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Article 450 Spanish Criminal Code: failure to prevent offences
Quick answerArticle 450 of the Spanish Criminal Code punishes with six months to two years of imprisonment, where the offence is against life, and with a fine of six to twenty-four months in other cases, anyone who, being able to act immediately and without risk to themselves or others, fails to prevent an offence against life, physical integrity or health, liberty or sexual freedom, as well as anyone who fails to alert the authorities so that they may prevent it.
This is a pure omission offence that does not make the person who stood by a participant in the offence not prevented. Its scope is confined to a closed list of protected interests and it requires that intervention was possible immediately and without risk, which is where the evidential debate concentrates.
Also cited as: article 450 Spanish Criminal Code · art. 450 CP · Spanish Penal Code article 450 · artículo 450 del Código Penal.
Wording of the provision
1. Anyone who, being able to do so by immediate intervention and without risk to themselves or others, fails to prevent the commission of an offence affecting persons in their life, physical integrity or health, liberty or sexual freedom, shall be punished with imprisonment of six months to two years where the offence is against life, and with a fine of six to twenty-four months in other cases, unless the offence not prevented carries an equal or lesser penalty, in which case the penalty shall be one degree below that of the latter.
2. The same penalties shall apply to anyone who, being able to do so, fails to alert the authorities or their agents so that they may prevent an offence of the kind described in the preceding paragraph of whose imminent or ongoing commission they are aware.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. Six months to two years of imprisonment where the offence not prevented was against life, and a fine of six to twenty-four months in other cases. Where the offence not prevented carries an equal or lesser penalty, the penalty is one degree below that of the latter.
Key facts
| Nature | A pure omission offence breaching a duty of solidarity. It does not make the person who stood by a principal or an accomplice in the offence not prevented. |
|---|---|
| Closed list | Only offences against life, physical integrity or health, liberty or sexual freedom. Property offences are not covered. |
| Requirements | The possibility of immediate intervention and the absence of risk to oneself or to others. |
| The paragraph 2 form | Failing to alert the authorities or their agents when aware of the imminent or ongoing commission of one of those offences. |
| Proportionality rule | Where the offence not prevented carries an equal or lesser penalty, the penalty is one degree below that of the latter. |
| Classification | Less serious offence. |
| Boundaries | With commission by omission under Article 11, which requires a position of responsibility and makes the person a principal, and with failure to give assistance under Article 195. |
Elements and scope
- Knowledge that one of the listed offences is being or is about to be committed.
- A real possibility of preventing it by immediate intervention.
- The absence of risk to oneself or to others arising from that intervention.
- A deliberate failure to intervene or to alert the authorities.
Points of application
The absence of risk is the decisive element. The duty arises only where intervention entails no risk to the person or to third parties. A reasonable risk excludes the offence, without any need to establish a certain danger.
The subsidiary form in paragraph 2. Where direct intervention is impossible or risky, the duty to alert the authorities remains. This second form is the one most often applied in practice.
The line with commission by omission. A person in a position of responsibility is liable as a principal in the offence not prevented under Article 11, with far heavier penalties. Drawing that line correctly is decisive for the defence.
Defence strategy
No real possibility of prevention. Distance, the time available and the circumstances of the place should be documented. Intervention had to be immediate and effective, not merely symbolic.
Existence of risk. It is enough to establish a reasonable risk, to the person or to a third party, including well-founded fear arising from the presence of weapons or of a larger number of attackers.
Compliance through paragraph 2. Calling the emergency services or the police rules out the omission. The call records should be requested from the investigation stage.
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.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What does Article 450 of the Spanish Criminal Code punish?
Failing to prevent, where one could do so without risk, an offence against life, physical integrity or health, liberty or sexual freedom, and failing to alert the authorities so that they may prevent it when aware of its imminent or ongoing commission.
What penalty applies?
Six months to two years of imprisonment where the offence not prevented was against life, and a fine of six to twenty-four months in other cases. Where the offence not prevented carries an equal or lesser penalty, the penalty is one degree below that of the latter.
Must one intervene even where there is danger?
No. The duty arises only where intervention is possible without risk to oneself or to others. Where there is a reasonable risk, only the duty to alert the authorities remains.
Does it apply to property offences?
No. The list is closed and covers only offences affecting persons in their life, physical integrity or health, liberty or sexual freedom.
Does it make the bystander a participant in the offence?
No. It is a self-standing pure omission offence. A person in a position of responsibility is instead liable as a principal by commission by omission under Article 11.
Is calling the police enough?
Yes. Alerting the authorities or their agents discharges the duty in paragraph 2 and excludes liability.
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