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Article 577 Spanish Criminal Code: Collaboration with terrorism

Article 577 punishes any act of collaboration with the activities or purposes of a terrorist organisation, group or element, the recruitment, indoctrination and training of others, and the provision of instruction on explosives or weapons, with a reduced frame for gross negligence.

Wording of Article 577 of the Spanish Criminal Code

1. Whoever carries out, seeks or facilitates any act of collaboration with the activities or the purposes of a terrorist organisation, group or element, or in order to commit any of the offences covered by this Chapter, shall be punished with penalties of imprisonment of five to ten years and a fine of eighteen to twenty four months.

In particular, acts of collaboration are the provision of information on or the surveillance of persons, property or installations, the construction, fitting out, transfer or use of accommodation or depots, the concealment, harbouring or transfer of persons, the organisation of training practices or attendance at them, the provision of technological services, and any other equivalent form of cooperation with or assistance to the activities of the terrorist organisations or groups, or of the groups or persons referred to in the preceding subparagraph.

Where the provision of information on or the surveillance of persons mentioned in the preceding subparagraph places their life, physical integrity, liberty or property in danger, the penalty provided for in this paragraph shall be imposed in its upper half. If the impairment of any of those legal interests occurs, the act shall be punished as co perpetration or complicity, as the case may be.

2. The penalties provided for in the preceding paragraph shall be imposed upon those who carry out any activity of recruitment, indoctrination or training which is directed at, or which by its content is apt to incite, joining a terrorist organisation or group, or committing any of the offences covered by this Chapter.

Likewise, these penalties shall be imposed upon those who provide training or instruction on the manufacture or use of explosives, firearms or other weapons or harmful or dangerous substances, or on methods or techniques particularly suited to the commission of one of the offences of Article 573, with the intention or the knowledge that they are to be used for that purpose.

The penalties shall be imposed in their upper half, and may be raised to the next higher degree, where the acts provided for in this paragraph have been directed at minors or at persons with a disability in need of special protection, or at women who are victims of trafficking with the purpose of turning them into spouses, companions or sexual slaves of the perpetrators of the offence, without prejudice to the imposition of such further penalties as may correspond for the offences against sexual freedom committed.

3. If the collaboration with the activities or the purposes of a terrorist organisation or group, or in the commission of any of the offences covered by this Chapter, has occurred through gross negligence, a penalty of imprisonment of six to eighteen months and a fine of six to twelve months shall be imposed.

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.

Sentencing range. Imprisonment of five to ten years and a fine of eighteen to twenty four months, imposed in the upper half where the surveillance endangers the persons concerned or where the conduct is directed at minors, and reduced to six to eighteen months where the collaboration occurred through gross negligence.

Elements of the offence

  1. An act of collaboration with the activities or purposes of a terrorist organisation, group or element, or directed at the commission of one of the offences of the chapter.
  2. That the act fall within the forms of conduct listed, or within an equivalent form of cooperation or assistance.
  3. In paragraph 2, an activity of recruitment, indoctrination or training which is directed at, or apt to incite, joining the organisation or committing those offences.
  4. In the case of the provision of instruction, the intention or knowledge that it is to be used for the commission of the offences of Article 573.

Defence strategy

Objective character of the contribution. The offence requires an act which objectively favours the organisation. Personal, family or professional relations with members of the organisation, without any act of assistance, do not constitute collaboration, and the case law requires the specific contribution to be identified.

Reclassification as negligence. Paragraph 3 provides a frame of six to eighteen months for gross negligence. Where the accused provided a service, accommodation or transport without knowledge of the purpose, that reclassification reduces the exposure from ten years to a matter of months.

Aptness of the material to incite. The second modality of paragraph 2 requires the content to be apt to incite. The mere possession or consultation of material, without dissemination and without any act directed at a third party, does not satisfy the objective element.

Absence of an organisation. The offence presupposes a terrorist organisation, group or element. Where no such structure is established, the conduct falls at most within the individual offences of the chapter, and the charge of collaboration cannot stand.

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.

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.

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