used, provided that they are intended for public consumption or use by third persons, and pose a risk to the life or health of persons.

2. The same penalties shall be imposed on any person who alters, manufactures or manufactures it or at a later stage, the quantity, dose, expiry or genuine composition, as authorized or declared, of any of the medicinal products, substances, excipients, medical devices, accessories, elements or materials referred to in the preceding paragraph, in a manner that reduces their safety, efficacy or quality, creating a risk to the life or health of persons.

It is amended by article 189 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Written in accordance with the bug correction published in BOE No. 139 of 11 June 2015.

Article 362 bis.

It shall be punishable by imprisonment from six months to four years, a fine from six to eighteen months and a special disqualification for a profession or trade from one to three years, who, with knowledge of its forgery or alteration, imports, exports, advertises or advertises, offers, exhibits, sells, facilitates, expedites, dispatch, packaging, supplies, including intermediation, traffics, distributes or places on the market, any of the medicines, active substances, excipients, medical devices, accessories, items or materials referred to in the preceding article, and thereby creates a risk to the life or health of persons.

The same penalties shall be imposed on anyone who acquires or holds them in storage for the purpose of public consumption, use by third parties or any other use that may affect public health.

It is added by article 190 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 362 ter.

Any person who prepares any false or mendative documents relating to any of the medicinal products, active substances, excipients, medical devices, accessories, items or materials referred to in Article 362 (1), including their packaging, labelling and manner of use, for the purpose of committing or facilitating the commission of one of the offences referred to in Article 362 shall be liable to six months to two years' imprisonment, a fine of six to twelve months' imprisonment and special disqualification for a profession or occupation from six months to two years' imprisonment.

It is added by article 191 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 362 quater.

The penalties shall be higher than those laid down in articles 361, 362, 362 bis or 362 ter, where the offence is committed in one of the following circumstances:

1.a The offender shall be an authority, public official, a physician, a health professional, a teacher, an educator, a physical or sports trainer, and shall exercise his or her position, profession or office.

2.a That medicinal products, active substances, excipients, medical devices, accessories, elements or materials referred to in Article 362:

(a) offered through large-scale media; or

(b) were offered or provided to minors, persons with disabilities in need of special protection, or persons particularly vulnerable in relation to the product provided.

3.a The offender belonged to a criminal organization or group whose purpose was to commit such offences.

4.a That the facts were carried out in establishments open to the public by the persons responsible for them or employees thereof.

It is added by article 192 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 362 quinquies.

1. Those who, without therapeutic justification, prescribe, provide, dispense, provide, administer, offer or facilitate non-competitive Länder sportsmen, non-Länder sportsmen or sportsmen who take part in competitions organised in Spain by prohibited sports entities, substances or pharmacological groups, as well as non-regulatory methods, designed to increase their physical abilities or to modify the results of competitions, which, because of their content, repetition of intake or other concurring circumstances, endanger the life or health of such entities, shall be punished by imprisonment from six months to two years, a fine from six to eighteen months and special disqualification for employment or public office, profession or office, from two to five years.

2. The penalties provided for in the preceding paragraph shall be imposed at the highest half of the penalty if the offence is committed in one of the following circumstances:

1.a The victim is a minor.

2. Misleading or intimidation has been used.

3.a The person responsible has been prevented from a relationship of occupational or professional superiority.

It is added by the sole article.193 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 362 sexies.

In the offences provided for in the preceding articles of this Chapter, the substances and products referred to in articles 359 et seq., as well as the property, means, instruments and proceeds shall be confiscated subject to the provisions of articles 127 to 128.

It is added by the sole article.194 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 363.

The following shall be punished by imprisonment for a term of one to four years, a fine of six to twelve months and special disqualification for profession, trade, industry or commerce for a period of three to six years:

1. Offering on the market food products with omission or alteration of the requirements set out in the laws or regulations on expiration or composition.

2. Making or selling beverages or groceries intended for public consumption and harmful to health.

3. Trafficking in corrupted genres.

4. Making products whose use is not authorized and is harmful to health, or trading with them.

5. Hiding or subtracting effects intended to be rendered useless or disinfected, to trade with them.

Article 364.

1. Anyone who commits adultery with additives or other unauthorized agents likely to cause harm to the health of persons in food, substances or beverages intended for the food trade shall be punished by the penalties set out in the preceding article. If the offender is the owner or the producer of a food factory, he shall also be liable to a penalty of special disqualification for a profession, trade, industry or trade for six to ten years.

2. The same penalty shall be imposed on any person who engages in any of the following:

1. To administer to animals whose meat or products are intended for human consumption substances which are not permitted to pose a risk to human health, or in doses higher than or for purposes other than those authorized.

2. To sacrifice animals for slaughter or to use their products for human consumption, knowing that the substances mentioned in the above number have been administered to them.

3.o Sacrifice animals for which therapeutic treatments have been applied by substances referred to in paragraph 1.o.

4. To dispatch to public consumption meats or products of slaughter animals without respecting the waiting periods, if any, provided for by regulation.

Article 365.

Anyone who poisons or adulterates with infectious substances or other substances which may be seriously harmful to health, drinking water or food substances intended for public use or consumption by a community of persons shall be punished by imprisonment for a term of between two and six years.

Article 366.

Where a legal person is responsible for the offences referred to in the preceding articles of this Chapter pursuant to article 31 bis, he shall be liable to a fine of one to three years or twice the value of the substances and products referred to in articles 359 et seq., or to the benefit obtained or obtained, the highest quantity shall apply.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is amended by article 195 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 367.

If the facts provided for in all the preceding articles are carried out by gross negligence, the lesser penalties shall be imposed in degree.

Article 368.

Those who carry out or otherwise promote, encourage or facilitate the illegal use of toxic drugs, narcotic drugs or psychotropic substances, or possess them for that purpose, shall be punished by imprisonment for a term of three to six years and a fine of between three and three years and a fine of between two and three years in other cases.

Notwithstanding the provisions of the preceding paragraph, the courts may impose the penalty lower than those referred to in the light of the minor nature of the act and the personal circumstances of the offender. This power may not be exercised if any of the circumstances referred to in Articles 369a and 370 are present.

It is amended by article 104 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 369.

1. The penalties shall be higher than those specified in the preceding article and shall be fined to the quadruple if one of the following circumstances occurs:

1. The guilty person shall be an authority, public official, a physician, a social worker, a teacher or an educator and shall exercise his or her office, profession or office.

2.a The guilty party shall participate in other organized activities or the execution of which is facilitated by the commission of the offence.

3.a The facts are carried out in establishments open to the public by the persons responsible or employees of them.

