Art. 73 CP
Real concurrence
Plurality of acts and offences: cumulation of the corresponding sentences.
info@societejuridique.com
Madrid: Paseo de la Castellana 216 8 ª Planta
Alicante: Av. Ansaldo Nº31, local 16
24h emergencies: 669 30 21 13
Theory of crime · Articles 73-77 CP · Throughout Spain
Concurrence of offences
Several acts, one trial: how they are counted can halve the sentence.
When a person commits several offences, the Spanish Criminal Code (Articles 73 to 77) sets how the sentences combine: real concurrence, ideal concurrence, medial concurrence, continued offence and concurrence of norms. The applicable rule has a considerable impact on the total sentence.
In brief. concurrence of offences (Arts. 73-77 CP) governs multiple offences: real concurrence (cumulated sentences, capped by Art. 76), ideal concurrence (one act, several offences: upper half of the most serious, Art. 77), medial concurrence, continued offence (Art. 74) and concurrence of norms (Art. 8). Correctly qualifying the concurrence can sharply reduce the sentence.
Key facts
77
Ideal and medial concurrence: one act, or one offence as means of another.
76
Statutory cap on the enforcement of cumulated sentences.
24h
English-speaking lawyer, concurrence strategy throughout Spain.
Counting the acts and the sentences
Real concurrence adds up — within a limit. Several independent acts in principle lead to cumulated sentences, but Article 76 imposes a maximum enforcement cap, often well below their arithmetic sum.
Ideal concurrence counts only once. Where a single act constitutes several offences (Art. 77), the upper half of the most serious sentence applies, not the sum — a major difference.
The continued offence unifies. A plurality of homogeneous acts carrying out a single plan (Art. 74) is punished as a single aggravated offence, which in some cases is more favourable than cumulation.
What we qualify
The forms of concurrence
Art. 76 CP
Cumulation cap
Maximum limit for the enforcement of cumulated sentences.
Art. 77.2 CP
Ideal concurrence
One act, several offences: upper half of the most serious sentence.
Art. 77.3 CP
Medial concurrence
One offence a necessary means of another: sentence above the most serious.
Art. 74 CP
Continued offence
Homogeneous acts of a single plan: single aggravated offence.
Art. 74.2 CP
Mass offence
Wide-reaching patrimonial harm: sentence by the total harm.
Art. 8 CP
Concurrence of norms
Only one norm applies: speciality, subsidiarity, consumption.
Art. 75 CP
Incompatible sentences
Successive enforcement where simultaneous cumulation is impossible.
Art. 76.2 CP
Connexity
Acts tried together or that could have been: global cap calculation.
Effects
Overview of the concurrence rules
| Type | Article | Sentencing rule | Key point |
|---|---|---|---|
| Real concurrence | 73 | Cumulation of sentences | Independent acts |
| Cumulation cap | 76 | Enforcement cap | Statutory maximum |
| Ideal concurrence | 77.2 | Upper half of the most serious | One single act |
| Medial concurrence | 77.3 | Above the most serious | Necessary means |
| Continued offence | 74 | Single aggravated offence | Single plan |
| Mass offence | 74.2 | By total harm | Wide reach |
| Concurrence of norms | 8 | Only one norm | No double punishment |
| Connexity | 76.2 | Global calculation | Jointly triable acts |
Indicative elements based on the Spanish Criminal Code. The applicable rule depends on the exact relationship between the acts. This overview does not replace a lawyer’s analysis.
Our difference
The right qualification of concurrence changes everything
Adding up or unifying does not cost the same. Requalifying real concurrence as ideal concurrence or a continued offence, or invoking the Article 76 cap, can cut the sentence actually served by several years.
We re-read the relationship between the acts. A single act with multiple effects, a homogeneous series or a norm that absorbs another: the structure of the facts determines the most favourable rule — and sentence.
01
Qualifying the relationship between the offences
02
Applying the enforcement cap of Article 76
03
Seeking ideal concurrence or the continued offence
04
Excluding double punishment through concurrence of norms
How we act
A structured defence at every stage
Phase 01
Analysis of the plurality of acts
Phase 02
Qualifying the type of concurrence
Phase 03
Plea on the most favourable sentencing rule
Phase 04
Control of the calculation and enforcement cap
Who we represent
Very different situations
P
Multiple-offence cases
People accused of several offences whose mode of cumulation is at stake.
E
Directors and companies
Economic cases where connected offences accumulate.
C
Convicted persons on review
People seeking application of the cumulation cap on their sentences.
F
Families
Relatives seeking to understand the total sentence actually at stake.
Related
Related pages
FAQ
What you should know
Do sentences always add up?
No. In real concurrence sentences cumulate, but Article 76 caps the maximum term of enforcement; in ideal concurrence only the upper half of the most serious applies.
What is ideal concurrence?
Where a single act constitutes several offences (Art. 77.2): the sentence of the most serious applies in its upper half, without adding.
What is a continued offence?
A plurality of homogeneous acts carrying out a single plan (Art. 74), punished as a single aggravated offence.
What is the cumulation limit?
Article 76 sets an enforcement cap (generally three times the most serious sentence, with absolute maxima), whatever the arithmetic total.
What is concurrence of norms?
Where several norms appear applicable but only one must apply (Art. 8), to avoid double punishment of the same act.
Why is this decisive?
Because the method of calculation can halve the sentence. The firm assists 24/7 in Spain.
Speak to a criminal lawyer
In a fast-track case, the days you have are the case.
Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.
Paseo De La Castellana 216 8º 28046 Madrid
Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
Londres: 20 Wenlock Road, N1 7GU, Reino Unido
París: 72 Faubourg St Honoré, 75008, Francia
info@societejuridique.com
SERVICIOS
ENLACES
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.
Sedes y delegaciones: Alicante·El Campello·Madrid
Tambien actuamos en: San Juan de Alicante·Benidorm·Elche·Torrevieja·Orihuela·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·Murcia
Tambien actuamos en: San Juan de Alicante·Benidorm·Elche·Torrevieja·Orihuela·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·Murcia
Defensa por delitos: Alcoholemias·Robos y hurtos·Lesiones·Agresión sexual·Amenazas·Okupas·Homicidios·Antecedentes penales