Spanish Criminal Code by Article

An English-language guide to the Spanish Criminal Code, article by article, prepared by Société Juridique for foreign nationals involved in criminal proceedings in Spain. Each entry sets out a working translation of the provision as currently in force, the sentencing range, the elements the prosecution must prove and the defence arguments the firm advances in practice.

The English guide is published progressively and currently covers 76 of the 150 provisions available in Spanish. The complete Spanish repertory, which reproduces the authoritative text verbatim, is at Código Penal por artículos.

The general part: criminal liability and sentencing

• Article 11. Commission by Omission
• Article 14. Mistake of Fact and Mistake of Law
• Article 16. Attempt and Voluntary Withdrawal
• Article 28. Principals, Inducers and Necessary Cooperators
• Article 29. Accomplices
• Article 74. Continuing Offence
• Article 77. Single Act Constituting Several Offences
• Article 89. Expulsion in substitution for imprisonment
• Article 116. Civil Liability Arising from an Offence
• Article 127. Confiscation of Proceeds and Instrumentalities
• Article 131. Limitation Periods for Offences
• Article 136. Cancellation of Criminal Records

Homicide, bodily harm and moral integrity

• Article 138. Homicide
• Article 139. Murder
• Article 142. Death by Negligence and Fatal Road Accidents
• Article 147. Bodily harm
• Article 148. Aggravated Bodily Harm
• Article 149. Serious Bodily Harm: Loss of an Organ or Function
• Article 152. Bodily Harm Caused by Negligence
• Article 153. Assault and minor injury in the domestic context
• Article 173. Degrading Treatment and Habitual Domestic Violence
• Article 195. Failure to Render Assistance

Liberty, sexual freedom and the protection of minors

• Article 163. Unlawful Detention
• Article 164. Kidnapping
• Article 169. Threats
• Article 172. Coercion
• Article 178. Sexual Assault and the Consent Standard
• Article 179. Rape and Sexual Assault with Penetration

Privacy, reputation and unlawful entry

• Article 202. Unlawful Entry into a Dwelling
• Article 205. Calumny
• Article 208. Insult
• Article 245. Squatting and Unlawful Occupation of Property

Family relations

• Article 225 bis. Parental Child Abduction
• Article 226. Abandonment of Family
• Article 227. Non-Payment of Maintenance

Property and the socio-economic order

• Article 234. Theft
• Article 238. Robbery with Force in Things
• Article 242. Robbery with Violence or Intimidation
• Article 243. Extortion
• Article 248. Fraud: the Basic Offence
• Article 249. Computer Fraud and Fraudulent Use of Payment Instruments
• Article 250. Aggravated Fraud
• Article 253. Misappropriation
• Article 257. Frustration of Enforcement and Asset Stripping
• Article 263. Criminal Damage to Property
• Article 264. Damage to Computer Data and Systems
• Article 274. Counterfeit Goods and Trade Mark Offences
• Article 301. Money Laundering

Public revenue, social security and workers’ rights

• Article 316. Failure to Provide Workplace Safety Measures
• Article 318 bis. Facilitating Illegal Immigration

Planning and the environment

• Article 319. Unlawful Building and Planning Offences
• Article 320. Planning Offences by Public Officials
• Article 325. Environmental Offences

Public safety and road traffic

• Article 368. Drug trafficking
• Article 369. Aggravated Drug Trafficking
• Article 379. Driving under the influence of alcohol or drugs
• Article 380. Reckless Driving Endangering Life
• Article 381. Driving with Manifest Disregard for Life
• Article 382. Concurrence of Road Safety Offences with Injury or Death
• Article 382 bis. Leaving the Scene of an Accident
• Article 383. Refusal to submit to breath or drug testing
• Article 384. Driving Without a Valid Licence

Forgery and false documents

• Article 392. Forgery of Documents by a Private Individual
• Article 401. Usurpation of Civil Status

Offences in public office

• Article 404. Prevarication by Public Officials
• Article 419. Bribery: Acts Contrary to Official Duty
• Article 420. Bribery for a Proper Act of Office

Offences against the administration of justice

• Article 455. Taking the Law into One’s Own Hands
• Article 456. False Accusation and Reporting an Offence Falsely
• Article 457. Simulating an Offence and False Reporting
• Article 464. Intimidation of Witnesses and Parties
• Article 468. Breach of a Sentence or Restraining Order

The Constitution, public order and criminal organisations

• Article 550. Assault on Police and Public Officers
• Article 556. Resisting or Disobeying Police Officers
• Article 563. Possession of Prohibited Weapons
• Article 570 bis. Criminal Organisation

The translations in this guide are working translations prepared by the firm and have no official status. The only authoritative text is the Spanish original published by the Official State Gazette, available at the Boletín Oficial del Estado. Nothing in this guide constitutes legal advice.