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Article 376 of the Spanish Criminal Code: sentence reduction for cooperation and for completed drug treatment
Quick answerArticle 376 allows courts to impose a sentence one or two degrees below the statutory range on a defendant who voluntarily abandons criminal activity and cooperates actively with the authorities, and also on a drug-dependent defendant who proves successful completion of a rehabilitation programme, provided the quantity is neither of notable importance nor of extreme gravity.
This provision contains the two most significant privileged mitigating circumstances in the defence of offences against public health. The first responds to a criminal policy of rewarding cooperation, in line with articles 579 bis and 570 quáter for other forms of organised crime. The second reflects considerations of rehabilitation, consistent with article 25.2 of the Spanish Constitution. Both are discretionary for the court, which must give reasons in the judgment for granting or refusing them, and both produce a far greater effect on sentence than the general mitigating circumstances of article 21.
Also cited as: article 376 Spanish Criminal Code · art. 376 CP · Spanish Penal Code article 376 · artículo 376 del Código Penal.
Wording of the provision
In the cases provided for in articles 361 to 372, courts may, giving reasons in the judgment, impose a sentence one or two degrees below that laid down by law for the offence concerned, provided that the defendant has voluntarily abandoned his criminal activities and has actively cooperated with the authorities or their agents, either to prevent the commission of the offence, or to obtain decisive evidence for the identification or capture of other offenders, or to prevent the operation or development of the organisations or associations to which he has belonged or with which he has cooperated.
Likewise, in the cases provided for in articles 368 to 372, courts may impose a sentence one or two degrees below on a defendant who, being drug-dependent at the time of the offence, sufficiently proves that he has successfully completed a rehabilitation programme, provided that the quantity of toxic drugs, narcotics or psychotropic substances was neither of notable importance nor of extreme gravity.
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. A discretionary reduction of one or two degrees below the sentence laid down by law for the offence concerned, with an obligation to give reasons in the judgment.
Key facts
| Location | Book II, title XVII, chapter III of the Criminal Code, offences against public health |
|---|---|
| Nature | Discretionary privileged mitigating circumstance, applied with reasons |
| First limb | Voluntary abandonment of the activity and active cooperation, in articles 361 to 372 |
| Second limb | Proven rehabilitation of a drug-dependent defendant, in articles 368 to 372 |
| Limit of the second limb | The quantity must be neither of notable importance nor of extreme gravity |
| Effect | Sentence one or two degrees below the statutory range |
| Current wording | Sole article 198 of Organic Act 1/2015 of 30 March, in force since 1 July 2015 |
Elements and scope
- Voluntary abandonment of criminal activities, understood as an effective cessation and not one merely imposed by arrest, although case law accepts it where cessation follows police intervention and is accompanied by effective cooperation.
- Active cooperation with the authorities or their agents, directed to preventing the offence, obtaining decisive evidence to identify or capture other offenders, or preventing the operation of the organisation.
- The decisive and useful character of the information supplied, which the Second Chamber assesses by its results and not by the mere willingness to cooperate.
- Under the second limb, drug dependence at the time of the offence, established by medical or expert evidence.
- Successful completion of the rehabilitation programme, sufficiently proven by a certificate from the treatment centre and, preferably, by toxicological controls.
Points of application
Effective, not merely formal, cooperation. The Second Chamber of the Supreme Court requires the information supplied to have objective significance and to produce an appreciable result in the investigation. A confession limited to one’s own conduct, without any contribution regarding third parties or the structure of the organisation, is ordinarily dealt with under article 21.4.
Timing of the cooperation. Although the provision sets no time limit, case law weighs the promptness of the cooperation and its usefulness to the ongoing investigation. A late contribution, once the facts are already established, loses its mitigating effect.
Notable importance and extreme gravity. The second limb is excluded where the aggravated form of article 369.1.5 or that of article 370 applies. The thresholds of notable importance are determined under the non-jurisdictional plenary agreement of the Second Chamber of 19 October 2001, based on five hundred daily consumption doses.
Proof of rehabilitation. Beginning or following a programme is not enough: the provision requires its successful completion, sufficiently proven. Practice accepts a certificate from the centre together with negative toxicological controls and a report on adherence.
Compatibility with other mitigating circumstances. Application of article 376 does not preclude the general mitigating circumstances of article 21, in particular confession and reparation, whose combined effect may support a further reduction under article 66.1.2.
Defence strategy
Document the cooperation from the outset. The specific content of the information supplied and the results obtained should be recorded in the police report and in the statement before the judge, with an express request that the police report on its usefulness be added to the file.
Establish drug dependence at the time of the offence. The forensic physician’s report, the treatment history and reports from the addiction unit are the evidential basis. Dependence arising afterwards does not serve the purposes of the provision.
Prepare the certificate of successful discharge. A completion report should be obtained from the centre, stating the programme followed, its duration and the controls carried out, and filed before the trial.
Dispute notable importance. Challenging the purity report and the calculation of base substance may place the quantity below the threshold and open the second limb of the provision.
Request express reasons. As a power subject to reasoning, an unreasoned refusal of the reduction may be challenged for breach of article 120.3 of the Constitution.
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
Is a confession enough to obtain the reduction?
No. The first limb requires active cooperation directed to preventing the offence, identifying or capturing other offenders, or dismantling the organisation. A confession limited to one’s own conduct falls under the general mitigating circumstance of article 21.4.
Does being in treatment help?
The provision requires successful completion of the programme, sufficiently proven. Ongoing treatment may support the analogous mitigating circumstance of article 21.7, but not the privileged reduction of article 376.
Is the reduction always granted where there is cooperation?
No. It is a power of the court, which must give reasons in the judgment. Case law looks to the objective usefulness of the cooperation and its actual impact on the investigation.
By how much can the sentence be reduced?
By up to two degrees below the statutory range. In an offence under article 368 concerning substances causing serious harm to health, the reduction may bring the sentence below two years and open suspension under article 80.
Is the reduction excluded where the quantity is large?
Only as regards the second limb, which requires the quantity to be neither of notable importance nor of extreme gravity. The cooperation limb contains no such quantitative limit.
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