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Asset-freezing measures in Spanish criminal proceedings
Quick answerOnce reasonable grounds of criminal liability appear, the judge requires security sufficient to cover the pecuniary liabilities and, if it is not provided, orders the attachment of assets (articles 589 and 597 of the Criminal Procedure Act). In the abbreviated procedure article 764 refers to the Civil Procedure Act and allows the seizure of the vehicle and of the driving licence. Confiscation is secured through the seizure provided for in article 127 octies of the Criminal Code.
Also cited as: asset-freezing measures · security and attachment · civil liability file · article 589 Criminal Procedure Act · securing pecuniary liabilities
Alongside personal precautionary measures, which affect liberty, Spanish criminal procedure provides asset-freezing measures, which affect property and are designed to secure the effectiveness of civil liability, of the fine, of the costs and of confiscation. They are dealt with in a separate file and their adoption requires reasonable grounds of criminal liability, not a prior declaration of liability.
Legal framework
Article 589 of the Criminal Procedure Act: where the investigation reveals reasonable grounds of criminal liability against a person, the judge shall order that person to provide security sufficient to cover the pecuniary liabilities that may ultimately be declared, ordering in the same decision the attachment of sufficient assets if the security is not provided. The amount is fixed in the order itself and may not be less than one third more than the whole probable amount of the pecuniary liabilities.
Article 597 of the Criminal Procedure Act: if the security is not provided on the day following notification of the order, the assets of the accused shall be attached, the accused being required to identify assets sufficient to cover the amount fixed.
Article 764.1 and 2 of the Criminal Procedure Act: in the abbreviated procedure, measures securing the pecuniary liabilities, including costs, are ordered by reasoned decision and formalised in a separate file, the rules on content, conditions and substitute security of the Civil Procedure Act being applicable.
Article 764.3 of the Criminal Procedure Act: where civil liability is covered by compulsory insurance, the insurer or the Insurance Compensation Consortium is required to provide security up to the limit of the compulsory cover; the person liable answers for the difference and, failing that, the assets are attached. The compulsory insurer is not a party to the proceedings, without prejudice to its right to be heard on the obligation to provide security.
Article 764.4 of the Criminal Procedure Act: the immediate seizure of the vehicle and the retention of its registration document may be ordered, as may the seizure of the driving licence with a requirement that the person under investigation or charged refrain from driving, subject to the warning under article 556 of the Criminal Code.
Article 127 octies of the Criminal Code: in order to secure the effectiveness of confiscation, property, means, instruments and proceeds may be seized or attached and placed in custody by the judicial authority from the first steps of the investigation, the judge deciding on their early realisation or provisional use.
Statutory texts cited from the consolidated versions published by the Spanish Official State Gazette. Unofficial English rendering; the Spanish text is the authentic one.
Key rule. The security under article 589 may not be set below one third more than the probable amount of the pecuniary liabilities, but that statutory floor does not dispense with reasoning the specific figure or with observing proportionality as against the assets of the person affected.
Key facts
| Purpose | Securing civil liability, the fine, costs and confiscation |
|---|---|
| Condition | Reasonable grounds of criminal liability against an identified person |
| Form | Reasoned order, dealt with in a separate file |
| Minimum amount of security | One third more than the probable amount of the pecuniary liabilities |
| Failure to provide security | Attachment of assets on the day after notification, article 597 |
| Abbreviated procedure | Reference to the Civil Procedure Act, article 764.2 |
| Compulsory insurance | Insurer or Consortium required to provide security, article 764.3 |
| Measures on the vehicle | Seizure of the vehicle and retention of the registration document, article 764.4 |
| Driving licence | Seizure with a prohibition on driving, subject to article 556 of the Criminal Code |
| Securing confiscation | Seizure or attachment from the first steps, article 127 octies of the Criminal Code |
Elements and scope
- A prima facie case. The measure requires reasonable grounds of criminal liability, that is, a provisional finding of involvement, and cannot rest on the mere admission of a complaint.
- Risk of frustration. Although article 589 does not state it expressly, the reference in article 764.2 to the Civil Procedure Act imports the requirement of risk arising from the passage of time.
- Quantitative proportionality. The floor of one third more does not authorise figures unconnected with the loss actually claimed or with the assets of the person affected.
- Handling in a separate file. Autonomous processing allows the measure to be appealed without interfering with the investigation and facilitates later modification on a change of circumstances.
- Substitute security. The reference to civil procedure allows alternative security to be offered so as to lift the attachment, the parties being heard.
Points of application
Reasoning of the amount. Setting the security requires the calculation of the probable amount of the pecuniary liabilities to be explained; a global figure without a breakdown may be challenged for lack of reasons.
Third parties and parties vicariously liable in civil terms. The measure may reach the party vicariously liable, who must be heard and may challenge both that status and the amount.
Jointly owned assets. Attachment of matrimonial or jointly owned property must respect the share of the third party not under investigation, who has a third-party claim available.
The compulsory insurer. Article 764.3 obliges it to provide security up to the statutory limit without making it a party, although it is permitted to file submissions in defence of its obligation.
Confiscation and early realisation. Article 127 octies allows the early realisation of seized property, a decision that must weigh its perishable nature or the cost of custody against the irreversible prejudice to the person affected.
Defence strategy
Enter an appearance in the separate file from the outset. Civil liability is argued in its own file; a late appearance prevents the initial amount from being contested and entrenches attachments that are hard to lift.
Challenge the amount for lack of reasons. The order must explain the calculation of the probable amount; a figure fixed without a breakdown or reference to the loss claimed is open to challenge by way of reconsideration and appeal.
Offer substitute security. The reference in article 764.2 to the Civil Procedure Act allows the attachment to be replaced by a guarantee or bond, preserving the economic activity of the person affected.
Apply for modification on a change of circumstances. A subsequent reduction of the civil claim, part payment or a change in the assets justify review of the measure.
Protect the share of third parties. Where the attachment reaches jointly owned property, a third-party claim should be brought and the share of the spouse or co-owner outside the proceedings delimited.
Scrutinise early realisation under article 127 octies. Early sale of seized property must be justified by its depreciation or by the cost of custody; otherwise it should be opposed on account of the irreversible prejudice it causes.
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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: 23 September 2026.
Frequently asked questions
When can a judge attach assets in criminal proceedings?
Where the proceedings reveal reasonable grounds of criminal liability against a person and that person does not provide the security fixed in the order, under articles 589 and 597 of the Criminal Procedure Act.
How is the security calculated?
Article 589 requires that it be no less than one third more than the whole probable amount of the pecuniary liabilities, and the order must give reasons for that calculation.
Are these measures dealt with in the main proceedings?
No. Article 764.1 requires them to be ordered by reasoned decision and formalised in a separate file, which allows them to be challenged independently.
What happens where there is compulsory insurance?
Article 764.3 requires the insurer or the Insurance Compensation Consortium to provide security up to the limit of the compulsory cover, the person liable answering for the difference.
Can the vehicle and the driving licence be seized?
Yes. Article 764.4 allows the immediate seizure of the vehicle, the retention of the registration document and the seizure of the driving licence with a prohibition on driving.
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