4.a The substances referred to in the preceding article are made available to persons under 18 years of age, to mentally handicapped persons or to persons undergoing treatment for dispossession or rehabilitation.

5.a The quantity of the substances referred to in the preceding article is notoriously important.

6.a The substances referred to are adulterated, manipulated or mixed with each other or with others, increasing possible damage to health.

7.a The conduct described in the preceding article takes place in educational establishments, military centres, establishments or units, in prisons or in centres for disqualification or rehabilitation, or in their vicinity.

8.a The guilty party shall use violence or display or use weapons to commit the act.

The second and tenth subparagraphs of paragraph 1 shall be deleted and renumbered 3rd to 9th as 2nd to 8th and paragraph 2 shall be deleted by the sole article 105 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 128 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 369 bis.

Where the acts described in article 368 have been committed by persons belonging to a criminal organization, the penalty shall be imprisonment from nine to twelve years and a fine shall be imposed on the quadruple of the value of the drug in the case of substances and products causing serious damage to health and imprisonment from four years and six months to ten years and the same fine in the other cases.

The heads, managers or managers of the organization shall be liable to the penalties higher than those referred to in the first subparagraph.

Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in the two preceding articles, the following penalties shall be imposed:

(a) Fine of two to five years, or three times the value of the drug when the amount involved is higher, if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) Fine of one to three years, or double the fourfold value of the drug when the resulting amount is higher, if the offence committed by the natural person is punishable by imprisonment of more than two years not covered by the preceding subparagraph.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is added by article 106 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 370.

The penalty shall be imposed by one or two degrees higher than that specified in article 368 if:

1. Under 18 years of age or mentally handicapped persons are used to commit these offences.

2.a. The heads, administrators or heads of organisations referred to in Article 369 (1) (a)

3. The conduct described in article 368 was extremely serious.

The cases in which the quantity of substances referred to in Article 368 significantly exceeds that of notorious importance, or where vessels, vessels or aircraft have been used as a specific means of transport, or where the conduct referred to has been carried out by simulating international trade between undertakings, or where international networks engaged in such activities, or where three or more of the circumstances provided for in Article 3691 are present, are considered to be extremely serious.

In the cases of the preceding numbers 2nd and 3rd, the guilty parties shall also be fined the triplet of the value of the drug that is the object of the offence.

Point 2 and the second paragraph of paragraph 3 are amended by article 107 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 129 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 371.

1. Anyone who manufactures, transports, distributes, trades or possesses equipment, materials or substances listed in Table I and Table II of the United Nations Convention, done at Vienna on 20 December 1988, on illicit trafficking in narcotic drugs and psychotropic substances, and any other products added to or included in future Conventions of the same nature, ratified by Spain, knowing that they are to be used in the illicit cultivation, production or manufacture of toxic drugs, narcotic drugs or psychotropic substances, or for these purposes, shall be punished by imprisonment for a term of three to six years and a fine of either the value of the genera or effects.

2. The penalty referred to in the upper half of the sentence shall be imposed if the persons who carry out the acts described in the preceding paragraph belong to an organization dedicated to the purposes set out therein, and the penalty one degree higher in degree in the case of the heads, administrators or persons responsible for the aforementioned organizations or associations.

In such cases, judges or courts shall impose, in addition to the appropriate penalties, the special disqualification of the accused from exercising his profession or industry for a period of three to six years, and the other measures provided for in Article 3692.

Paragraph 2 is amended by article 130 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 372.

If the acts provided for in this chapter are carried out by an employer, intermediary in the financial sector, a public official, a social worker, a teacher or an educator, in the exercise of his or her position, profession or office, he or she shall be liable, in addition to the corresponding penalty, to the penalty of special disqualification for employment or public office, profession or occupation, industry or commerce, from three to ten years. The penalty of absolute disqualification shall be imposed from 10 to 20 years when the acts referred to are carried out by the authority or agent of the same, in the exercise of his office.

To this end, doctors, psychologists, persons holding a health certificate, veterinarians, pharmacists and their dependants are considered to be optional.

Article 373.

The provocation, conspiracy and proposal to commit the offences provided for in articles 368 to 372, shall be punished by a penalty of one to two degrees less than that which corresponds, respectively, to the acts provided for in the preceding provisions.

Article 374.

In the offences referred to in the second subparagraph of Article 301(1) and Articles 368 to 372, in addition to the penalties to be imposed for the offence committed, toxic drugs, narcotic drugs or psychotropic substances, equipment, materials and substances referred to in Article 371, as well as property, means, instruments and proceeds shall be confiscated subject to the provisions of Articles 127 to 128 and the following special rules:

1. Upon the conclusion of the judgement, the samples removed shall be destroyed or the entire seized destroyed if the competent judicial body has ordered their retention.

2.a Property, means, instruments and proceeds definitively confiscated by judgement, which may not be applied to the satisfaction of civil liability arising from the offence or from the costs of the proceedings, shall be awarded in full to the State.

It is amended by article 196 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 131 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 375.

The sentences of foreign judges or courts for offences of the same nature as those provided for in articles 361 to 372 of this Chapter shall have the effect of recidivism, unless the criminal record has been or may be cancelled under Spanish law.

It is amended by article 197 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 376.

In the cases provided for in articles 361 to 372, judges or courts may, on the basis of the judgement, impose the penalty by one or two degrees lower than that prescribed by law for the offence in question, provided that the person has voluntarily abandoned his or her criminal activities and has actively collaborated with the authorities or their agents either to prevent the production of the crime, or to obtain evidence decisive for the identification or capture of other persons responsible or to prevent the conduct or development of the organizations or associations to which he or she has belonged or collaborated.

Similarly, in the cases provided for in articles 368 to 372, judges or courts may impose a penalty of one or two degrees less than that imposed by a convicted person who, being drug-dependent at the time of the commission of the acts, sufficiently demonstrates that a treatment of disqualification has been successfully completed, provided that the quantity of toxic drugs, narcotic drugs or psychotropic substances is not of notorious importance or of extreme gravity.

It is amended by article 198 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 132 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 377.

For the determination of the amount of fines imposed pursuant to articles 368 to 372, the value of the drug subject to the offence or of the genders or effects involved shall be the final price of the proceeds or, where appropriate, the reward or gain obtained by the offender, or which he could have obtained.

Article 378.

Payments made by the person convicted of one or more of the offences referred to in articles 361 to 372 shall be charged in the following order:

1. To reparation for damage caused and compensation for damage.

2. To the compensation of the State for the amount of expenses incurred on its own account in the case.

3rd to the fine.

4. At the expense of the private or private accuser when his payment is imposed in the judgment.

5. o Other procedural costs, including those of the defence of the accused, without preference among the interested parties.

It is amended by article 199 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER IV

Offences against Road Safety

The heading is amended by article 2 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Article 379.

