info@societejuridique.com
Madrid: Paseo de la Castellana 216 8 ª Planta
Alicante: Av. Ansaldo Nº31, local 16
24h emergencies: 669 30 21 13
Article 130 Spanish Criminal Code: Extinction of criminal liability
Quick answerArticle 130 of the Spanish Criminal Code lists the grounds on which criminal liability is extinguished: the death of the offender, service of the sentence, final remission of the penalty, amnesty or pardon, forgiveness by the injured party in minor offences prosecuted at their instance, limitation of the offence and limitation of the penalty or security measure.
Article 130 lists the grounds which extinguish criminal liability: death, service of the sentence, definitive remission, amnesty or pardon, the pardon of the person offended in the cases provided for, and limitation of the offence or of the penalty. Paragraph 2 governs the transfer of liability of legal persons.
Also cited as: article 130 Spanish Criminal Code · art. 130 CP · Spanish Penal Code article 130 · artículo 130 del Código Penal.
Wording of Article 130 of the Spanish Criminal Code
1. Criminal liability is extinguished:
1. By the death of the convicted person.
2. By the service of the sentence.
3. By the definitive remission of the penalty, in accordance with the provisions of paragraphs 1 and 2 of Article 87.
4. By amnesty or pardon.
5. By the pardon of the person offended, where the offences are minor offences prosecutable at the instance of the aggrieved person or where the law so provides. The pardon must be granted expressly before judgment has been handed down, and to that end the sentencing judicial authority shall hear the person offended by the offence before handing it down.
In offences committed against minors or against persons with a disability in need of special protection which affect eminently personal legal interests, the pardon of the person offended does not extinguish criminal liability.
6. By limitation of the offence.
7. By limitation of the penalty or of the 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 into which it is transformed, with which it is merged or by which it is absorbed, and shall extend to the entity or entities resulting from the division. The judge or court may moderate the transfer of the penalty to the legal person according to the proportion which the legal person originally liable for the offence bears to it.
The concealed or merely apparent dissolution of the legal person does not extinguish criminal liability. A concealed or merely apparent dissolution of the legal person shall in all cases be deemed to exist where its economic activity continues and the substantial identity of clients, suppliers and employees, or of the most relevant part of all of them, is maintained.
Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.
Sentencing range. The article does not lay down a penalty. Its effect is the extinction of criminal liability, which brings the proceedings or the enforcement to an end, and paragraph 2 governs the transfer of the liability of legal persons in cases of transformation, merger, absorption or division.
Key facts
| Nature | A closed list of grounds extinguishing criminal liability that has already arisen, unlike the defences that prevent it arising at all. |
|---|---|
| Forgiveness by the victim | Only in minor offences prosecuted at the injured party’s instance or where the law so provides. It must be given expressly before judgment, the injured party having first been heard. |
| Limit on forgiveness | It does not extinguish liability for offences against minors or persons with disabilities in need of special protection that affect strictly personal interests. |
| Limitation of the offence | Governed by the periods in Article 131 and by the rules on calculation and interruption in Article 132. |
| Final remission | It operates under paragraphs 1 and 2 of Article 87, once the suspension period has passed without a further offence. |
| Legal persons | Transformation, merger, absorption or division does not extinguish criminal liability, which passes to the resulting entity. |
| Procedural effect | Once established, the case is dismissed with prejudice or an acquittal follows, depending on the stage at which it is found. |
Elements of the offence
- One of the seven grounds listed in paragraph 1, which are exhaustive.
- In the case of the pardon of the person offended, a minor offence prosecutable at the instance of the aggrieved person, or express statutory provision, together with an express grant before judgment and after hearing the person offended.
- The exclusion of that ground where the offence was committed against a minor or a person with a disability in need of special protection and affects eminently personal legal interests.
- In the case of paragraph 2, a corporate operation which does not amount to a concealed or merely apparent dissolution, which is deemed to exist where the economic activity continues with substantial identity of clients, suppliers and employees.
