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SCJE · legal resources

Guide to the Spanish Criminal Code, annotated by criminal lawyers

A practical map with a practitioner’s eye · Madrid and Alicante

The articles that decide cases, annotated by criminal defence lawyers: the general part, offences and penalties, with the applicable defence for each.

In brief. This guide walks the Criminal Code with a law firm’s criterion: each entry comments on the applicable articles, the penalties and the defence lines that actually work. It is not a substitute for advice on a specific case, but it lets you locate your matter and understand its coordinates before the first consultation.

How to use this guide

Book I
The general part (Arts. 1-137): the rules of the game that decide as much as the offences.
2026
Updated to Organic Laws 1/2025 and 1/2026, and reviewed by the team.
EN
Each entry links to our English-language analysis of the offence and its defence.

A practical map of the Criminal Code

This guide traverses the Criminal Code with a practitioner’s criterion: each entry comments on the applicable articles, the penalty frameworks and the defence lines that actually operate before the courts. The general part comes first, because limitation, suspension of sentences, civil liability and confiscation decide as many cases as the offences themselves.

The guide is a map, not advice: each linked page develops the offence in depth, and every case demands individual analysis. If your matter appears here, the coordinates will help you understand your position before the first consultation.

The map

The Code, book by book

Arts. 1-137

General part: the rules of the game

Limitation and extinction of liability, suspension of sentences, security measures, civil liability and confiscation: the transversal rules that decide cases across every offence.
Arts. 138-177

Persons and liberty

Homicide and murder, injuries, unlawful detention and kidnapping, threats and coercion, stalking, moral integrity and gender violence: the offences against the person and their technical defences.
Arts. 178-233

Sexual liberty, privacy and family

Sexual offences, offences against minors, privacy and disclosure of secrets, defamation, unpaid support, child abduction and family abandonment.
Arts. 234-304

Property and the economic order

Theft and robbery, extortion, fraud in all its forms, misappropriation, disloyal administration, insolvencies, corporate offences, intellectual and industrial property and money laundering.
Arts. 305-318

Tax, Social Security and workers

Tax and subsidy fraud, offences against Social Security and against workers’ rights, including workplace accidents.
Arts. 319-385

Planning, environment and safety

Planning and environmental offences, fires, and offences against collective safety including road-traffic crime.
Arts. 386-445

Forgery and the administration

Document forgery, corruption, misappropriation of public funds, misfeasance and the offences of the municipal file.
Arts. 446-580

Justice, order and organisations

Offences against the administration of justice including false accusation, assault and resistance, public disorder, criminal organisations and hate crimes.
Speciality

Technological crime and digital evidence

Cybercrime, identity theft, digital evidence at trial, messaging as evidence, European warrants and extradition: the firm’s core speciality.
Quick reference

The transversal rules at a glance

QuestionArticlesRuleOur page
Limitation of offences131-1321 to 20 years by penaltyLimitation and extinction of liability
Suspension of sentences80-87Up to 2 years, first offendersSuspension of the sentence
Negotiated judgments801 LECrimOne-third reductionFast-track trials
Civil liability109-122Within the criminal caseEach offence page
Confiscation127-127 octiesIncluding extendedCriminal organisations
Corporate liability31 bisExemption through complianceCorporate criminal liability
Records136Cancellation by periodLimitation and extinction
Appeals790-961Appeal, cassation, amparoCassation and amparo pages

This guide is informative and does not replace the analysis of a specific case.

The firm

Annotated by those who litigate it

Every entry in this guide is written by the lawyers who litigate the matter: economic and technological criminal law, corporate liability, appeals and urgent assistance. The English-language cluster mirrors our Spanish analyses so that international clients can locate their matter, understand the penalty framework and the realistic defences, and arrive at the first consultation with the coordinates clear.

01

Legal intelligence

02

Case-law analytics

03

Digital evidence · e-forensic

04

Procedural strategy

How to proceed

From the guide to the consultation

Phase 01

Locate your matter in the map

Phase 02

Read the linked analysis

Phase 03

Gather the documents indicated

Phase 04

Confidential consultation

Who this guide serves

A map for every reader

P

Persons under investigation

Those who need to understand the offence charged, its penalties and the realistic defences before deciding anything.

V

Victims

Those weighing a complaint: what the offence requires, what evidence decides and what can realistically be obtained.

E

Companies

Businesses mapping criminal exposure: corporate liability, compliance and the offences of the corporate sphere.

L

Foreign residents

International clients needing the Spanish system explained in English, with every page of this cluster at their disposal.

FAQ

Frequently asked questions

Is this guide legal advice?
No. It is an informative map annotated by practitioners, updated to the recent reforms. Every case requires individual analysis: the guide helps you arrive at the first consultation with the coordinates clear.
How current is the content?
The guide is updated to Organic Laws 1/2025 and 1/2026 and reviewed periodically by the team. Each linked page states its own legal framework.
My offence is not in the map. What do I do?
The map covers the offences we litigate most, but the firm handles the whole of criminal law. Contact us with your matter and we will tell you the applicable framework.
Do you have tools for computing deadlines and penalties?
The Spanish version of this guide links calculators for limitation, negotiated-judgment reductions and day-fines. For English-speaking clients we run those computations in consultation.
Can I rely on the penalty ranges shown?
The ranges reproduce the Code in force, but the penalty actually imposed depends on degrees of completion, aggravating and mitigating circumstances and the facts. Use them as orientation, never as a prediction.
How do I get specific advice?
Through a confidential consultation at our Madrid or Alicante offices, by video call or urgently on the 24-hour line. Bring the documents each page indicates for your type of matter.

Speak to a criminal lawyer

In a fast-track case, the days you have are the case.

Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.

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info@societejuridique.com

Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.

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