1. Any person who conducts a motor vehicle or a moped at a speed greater than 60 kilometres per hour on an urban road or 80 kilometres per hour on an inter-urban route than is permitted by regulation shall be liable to imprisonment for a term of three to six months or to a fine of six to twelve months or to work for the benefit of the community for a period of thirty-one to ninety days, and in any case to deprivation of the right to drive motor vehicles and mopeds for a period exceeding one and up to four years.

2. The same penalties shall be imposed on anyone driving a motor vehicle or moped under the influence of toxic drugs, narcotic drugs, psychotropic substances or alcoholic beverages. In any event, those penalties shall be imposed on any person who conducts with a rate of alcohol in air of more than 0,60 milligrams per litre or with a rate of alcohol in blood of more than 1,2 grams per litre.

It is amended by article 108 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 3 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

It is amended by article 33 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 380.

1. Any person who conducts a motor vehicle or a moped with manifest recklessness and endangers the life or integrity of persons shall be punished by imprisonment for a term of six months to two years and deprivation of the right to drive motor vehicles and mopeds for a period exceeding one and up to six years.

2. For the purposes of this provision, driving in which the circumstances referred to in the first paragraph and the second paragraph of the second paragraph of the preceding Article are present shall be clearly regarded as reckless.

It is amended by article 4 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Article 381.

1. He shall be punished by imprisonment of two to five years, a fine of twelve to twenty-four months and deprivation of the right to drive motor vehicles and mopeds for a period of six to ten years if he, with manifest contempt for the lives of others, carries out the conduct described in the preceding article.

2. Where the life or integrity of a person has not been specifically endangered, the penalties shall be imprisonment for a term of one to two years, a fine of six to twelve months and deprivation of the right to drive motor vehicles and mopeds for the time provided for in the preceding paragraph.

Paragraph 3 is deleted by Article 109 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 5 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Paragraph 2 is added by the sole article 134 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 382.

Where, in addition to the risk prevented, the acts punishable by articles 379, 380 and 381 result in a harmful result constituting an offence, whatever its gravity, the Judges or Courts shall assess only the most serious offence, applying the penalty in its highest half and, in any event, condemning the civil liability that may have arisen.

Where the harmful result is a crime under article 381, the penalty of deprivation of the right to drive motor vehicles and mopeds provided for in this provision in its upper half shall be imposed in all cases.

It is amended by article 5 of Organic Law 2/2019 of 1 March. Ref. BOE-A-2019-2973

It is amended by article 6 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Paragraph 1 is amended by article 135 of Organic Law No. 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 382 bis.

1. A driver of a motor vehicle or a moped who, outside the cases referred to in Article 195, voluntarily and without the risk of his own or of third parties, leaves the place of the events after causing an accident in which one or more persons die or in which one of the injuries referred to in Articles 147.1, 149 and 150 are caused, shall be punished as a perpetrator of an offence of abandonment of the place of the accident.

2. The acts referred to in this article arising from a reckless action by the driver shall be punishable by imprisonment for a term of six months to four years and deprivation of the right to drive motor vehicles and mopeds for a period of one to four years.

3. If the origin of the events leading to abandonment is accidental, he shall be liable to imprisonment for a term of three to six months and to deprivation of the right to drive motor vehicles and mopeds for a period of six months to two years.

Paragraph 1 is amended by the sole article 3 of Organic Law 11/2022 of 13 September. Ref. BOE-A-2022-14965

It is added by article 6 of Organic Law 2/2019 of 1 March. Ref. BOE-A-2019-2973

Text added, published on 02/03/2019, in force from 03/03/2019.

Article 383.

A driver who, required by an official of the authority, refuses to undergo the tests established by law for the verification of the rates of alcoholaemia and the presence of toxic drugs, narcotic drugs and psychotropic substances referred to in the preceding articles, shall be punished by imprisonment for a term of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a period exceeding one and up to four years.

It is amended by article 7 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Article 384.

Any person who conducts a motor vehicle or moped in cases of loss of validity of the permit or licence for the total loss of the legally assigned points shall be liable to imprisonment for a term of three to six months or to a fine of 12 to 24 months or to work for the benefit of the community for a period of thirty-one to ninety days.

The same penalty shall be imposed on a driver who has been deprived of the licence or licence by a court decision or who has never obtained a driving licence or a driving licence without having been granted a driving licence or moped.

It is amended by article 110 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 8 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

The amendment to paragraph 2 entered into force on 1 May 2008, as provided for in final provision 3.

Article 385.

He shall be punished by imprisonment from six months to two years or by a fine from twelve to twenty-four months and by work for the benefit of the community from ten to forty days, which shall give rise to a serious risk to movement in any of the following ways:

1.a Placing unforeseeable obstacles in the way, spilling sliding or flammable substances or mutating, subtracting or nullifying signaling or by any other means.

2.a Not restoring track safety, where there is an obligation to do so.

It is amended by article 9 of Organic Law 15/2007 of 30 November. Ref. BOE-A-2007-20636

Article 385 bis.

A motor vehicle or moped used in the acts provided for in this Chapter shall be considered an instrument of the offence for the purposes of articles 127 and 128.

It is added by article 111 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 385 ter.

In the offences provided for in articles 379, 383, 384 and 385, the judge or court may, on the basis of a judgement, reduce the penalty of imprisonment to a degree in the light of the minor entity of the risk caused and the other circumstances of the act.

It is added by the sole article.112 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

TITLE XVIII

Of falsehoods

CHAPTER I

Counterfeiting of currency and stamped effects

Article 386.

1. He shall be punished by imprisonment from eight to twelve years and by a fine of between the apparent value of the coin:

1.o The one who alters the coin or manufactures false currency.

2. Any person who exports counterfeit or altered currency or the amount to Spain or any other Member State of the European Union.

3. The one who transports, issues or distributes counterfeit or altered currency with knowledge of its falsehood.

2. If the counterfeit currency is put into circulation, the penalty shall be imposed in the upper half.

The possession, receipt or obtaining of counterfeit currency for dispatch or distribution or circulation shall be punishable by a penalty of one or two degrees less, taking into account the value of that penalty and the degree of collusion with the counterfeiter, alterer, introducer or exporter.

3. Any person who has received false money in good faith or distributes it after his or her falsehood has been established shall be liable to imprisonment for a term of three to six months or a fine of six to twenty-four months. However, if the apparent value of the currency does not exceed 400 euros, a fine of one to three months shall be imposed.

4. If the offender belongs to a society, organization or association, including a temporary one, which engages in these activities, the judge or court may impose any or all of the consequences provided for in article 129 of this Code.