Defence strategy
Calculation of the limitation period. The limitation of the offence requires the identification of the penalty frame in the abstract, of the moment at which the period begins to run and of the acts which genuinely interrupt it. A merely nominal charge, or a period of inactivity of the file, are the points upon which the extinction is habitually obtained.
Interruption of the period and proceedings directed against a person. Article 132 requires a reasoned decision attributing to a determined person the participation in an act which may constitute an offence. Generic complaints and proceedings against persons unknown do not interrupt the period, which is a frequent ground of challenge.
Pardon of the person offended. Where the offence is a minor one prosecutable at the instance of the aggrieved person, the pardon extinguishes liability provided that it is granted expressly before judgment. The court is under an obligation to hear the person offended, and the omission of that hearing is a defect capable of being raised on appeal.
Corporate succession and concealed dissolution. Paragraph 2 transfers the liability of the legal person to the resulting entities and permits the court to moderate that transfer according to the proportion which the originally liable entity bears to it. Documenting the actual discontinuity of clients, suppliers and employees is what prevents the finding of a concealed dissolution.
Points of application
Limitation must be examined of the court’s own motion. It may be raised at any stage, including on appeal to the Supreme Court, since it affects the right to proceedings without undue delay and the State’s power to punish at all.
Forgiveness requires express form and precise timing. The injured party’s failure to appear, or a statement that they do not wish the case to go on, is not enough: forgiveness must be given expressly before judgment, and the court must hear them first. Outside that moment it has no extinguishing effect.
Extinction is not cancellation. Extinction of liability does not by itself clear the criminal record. Cancellation is governed by Article 136, and its periods begin precisely when liability is extinguished.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Limitation of criminal liability in Spain
- Corporate criminal liability in Spain
- Enforcement of criminal sentences in Spain
- Criminal compliance in Spain
This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.
Last reviewed: 21 September 2026.
Frequently asked questions
What extinguishes criminal liability?
The death of the offender, service of the sentence, final remission of the penalty, amnesty or pardon, forgiveness by the injured party in minor offences prosecuted at their instance, limitation of the offence and limitation of the penalty or security measure.
When does the victim’s forgiveness extinguish liability?
Only in minor offences prosecuted at the injured party’s instance or where the law so provides, and provided it is given expressly before judgment, after the injured party has been heard.
Are there offences where forgiveness has no effect?
Yes. In offences against minors or persons with disabilities in need of special protection that affect strictly personal interests, forgiveness does not extinguish criminal liability.
Does a company merger extinguish liability?
No. Transformation, merger, absorption or division of a legal person does not extinguish its criminal liability, which passes to the resulting entity or entities.
Can limitation be raised at any time?
Yes. Because it affects the State’s power to punish, limitation may be examined of the court’s own motion at any stage, including on appeal to the Supreme Court.
Does extinction clear the criminal record?
No. Cancellation is governed by Article 136 of the Criminal Code, and its periods begin to run precisely when liability is extinguished.
Paseo De La Castellana 216 8º 28046 Madrid
Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
London: 20 Wenlock Road, N1 7GU, United Kingdom
Paris: 72 Faubourg St Honoré, 75008, France
info@societejuridique.com
SERVICES
LINKS
Société de Conseil Juridique et Expert is a law firm with offices in Madrid, Alicante, London and Paris, specialising in criminal law, technology law and economic and corporate crime. We provide strategic guidance in complex criminal proceedings, intellectual property and technological resources for legal decision-making with advanced forensic analysis. Our multidisciplinary team combines legal experience, legal intelligence and personal attention to deliver effective solutions adapted to each case. Legal assistance available 24 hours a day and online consultations.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.
Where we act: Alicante·Madrid·Elche·Torrevieja·Orihuela·Benidorm·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·All locations
Defence by offence: Drink driving·Robbery and theft·Assault·Sexual offences·Threats·Squatting·Homicide·Criminal records