Article 573 Spanish Criminal Code: Definition of terrorism offences

Article 573 defines a terrorism offence as the commission of any serious offence against the interests which it lists where it is carried out with one of four purposes, among them subverting the constitutional order, seriously disturbing public peace or provoking a state of terror in the population.

Wording of Article 573 of the Spanish Criminal Code

Elements of the offence

1. A serious offence against one of the interests exhaustively listed in paragraph 1, or one of the computer offences of paragraph 2.
2. One of the four purposes listed in paragraph 1, which is the element which converts the underlying offence into a terrorism offence.
3. That the offence be a serious one, which excludes less serious and minor offences from the definition.
4. In the case of paragraph 3, that the conduct be one of those defined in the chapter, which are terrorism offences by definition.

Defence strategy

Absence of the terrorist purpose. The whole definition rests upon the purpose pursued. Establishing that the conduct responded to a personal, economic or ideological motive without any of the four purposes listed removes the terrorist classification and returns the case to the ordinary frames and to the ordinary courts.

Seriousness of the underlying offence. Paragraph 1 is confined to serious offences. Where the underlying offence is a less serious one, the definition does not apply, which has immediate consequences for jurisdiction and for the applicable procedure.

Jurisdiction of the National Court. The classification determines the jurisdiction of the National Court. Contesting it at the outset, by way of the declinatory of jurisdiction, affects not only the penalty but the whole procedural framework and the enforcement regime.

Individualisation of the contribution. Where the accused is charged as part of a group, the contribution of each person must be established separately. Establishing the absence of any knowledge of the purpose pursued by others excludes the terrorist classification in respect of that accused.

• Article 577 CP: collaboration with a terrorist organisation
• Article 570 bis CP: criminal organisations
• Terrorism offences defence in Spain
• Defence before the National Court

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.