5. Where, in accordance with article 31 bis, a legal person is responsible for the above offences, he shall be liable to a fine of three times the apparent value of the currency. Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

Paragraphs 1 and 5 are amended by the sole article.12 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 200 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 136 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 387.

For the purposes of the preceding article, currency is defined as money and paper as legal tender and that which has not yet been officially issued or put into circulation but which is intended for circulation as legal tender. They will be equal to the national currency of other countries of the European Union and foreign countries.

It shall also be considered false currency to be the currency which, despite being carried out in the premises and with legal materials, is carried out knowingly in breach of the conditions of issue laid down by the competent authority or when there is no issuing order.

The first paragraph is amended by article 13 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 201 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 131 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 137 of Organic Law No. 15/2003 of 25 November is amended. Ref. BOE-A-2003-21538

Article 388.

The conviction of a foreign court, imposed for an offence of the same nature as those covered by this chapter, shall be equated with the sentences of the Spanish judges or courts for the purposes of recidivism, unless the criminal record has been or could be cancelled under Spanish law.

Article 389.

Anyone who counterfeits or sells, in collusion with the counterfeiter, postage stamps or stamped effects, or introduces them into Spain knowing their falsehood, shall be punished by imprisonment for six months to three years.

A bona fide acquirer of postage stamps or stamped effects who, knowing his or her falsehood, distributes or uses them shall be liable to imprisonment for a term of three to six months or to a fine of six to twenty-four months. However, if the apparent value of stamps or stamped effects does not exceed 400 euros, a fine of one to three months shall be imposed.

The second paragraph is amended by article 202 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 138 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER II

Documentary falsehoods

Section 1.a On counterfeiting of public, official and commercial documents and dispatches transmitted by telecommunications services

Article 390.

1. The following shall be punished by imprisonment for a term of three to six years, a fine of six to twenty-four months and special disqualification for a period of two to six years:

1. or altering a document in any of its essential elements or requirements.

2nd Simulating a document in whole or in part, in a way that misleads about its authenticity.

3. Assuming in an act the intervention of persons who have not had it, or attributing to those who have intervened in it statements or manifestations different from those which they have made.

4th Missing the truth in the narrative of the facts.

2. The same penalties shall be imposed on those referred to in the preceding paragraph: the person responsible for any religious denomination which engages in any of the acts described in the preceding issues, in respect of acts and documents which may have an effect on the state of the person or on the civil order.

Article 391.

A public authority or official who, by reason of gross negligence, is guilty of any of the falsehoods provided for in the preceding article or who causes another to commit them, shall be liable to a fine of six to twelve months and to suspension of employment or public office for a period of six months to one year.

Article 392.

1. Any person who commits any of the falsehoods described in the first three issues of Article 390 (1) in a public, official or commercial document shall be liable to imprisonment for a term of six months to three years and to a fine of six to twelve months.

2. The same penalties shall be imposed on anyone who, without having intervened in counterfeiting, traffics in any way with a false identity card. The penalty shall be imprisonment from six months to one year and a fine from three to six months to the person knowingly using a false identity card.

This provision applies even if the false identity document appears as belonging to another State of the European Union or to a third State or has been falsified or acquired in another State of the European Union or in a third State if it is used or trafficked with it in Spain.

It is amended by article 141 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 393.

Any person who, knowing of his or her falsehood, presents at trial or, in order to harm another, makes use of a false document of those covered by the preceding articles, shall be punished with the penalty lower than that prescribed to counterfeiters.

Article 394.

1. A public authority or official in charge of telecommunications services who supposes or counterfeits a telegraphic office or other office of such services shall be liable to imprisonment for a term of six months to three years and to special disqualification for a period of two to six years.

2. Any person who, knowing of his or her falsehood, makes use of the false dispatch to harm another person, shall be punished with the lesser penalty than that prescribed to counterfeiters.

Section 2.a On counterfeiting of private documents

Article 395.

Anyone who, in order to harm another, commits in private documents any of the falsehoods provided for in the first three issues of article 390 (1) shall be liable to imprisonment for a term of six months to two years.

Article 396.

Any person who, knowing that he is false, presents himself at trial or, in order to harm another person, makes use of a false document of those covered by the preceding article, shall incur the penalty lower than that prescribed to counterfeiters.

Section 3.a On the forgery of certificates

Article 397.

A doctor who makes a false certificate shall be liable to a fine of between three and twelve months.

Article 398.

A public authority or official who issues false certification with little significance in legal traffic shall be liable to a penalty of six months ' to two years ' suspension.

This provision shall not apply to certificates relating to social security and public finances.

It is amended by article 11 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

Article 399.

1. A person who forges a certificate of the kind described in the preceding articles shall be liable to a fine of between three and six months.

2. The same penalty shall be imposed on anyone who knowingly uses the certification and on anyone who, without having intervened in its forgery, traffics in it in any way.

3. This provision applies even if the certificate appears as belonging to another State of the European Union or to a third State or has been falsified or acquired in another State of the European Union or in a third State if it is used in Spain.

It is amended by article 115 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Section 4.a Counterfeiting credit and debit cards, travel cheques and other non-cash payment instruments.

It is amended by art. 1.10 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is added by the sole article 116 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 399 bis.

1. Anyone who alters, copies, reproduces or otherwise distorts credit or debit cards, travel cheques or any other payment instrument other than cash shall be punished by imprisonment for a term of four to eight years.

The penalty shall be imposed in the upper half if the counterfeit effects affect a generality of persons or when the acts are committed within the framework of a criminal organization engaged in these activities.

Where, in accordance with article 31 bis, a legal person is responsible for the above offences, he shall be liable to a fine of between two and five years. Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

2. The holding of credit or debit cards, travel cheques or any other payment instruments other than counterfeit cash intended for distribution or trafficking shall be punishable by the penalty indicated for counterfeiting.

3. Anyone who, without having intervened in the forgery, uses, to the detriment of another and knowingly of falsehood, credit or debit cards, travel cheques or any other payment instruments other than counterfeit cash, shall be punished by imprisonment for a term of two to five years.

4. Any person who, for fraudulent use and knowing of his or her falsehood, possesses or obtains, for himself or for a third party, credit or debit cards, travel cheques or any other payment instrument other than cash shall be liable to imprisonment for a term of one to two years.

It is amended by art. 1.11 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is added by the sole article.117 of Organic Law 5/2010, of 22 June. Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

Article 399 ter.

For the purposes of this Code, payment instrument other than cash means any device, object or protected register, material or intangible, or a combination thereof, except for the legal tender, which, either alone or in combination with a procedure or set of procedures, allows the holder or user to transfer money or monetary value even through digital means of exchange.

It is added by art. 1.12 Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

Added text, published on 23/12/2022, in force from 12/01/2023.

