Article 451 Spanish Criminal Code: Covering up an offence

Article 451 punishes whoever, knowing of the commission of an offence and without having taken part in it, intervenes after its execution by assisting the offenders to profit from it, by concealing the evidence or by helping them to evade the investigation.

Wording of Article 451 of the Spanish Criminal Code

Elements of the offence

1. A prior offence committed by another person, of which the accused had knowledge.
2. That the accused took part in that offence neither as perpetrator nor as accomplice, since participation absorbs the covering up.
3. An intervention after the execution of the offence, in one of the three ways described.
4. In the case of number 1, the absence of intent to gain personally, which distinguishes it from the handling of stolen goods of Article 298.

Defence strategy

Knowledge of the offence. The offence requires knowledge of the commission of the prior offence. A generic suspicion, or knowledge acquired after the assistance was given, does not satisfy the subjective element, which cannot be inferred from the mere relationship between the parties.

Excuse for relatives. Article 454 exempts from punishment whoever covers up a spouse, a person in an analogous relationship of affection or certain relatives, save in the case of number 1. That excuse is habitually decisive and must be raised at the outset.

Distinction from handling stolen goods. Where the accused acted with intent to gain personally, the conduct falls under Article 298, which has its own frame and its own ceiling. Identifying the presence or absence of that intent determines the applicable provision.

Restrictive list of number 3. Helping a person to evade the investigation is punishable only where the offence covered up appears in the list of subparagraph (a) or where public functions were abused. Outside those cases the conduct is not criminal, which is habitually overlooked.

• Article 298 CP: handling stolen goods
• Article 456 CP: false accusation
• Covering up an offence in Spain
• False testimony and obstruction of justice

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.