Updated to LO 1/2026 and LO 1/2025 · Reviewed July 2026 · Author: Francisco Javier Martín Porras, criminal lawyer and court expert · SCJE team
“You could get two years” means nothing without knowing which penalty we are talking about: prison, a fine with substitute custody for non-payment, community work, disqualifications that destroy careers or approach prohibitions that reorganise lives. Articles 32 to 60 classify the penalties, fix their durations and regulate the accessory ones. We comment on the complete catalogue with its real impact.
In brief. In brief. Custodial penalties: prison (3 months to 20 years, with maximums of 25 to 40), reviewable permanent imprisonment and permanent localisation. The fine is imposed in daily units: from 2 to 400 euros per day depending on economic capacity. Non-payment entails personal liability: one day of deprivation for every two unpaid units. Accessory penalties (disqualifications, prohibitions of art. 57) accompany almost every conviction.
Articles 32 to 60 of the Criminal Code classify the penalties as serious, less serious and minor according to their duration, a border that silently determines jurisdiction, limitation periods and criminal records. The catalogue runs from prison (3 months to 20 years, with maximums of 25, 30 or 40 years in the cases of art. 76) and reviewable permanent imprisonment, through permanent localisation and the day-fine system, to community work and the penalties depriving of rights: disqualifications, suspension of employment, withdrawal of driving and weapons licences, and the prohibitions of art. 48 that art. 57 allows or imposes.
Our defence work on penalties: request of a daily fine unit adjusted to real capacity, because the 2-euro unit exists and is applied; community work and localisation as negotiated alternatives in plea agreements; sizing of the prohibitions of art. 57 with proportionate durations and distances; and full credit for pre-trial detention and precautionary measures endured (arts. 58 and 59).
| Penalty | Legal basis | Duration or amount | Practical key |
|---|---|---|---|
| Prison | Arts. 35 and 36 CP | 3 months to 20 years; maximums of 25, 30 or 40 (art. 76) | Below 3 months always substituted (art. 71.2) |
| Reviewable permanent imprisonment | Art. 33 CP scheme | Review from 25 years of service with favourable prognosis | Prison strategy begins on the first day of service |
| Permanent localisation | Art. 37 CP | Up to 6 months, continuous or at weekends | Compatible with employment if weekend service is requested |
| Fine (day-fine system) | Arts. 50 to 52 CP | 2 to 400 euros per day, up to 2 years; deferral possible | The unit is fixed by real economic capacity and is litigated |
| Liability for non-payment | Art. 53 CP | One day of deprivation for every two unpaid units | Not applicable with prison over 5 years; payable in TBC |
| Community work | Art. 49 CP | Unpaid days of public utility, with consent | Two unjustified non-appearances constitute breach (art. 468) |
| Disqualifications | Arts. 39 to 46 and 56 CP | Absolute and special; suspension of employment; licences | Special ones require connection with the offence |
| Prohibitions of art. 57 | Arts. 48 and 57 CP | Up to 10 years over the penalty; mandatory in gender violence | They do not run out during prison; breach is an offence |
Summary drawn from the Spanish source page for orientation purposes. The applicable provisions are those of the Criminal Code in force at the relevant time; each case requires individual analysis by a criminal lawyer.
Original commentary by the firm, checked against the reference works of our library and updated to LO 1/2026 and LO 1/2025. The exact penalty matters as much as the verdict: the daily fine unit, the sizing of prohibitions and the credit for time served are litigated with the same intensity as guilt.
The unit must be fixed by real capacity (from 2 euros per day) and deferral of up to 2 years is possible. If unpaid, art. 53 operates: one day of deprivation for every two units, payable in community work or localisation.
Disqualification is often more serious than prison: special disqualifications require a connection with the offence and are challenged when unrelated to the act.
The prohibitions of art. 57 last what the judgment fixes, may exceed the prison term by up to 10 years and do not run out during imprisonment. Breach is an offence even with the victim’s consent.
Pre-trial detention is credited in full and precautionary measures endured are set off against penalties of the same nature: a well-reviewed liquidation deducts real months.
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