Article 403 Spanish Criminal Code: Unlawful practice of a profession

Article 403 punishes the performance of acts proper to a profession without holding the corresponding academic qualification, with an aggravated frame where the offender publicly claims the professional status or operates from premises open to the public.

Wording of Article 403 of the Spanish Criminal Code

Elements of the offence

1. The performance of acts proper to a profession, which requires the identification of the acts reserved to that profession.
2. The absence of the corresponding academic or official qualification, issued or recognised in Spain.
3. In the case of paragraph 2(a), a public claim to the professional status.
4. In the case of paragraph 2(b), premises or an establishment open to the public in which the provision of those services is advertised.

Defence strategy

Whether the acts are reserved. The offence requires the acts to be proper to the regulated profession. Where the activity carried on is not exclusively reserved, or is shared with other professions, the objective element fails, and the sectoral regulation is the material to be examined.

Recognition of a foreign qualification. The provision requires a qualification issued or recognised in Spain. A pending recognition procedure, or a qualification which is automatically recognised under European Union law, excludes the offence, and the administrative file is decisive.

Public claim to the status. Paragraph 2(a) requires a public claim to the professional status. Using a generic description of the activity, without appropriating the reserved professional title, does not satisfy the aggravation which converts the fine into imprisonment.

Advertising by third parties. Paragraph 2(b) requires the provision of the services to be advertised at the premises. Advertising placed by third parties, or references on platforms which the accused does not control, does not satisfy that requirement without evidence of its origin.

• Article 390 CP: forgery of public documents by officials
• Professional intrusion and identity usurpation
• Document forgery in Spain
• Spoofing and identity theft in Spain

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.