CHAPTER III

General provisions

The heading is amended by article 118 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 400.

The manufacture, receipt, procurement, possession, distribution, making available or marketing of tools, materials, instruments, substances, data and software, apparatus, security elements or any other means specifically designed or adapted for the commission of the offences described in the preceding chapters shall be punished by the penalty specified in each case for the perpetrators.

It is amended by art. 1.13 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by the sole article.203 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 400 bis.

In the cases described in Articles 392, 393, 394, 396 and 399 of this Code, the use of false documents, dispatch, certification or identity document shall also be understood to mean the use of the corresponding authentic documents, dispatches, certifications or identity documents made by those who are not entitled to do so.

It is added by the sole article.118 of Organic Law 5/2010, of 22 June.Ref.Ref. BOE-A-2010-9953

Text added, published on 23/06/2010, in force from 23/12/2010.

CHAPTER IV

The usurpation of civil status

Article 401.

Any person who usurps the marital status of another person shall be punished by imprisonment from six months to three years.

CHAPTER V

The usurpation of public functions and intrusiveness

Article 402.

Any person who unlawfully exercises acts proper to an official authority or public official and is assigned an official character shall be punished by imprisonment for a term of one to three years.

Article 402 bis.

Any person who is not authorized to wear publicly and improperly uniforms, attire or insignia attributed to him or her official character shall be liable to a fine of one to three months.

It is added by article 204 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

Article 403.

1. Anyone who exercises acts specific to a profession without having the corresponding academic degree issued or recognized in Spain in accordance with the legislation in force shall be liable to a fine of 12 to 24 months. If the professional activity carried out requires an official qualification that demonstrates the necessary training and legally enables it to be carried out, and is not in possession of that certificate, the penalty shall be a fine of six to twelve months.

2. A term of imprisonment of six months to two years shall be imposed in the event of any of the following:

(a) If the guilty party is also publicly attributed the professional status protected by the title referred to.

(b) If the offender performs the acts referred to in the preceding subparagraph in a place or establishment open to the public in which the provision of services specific to that profession is announced.

It is amended by article 205 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

TITLE XIX

Offences against public administration

CHAPTER I

Public officials and other unfair behaviour

Article 404.

A public authority or official who, knowing of his injustice, makes an arbitrary decision in an administrative matter shall be punished with the penalty of special disqualification for public employment or office and the exercise of the right to vote for a period of nine to fifteen years.

It is amended by article 206 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 405.

Any public authority or official who, in the exercise of his or her competence and knowing of his or her illegality, proposes, appoints or gives possession for the exercise of a certain public office any person without meeting the legally established requirements for such exercise, shall be punished with a fine of three to eight months and with suspension of employment or public office for a period of one to three years.

It is amended by article 207 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 406.

The same penalty shall be imposed on a person who accepts the proposal, appointment or inauguration mentioned in the preceding article, knowing that he or she does not have the legally enforceable requirements.

CHAPTER II

Abandonment of destiny and failure to prosecute crimes

Article 407.

1. A public authority or official who abandons his or her assignment for the purpose of not preventing or failing to prosecute any of the offences covered by Titles XXI, XXII, XXIII and XXIV shall be punished by imprisonment for one to four years and by absolute disqualification from employment or public office for a period of six to ten years. If he has abandoned to avoid or not to prosecute any other offence, he shall be liable to special disqualification from public employment or office for a period of one to three years.

2. The same penalties shall be imposed, respectively, when the abandonment is aimed at not executing the penalties corresponding to these offences imposed by the competent judicial authority.

Article 408.

Any authority or official who, in breach of his duty, intentionally ceases to promote the prosecution of offences of which he is informed or of those responsible, shall be liable to special disqualification from employment or public office for a period of six months to two years.

Article 409.

Public authorities or public officials who promote, direct or organize the collective and manifestly illegal abandonment of a public service shall be punished by a fine of eight to twelve months and a suspension of employment or public office for a period of six months to two years.

Public authorities or officials who merely take part in the collective or manifestly illegal abandonment of an essential public service and with serious prejudice to it or the community shall be punished by a fine of eight to twelve months.

CHAPTER III

From disobedience and denial of help

Article 410.

1. Public authorities or officials who openly refuse to comply with judicial decisions, decisions or orders of the higher authority, issued within the scope of their respective competence and covered by legal formalities, shall be liable to a fine of three to twelve months and to a special disqualification from employment or public office for a period of six months to two years.

2. Notwithstanding the provisions of the preceding paragraph, the authorities or officials shall not be criminally liable for failure to fulfil a mandate which constitutes a manifest, clear and strict infringement of a provision of law or of any other general provision.

Article 411.

A public authority or public official who, having suspended, for any reason other than that referred to in the second paragraph of the preceding Article, the execution of the orders of its superiors, disobeys them after they have disapproved of the suspension, shall be liable to a fine of 12 to 24 months and to a special disqualification from employment or public office for a period of one to three years.

Article 412.

1. A public official who is required by a competent authority not to render the necessary assistance to the Administration of Justice or other public service shall be liable to a fine of three to twelve months and to suspension of employment or public office for a period of six months to two years.

2. If the requested person is an authority, head or head of a security forces or an official of the authority, the penalty shall be a fine of 12 to 18 months and a suspension of employment or public office for a period of two to three years.

3. A public authority or official who, required by a private person to provide any assistance to be compelled by reason of his position to prevent an offence against the life of a person, refrains from doing so, shall be liable to a fine of 18 to 24 months and to special disqualification from employment or public office for a period of three to six years.

In the event of an offence against the integrity, sexual liberty, health or liberty of the person, the penalty shall be a fine of 12 to 18 months and a suspension of employment or public office of one to three years.

In the event that such a request is made in order to avoid any other offence or other evil, it shall be punishable by a fine of three to twelve months and a suspension of employment or public office for a period of six months to two years.

CHAPTER IV

Infidelity in the custody of documents and the violation of secrets

Article 413.

Any public authority or official who knowingly steals, destroys, disables or conceals, in whole or in part, documents entrusted to him on account of his position shall be liable to imprisonment for a term of one to four years, a fine of seven to twenty-four months, and special disqualification from employment or public office for a term of three to six years.

Article 414.

1. A public authority or official who, by reason of his position, is entrusted with the custody of documents for which access has been restricted by the competent authority and knowingly destroys or renders useless the means put in place to prevent such access or consents to their destruction or disuse, shall be liable to imprisonment for a term of six months to one year or a fine of six to twenty-four months and, in any case, to special disqualification from employment or public office for a term of one to three years.

2. Any person who destroys or disables the means referred to in the preceding paragraph shall be liable to a fine of six to eighteen months.

