Article 33 Spanish Criminal Code: Classification of penalties

1. According to their nature and duration, penalties are classified as serious, less serious and minor.

2. The following are serious penalties:

a) Reviewable permanent imprisonment.

b) Imprisonment exceeding five years.

c) Absolute disqualification.

d) Special disqualifications for a term exceeding five years.

e) Suspension from public employment or office for a term exceeding five years.

f) Deprivation of the right to drive motor vehicles and mopeds for a term exceeding eight years.

g) Deprivation of the right to possess and carry weapons for a term exceeding eight years.

h) Deprivation of the right to reside in or to attend certain places, for a term exceeding five years.

i) The prohibition on approaching the victim or those of the relatives of the victim or other persons determined by the judge or court, for a term exceeding five years.

j) The prohibition on communicating with the victim or with those of the relatives of the victim or other persons determined by the judge or court, for a term exceeding five years.

k) Deprivation of parental authority.

3. The following are less serious penalties:

a) Imprisonment of three months up to five years.

b) Special disqualifications of up to five years.

c) Suspension from public employment or office of up to five years.

d) Deprivation of the right to drive motor vehicles and mopeds of one year and one day to eight years.

e) Deprivation of the right to possess and carry weapons of one year and one day to eight years.

f) Special disqualification from the exercise of a profession, trade or business connected with animals and from the keeping of animals, of one year and one day to five years.

g) Deprivation of the right to reside in or to attend certain places, for a term of six months to five years.

h) The prohibition on approaching the victim or those of the relatives of the victim or other persons determined by the judge or court, for a term of six months to five years.

i) The prohibition on communicating with the victim or with those of the relatives of the victim or other persons determined by the judge or court, for a term of six months to five years.

j) A fine of more than three months.

k) A proportional fine, whatever its amount, save as provided in paragraph 7 of this article.

l) Community service of thirty one days to one year.

4. The following are minor penalties:

a) Deprivation of the right to drive motor vehicles and mopeds of three months to one year.

b) Deprivation of the right to possess and carry weapons of three months to one year.

c) Special disqualification from the exercise of a profession, trade or business connected with animals and from the keeping of animals, of three months to one year.

d) Deprivation of the right to reside in or to attend certain places, for a term of less than six months.

e) The prohibition on approaching the victim or those of the relatives of the victim or other persons determined by the judge or court, for a term of one month to less than six months.

f) The prohibition on communicating with the victim or with those of the relatives of the victim or other persons determined by the judge or court, for a term of one month to less than six months.

g) A fine of up to three months.

h) Permanent location of one day to three months.

i) Community service of one to thirty days.

5. Subsidiary personal liability for the non payment of a fine shall be of a less serious or minor nature, according to that which corresponds to the penalty which it replaces.

6. Accessory penalties shall have the duration which the principal penalty respectively has, save as expressly provided by other provisions of this Code.

7. The penalties applicable to legal persons, all of which are regarded as serious, are the following:

a) A fine by quotas or a proportional fine.

b) Dissolution of the legal person. Dissolution shall produce the definitive loss of its legal personality, as well as of its capacity to act in any way in legal relations or to carry out any kind of activity, even a lawful one.

c) Suspension of its activities for a period which may not exceed five years.

d) Closure of its premises and establishments for a period which may not exceed five years.

e) Prohibition on carrying out in the future the activities in the exercise of which the offence was committed, favoured or concealed. That prohibition may be temporary or definitive. Where it is temporary, the period may not exceed fifteen years.

f) Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying tax or social security benefits and incentives, for a period which may not exceed fifteen years.

g) Judicial intervention in order to safeguard the rights of the workers or of the creditors for such time as is considered necessary, which may not exceed five years.

The intervention may affect the whole of the organisation or be limited to some of its installations, sections or business units. The judge or court shall, in the judgment or subsequently by order, determine exactly the content of the intervention and shall determine who is to take charge of the intervention and the periods within which reports of follow up are to be made to the judicial body. The intervention may be modified or suspended at any time after a report from the intervener and from the public prosecutor. The intervener shall have the right of access to all the installations and premises of the undertaking or legal person and to receive such information as is considered necessary for the exercise of the functions of that office. The aspects relating to the exercise of the function of intervener, such as remuneration or the necessary qualification, shall be determined by regulation.

The temporary closure of the premises or establishments, the suspension of corporate activities and judicial intervention may also be ordered by the investigating judge as a precautionary measure during the investigation of the case.

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.