Article 415.

A public authority or official not covered by the preceding article who knowingly and without proper authorization accesses or permits access to secret documents entrusted to him on account of his position shall be liable to a fine of six to twelve months and to a special disqualification from employment or public office for a period of one to three years.

Article 416.

The penalties of imprisonment or fine shall be immediately lower than those laid down in the previous three articles, respectively, for individuals who accidentally carry out the processing or custody of documents, by commission of the Government or the authorities or public officials entrusted to them by reason of their position, and who engage in the conduct described therein.

Article 417.

1. A public authority or official who discloses secrets or information known to him on account of his office or office and not to be disclosed shall be liable to a fine of 12 to 18 months and to a special disqualification from employment or public office for a period of one to three years.

If the disclosure referred to in the preceding paragraph results in serious harm to the public cause or to a third party, the penalty shall be imprisonment for one to three years, and special disqualification from employment or public office for a period of three to five years.

2. If the secrets of an individual are involved, the penalties shall be imprisonment from two to four years, a fine from twelve to eighteen months, and suspension of employment or public office for a period of one to three years.

Article 418.

A private individual who takes advantage of the secret or inside information obtained from a public official or authority for himself or a third party shall be liable to a fine in respect of the benefit obtained or provided and to the loss of the possibility of obtaining subsidies or public aid and the right to benefit from tax or social security benefits or incentives for a period of one to three years. If serious damage to the public cause or to a third party results, the penalty shall be imprisonment for one to six years and the loss of the possibility of obtaining public subsidies or aids and of the right to benefit from tax benefits or incentives or from social security for the period of six to ten years.

It is amended by article 208 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER V

From the bribery

Article 419.

A public authority or official who, for his own benefit or for the benefit of a third party, receives or solicits, either by himself or by an interposed person, a gift, favour or reward of any kind or accepts an offer or promise to perform in the exercise of his office an act contrary to the duties inherent in that office or not to perform or unreasonably delay the one he should perform, shall be liable to imprisonment from three to six years, a fine from twelve to twenty-four months, and special disqualification from employment or public office and the exercise of the right to stand for nine to twelve years, without prejudice to the penalty corresponding to the act carried out, omitted or delayed on account of the remuneration or promise, if it constitutes an offence.

It is amended by article 209 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 119 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 420.

A public authority or public official who, for his own benefit or for the benefit of a third party, receives or requests, either by himself or by an interposed person, gives, favour or remuneration of any kind or accepts an offer or promise to perform an act proper to his position, shall be liable to imprisonment for a term of two to four years, a fine of 12 to 24 months and a special disqualification for public employment or office and for the exercise of the right to vote for a period of five to nine years.

It is amended by article 210 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 120 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 421.

The penalties referred to in the preceding articles shall also be imposed when the gift, favour or remuneration is received or requested by the public authority or official, in their respective cases, as a reward for the conduct described in those articles.

It is amended by article 121 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 422.

A public authority or official who, for his own benefit or for the benefit of a third party, admits, either by himself or by an interposed person, gift or gift offered to him in consideration of his position or function, shall be liable to imprisonment from six months to one year and to suspension of employment and public office from one to three years.

It is amended by article 122 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 423.

The provisions of the preceding articles shall also apply to jurors and arbitrators, national or international, as well as to mediators, experts, judicially appointed administrators or interveners, court administrators or any person participating in the exercise of public service.

It is amended by article 14 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 211 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 123 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 424.

1. Any person who offers or surrenders gifts or remuneration of any other kind to an authority, public official or person participating in the exercise of public service to perform an act contrary to the duties inherent in his office or an act proper to his office, so that he does not perform or delay the one he should perform, or in consideration of his position or function, shall be punished in their respective cases with the same penalties of imprisonment and fine as the authority, official or corrupt person.

2. Where a private person surrenders the gift or remuneration at the request of the authority, public official or person participating in the exercise of the public service, he shall be liable to the same penalties of imprisonment and fine as they do.

3. If the action obtained or intended by the authority or official relates to a procurement procedure, grants or auctions convened by public authorities or bodies, the individual shall be liable, and, where appropriate, to the company, association or organisation which is liable to the penalty of disqualification from obtaining subsidies and public aid, to contract with entities, bodies or entities forming part of the public sector and to enjoy tax benefits or incentives and social security for a period of five to ten years.

It is amended by article 212 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 124 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 425.

If the bribe is in criminal proceedings in favour of the offender by his spouse or other person to whom he is linked in a stable manner by similar relationship of affection, or by any ascendant, descendant or brother by nature, by adoption or related to the same degrees, the briber shall be sentenced to imprisonment for six months to one year.

It is amended by article 125 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 426.

The offence of bribery shall be exempt from punishment if the individual, having occasionally agreed to the request for a gift or other remuneration made by public authority or official, complains to the authority which has the duty to investigate the offence before the commencement of the proceedings, provided that no more than two months have elapsed since the date of the act.

It is amended by article 126 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 427.

The provisions of the preceding articles shall also apply where the conduct described is carried out by or affecting:

(a) Any person holding a legislative, administrative or judicial position or employment of a country of the European Union or of any other foreign country, by appointment or election.

(b) Any person exercising a public function for a country of the European Union or any other foreign country, including a public body or a public undertaking, for the European Union or for another public international organization.

(c) Any official or agent of the European Union or of a public international organization.

(d) any person who has been assigned to and is exercising a public service function consisting of the management, in Member States or in third countries, of the financial interests of the European Union or of making decisions on those interests.

It is amended by article 15 of Organic Law 1/2019 of 20 February. Ref. BOE-A-2019-2363

It is amended by article 213 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 127 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 427 bis.

Where, in accordance with article 31 bis, a legal person is responsible for the offences referred to in this Chapter, the following penalties shall be imposed:

(a) Fine of between two and five years or three times the amount of benefit obtained when the resulting amount is higher, if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) Fine of one to three years, or double the fourfold benefit obtained when the resulting amount is higher, if the offence committed by the natural person is punishable by more than two years ' deprivation of liberty not covered by the preceding subparagraph.

(c) Fine from six months to two years, or twice as much as three times the profit obtained if the resulting amount is higher, in the rest of the cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is added by article 214 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Text added, published on 31/03/2015, in force from 01/07/2015.

CHAPTER VI

From the trading of influence

Article 428.

A public official or authority who has influence on another public official or authority by taking advantage of the exercise of the powers of his or her office or any other situation arising from his or her personal or hierarchical relationship with him or another official or authority to obtain a decision which may directly or indirectly give him or her financial benefit to himself or to a third party shall be liable to imprisonment for a term of six months to two years, a fine of up to twice the benefit pursued or obtained, and special disqualification for employment or public office and for the exercise of the right to vote on a passive basis for a term of five to nine years. If he obtains the benefit sought, these penalties shall be imposed in the upper half.

It is amended by article 215 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by art. 128 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 429.

A private individual who has an influence on a public official or authority by taking advantage of any situation arising from his personal relationship with him or another public official or authority to obtain a decision that may directly or indirectly give him or her an economic benefit for himself or a third party shall be punished by imprisonment for a term of six months to two years, a fine of up to twice the benefit pursued or obtained, and a prohibition on hiring with the public sector, as well as the loss of the possibility of obtaining subsidies or public aid and the right to benefit or tax incentives and social security for a period of six to ten years. If he obtains the benefit sought, these penalties shall be imposed in the upper half.

It is amended by article 216 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 129 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 430.

Those who, by offering to carry out the conduct described in the two preceding articles, request from third parties gifts, present or any other remuneration, or accept an offer or promise, shall be punished by imprisonment from six months to one year. If the offence is committed by public authority or official, he shall also be liable to special disqualification from public office or employment and to the exercise of the right to vote for a period of one to four years.

Where, in accordance with article 31 bis, a legal person is responsible for the offences covered by this Chapter, he shall be liable to a fine of six months to two years.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

It is amended by article 217 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

The second paragraph is amended and the third paragraph is added by article 130 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 431.

For the purposes of this Chapter, public officials shall be those determined by Articles 24 and 427.

It is contained in article 16 of Organic Law 1/2019, of 20 February. Ref. BOE-A-2019-2363

It is deleted by Article 218 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

CHAPTER VII

From embezzlement

Article 432.

1. A public authority or official who, for profit, appropriates or consents to the taking of public property by reason of or on the occasion of his functions, in the same spirit, by a third party shall be liable to imprisonment for a term of two to six years, to special disqualification from public office or employment and to the exercise of the right to vote for a period of six to ten years.

2. A term of imprisonment of four to eight years and an absolute disqualification of 10 to 20 years shall be imposed if any of the following circumstances has occurred in the acts referred to in the preceding paragraph:

(a) serious damage or hindrance to the public service has been caused;

(b) the value of the damage caused or of the appropriate public property exceeds EUR 50,000,

(c) The embezzled things were of artistic, historical, cultural or scientific value; or if they were effects intended to alleviate any public calamity.

If the value of the damage caused or of the appropriate public property exceeds 250,000 euros, the penalty of imprisonment in the upper half shall be imposed, reaching the upper half in degree.

3. The acts referred to in this article shall be punishable by imprisonment for a term of one to two years and a fine of three months and one day to twelve months, and in any event by special disqualification from public office or employment and by the right to vote for a period of one to five years, where the damage caused or the value of public property is less than 4,000 euros.

It is amended by art. 1.14 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 219 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Paragraph 3 is amended by article 139 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 432 bis.

A public authority or official who, without wishing to appropriate it, allocates to private use the public property placed in his or her charge on account of his or her functions or on the occasion thereof, shall be liable to imprisonment from six months to three years and to suspension of employment or public office from one to four years.

If the guilty party does not return the same elements of public property that have been distracted within 10 days of the commencement of the proceedings, the penalties set out in the preceding article shall be imposed.

It is added by art. 1.15 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

Added text, published on 23/12/2022, in force from 12/01/2023.

Article 433.

A public authority or official who, without being covered by the preceding articles, gives to the public property which administers a public application other than that to which it is intended, shall be liable to imprisonment for one to four years and to special disqualification from employment or public office for two to six years, if serious damage or hindrance to the service to which it is assigned, and to disqualification from employment or public office for one to three years and a fine for three to twelve months, if it does not result.

It is amended by art. 1.16 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 220 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 433 bis.

1. A public authority or official who, in an appropriate manner to cause economic damage to the public entity to which it is attached, and beyond the circumstances provided for in article 390, distorts its accounts, documents which must reflect its economic situation or the information contained therein, shall be liable to a penalty of special disqualification from employment or public office for a period of one to ten years and a fine of 12 to 24 months.

2. The same penalties shall be imposed on the public authority or official, who, in an appropriate manner to cause economic damage to the public entity to which he or she is a member, shall provide to third parties any of the documents or information referred to in the preceding paragraph.

3. If the financial damage is caused to the entity, the penalty shall be imprisonment for one to four years, special disqualification from employment or public office for a period of three to ten years and a fine of 12 to 24 months.

It is added by article 12 of Organic Law 7/2012 of 27 December. Ref. BOE-A-2012-15647.

Text added, published on 28/12/2012, in force from 17/01/2013.

Article 433 ter.

For the purposes of this Code, public property shall be understood to mean all property and rights, of economic and property content, belonging to the public administrations.

It is added by art. 1.17 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

Added text, published on 23/12/2022, in force from 12/01/2023.

Article 434.

If the perpetrator of any of the acts defined in this chapter has effectively and fully remedied the damage caused to public property prior to the commencement of the oral trial, or has actively and effectively collaborated with the authorities or their agents to obtain evidence decisive for the identification or capture of other persons responsible or for the full clarification of the criminal acts, the judge or court shall impose the lesser penalty of one or two degrees on the perpetrator of this offence.

It is amended by art. 1.18 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

It is amended by article 221 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 435.

The provisions of this chapter are extensive:

1o Those entrusted with any funds, income or effects of public administrations.

2nd To individuals legally designated as depositaries of public funds or effects.

3. To administrators or depositors of money or property seized, seized or deposited by public authority, even if they belong to private individuals.

4. To the insolvency administrators, in relation to the insolvency estate or the economic interests of the creditors. In particular, the interests of creditors shall be deemed to be affected where the order of payment of claims established by law is intentionally altered.

5o To legal persons who, in accordance with the provisions of article 31 bis, are responsible for the offences covered by this Chapter. In such cases, the following penalties shall be imposed:

(a) Fine of two to five years, or three times the value of the damage caused or of the property or effects appropriate where the resulting amount is higher, if the offence committed by the natural person is punishable by imprisonment of more than five years.

(b) Fine of one to three years, or twice the value of the damage caused or of the property or appropriate effects where the resulting amount is higher, if the offence committed by the natural person is punishable by more than two years ' deprivation of liberty not covered by the preceding subparagraph.

(c) Fine from six months to two years, or double the value of the damage caused or of the property or appropriate effects if the resulting amount is higher, in the rest of the cases.

Having regard to the rules laid down in Article 66a, judges and courts may also impose the penalties set out in Article 33(7)(b) to (g).

The 5th ordinal is added by the sole article.17 of the Organic Law 1/2019, of 20 February. Ref. BOE-A-2019-2363

The fourth paragraph is added by the sole article.222 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 435 bis.

For the purposes of this chapter, public officials shall be those determined by Articles 24 and 427.

It is added by article 18 of Organic Law 1/2019, of 20 February. Ref. BOE-A-2019-2363

Text added, published on 21/02/2019, in force from 13/03/2019.

CHAPTER VIII

Fraud and illegal levies

Article 436.

A public authority or official who, acting on account of his position in any of the acts of the procurement arrangements or in liquidations of public effects or assets, arranges with the persons concerned or uses any other device to defraud any public entity, shall be liable to imprisonment for a term of two to six years and to special disqualification for public employment or office and for the exercise of the right to vote for a period of six to ten years. Any person who has entered into an agreement with the public authority or official shall be liable to the same penalty of imprisonment as the latter, as well as to disqualification from obtaining subsidies and public aid, for the purpose of engaging with entities, bodies or entities that are part of the public sector and for the benefit or incentive of taxation and social security for a period of two to seven years.

It is amended by article 223 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 131 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 437.

Any public authority or public official who directly or indirectly requires duties, tariffs or fees for duties or fees which are not due or in a greater amount than the legally stated amount, shall be punished, without prejudice to the refunds to which it is bound, by a fine of six to twenty-four months and by a suspension of employment or public office for a period of six months to four years.

Article 438.

Any public authority or official who, by abusing his position, commits an offence of fraud or fraud of benefits under article 307 ter of the Social Security System, shall incur the penalties, respectively, referred to them, in their upper half, which may be extended to the upper half in degree, and may be disqualified from public employment or office and from exercising the right to vote for a period of three to nine years, unless the acts are punishable by a more serious penalty in some other provision of this Code.

It is amended by article 224 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 438 bis.

An authority which, during the performance of its function or office and up to five years after having ceased to hold office, has obtained an increase in assets or a cancellation of obligations or debts of a value of more than 250,000 euros in respect of its accredited income, and has openly refused to comply with the requirements of the competent bodies aimed at verifying its justification, shall be punished by imprisonment for a term of six months to three years, a fine of either the triple of the benefit obtained, and special disqualification for employment or public office and for the exercise of the right to vote passively for a period of two to seven years.

It is added by art. 1.19 of Organic Law 14/2022 of 22 December. Ref. BOE-A-2022-21800

Take into account, for its application, the provisions of the first to third transitional provisions of the aforementioned Organic Law.

Added text, published on 23/12/2022, in force from 12/01/2023.

CHAPTER IX

From prohibited negotiations and activities to public officials and abuses in the exercise of their functions

Article 439.

Any public authority or official who, by reason of his position in any contract, matter, operation or activity, uses such a circumstance to force or facilitate any form of participation, direct or by a person engaged in such business or proceedings, shall be liable to imprisonment for a period of six months to two years, a fine of twelve to twenty-four months and special disqualification from public employment or office and to the exercise of the right to vote for a period of two to seven years.

It is amended by article 425 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 132 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

Article 440.

Experts, arbitrators and disputing accountants who conduct themselves in the manner provided for in the preceding article, in respect of property or property in which they have intervened, partition or award, and guardians, curators or executors in respect of those belonging to their wards or testamentaries, and court administrators in respect of property and rights integrated into the mass of the competition, shall be punished by a fine of twelve to twenty-four months and special disqualification for public employment or office, profession or office, guardianship or curatorship, as the case may be, for a period of three to six years, unless such conduct is punishable by a higher penalty in another provision of this Code.

It is amended by article 226 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 441.

A public authority or official who, outside the cases admitted by law or regulation, carries out, by himself or by person brought in, a permanent or accidental professional or advisory activity, under the supervision or service of private or private entities, in a case where he or she is required to intervene or has intervened on the basis of his or her position, or where he or she is processed, reported or disposed of at the office or management centre in which he or she is assigned or dependent, shall be liable to a fine of six to twelve months and to suspension of employment or public office for a period of two to five years.

It is amended by article 227 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 442.

A public authority or official who makes use of a secret known to him on account of his office or office, or insider information, in order to obtain an economic benefit for himself or a third party, shall be liable to a fine in respect of the triple benefit pursued, obtained or facilitated, and to a special disqualification from public employment or office and to the exercise of the right to vote for a period of two to four years. If the benefit is obtained, the penalty shall be imprisonment for one to three years, fined six times the benefit pursued, obtained or facilitated and special disqualification for public employment or office and for the exercise of the right to vote on a passive basis for a period of four to six years.

If serious harm is caused to the public cause or to a third party, the penalty shall be imprisonment from one to six years, and special disqualification from public employment or office and the exercise of the right to vote for a period of nine to twelve years. For the purposes of this Article, insider information means any specific information held solely on the basis of public office or office which has not been notified, published or disclosed.

It is amended by article 228 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

Article 443.

1. The penalty shall be imprisonment for between one and two years and absolute disqualification for a period of six to 12 years. The public authority or official shall be liable to a sexual request from a person who, for himself or his spouse or other person with whom he or she is stablely bound by a similar relationship of affection, ascendant, descendant, brother, by nature, by adoption, or in the same degree, has pending the decision of the person or persons for whom he or she is required to evacuate a report or consult his or her superior.

2. A prison officer, a juvenile protection or reform centre, a foreign internment centre, or any other detention or custody centre, including a temporary stay, who applied for sexual treatment from a person under his care, shall be punished by imprisonment for one to four years and absolute disqualification for a period of six to twelve years.

3. The same penalties shall be imposed when the person sought is an ascendant, a descendant, a brother, by nature, by adoption, or in the same degree as the person under his care. Such penalties shall also apply if the person sought is a spouse of a person under his custody or is bound to him in a stable manner by similar affectivity.

Paragraph 2, with effect from 7 October 2022, is amended by final provision 4.18 of Organic Law 10/2022 of 6 September. Ref. BOE-A-2022-14630

It is amended by article 140 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Article 444.

The penalties provided for in the preceding article shall be imposed without prejudice to those applicable for offences against sexual freedom actually committed.

It is amended by article 141 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

CHAPTER X

Common provision to previous Chapters

The heading is amended by article 229 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is added by the only article. 142 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538

Text added, published 26/11/2003, in force from 01/10/2004.

Article 445.

The provocation, conspiracy and proposal to commit the offences provided for in this Title shall be punished, respectively, by a lesser penalty of one or two degrees.

It is amended by article 230 of Organic Law 1/2015 of 30 March. Ref. BOE-A-2015-3439.

It is amended by article 33 of Organic Law 5/2010 of 22 June. Ref. BOE-A-2010-9953

It is amended by article 143 of Organic Law 15/2003 of 25 November. Ref. BOE-A-2003-21538