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Criminal penalties in Spain
Checked in October 2026 against the Código Penal (Ley Orgánica 10/1995), consolidated text on the BOE.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Spain sets penalties
- A prison sentence lasts between 3 months and 20 years, unless another article says otherwise (art. 36). The code sorts penalties as 'graves' (prison of more than 5 years), 'menos graves' (3 months to 5 years) and 'leves' (art. 33).
- Since 2015 Spain has had 'prisión permanente revisable', reviewable permanent imprisonment, for the gravest murders and a few other crimes. The court suspends it only after 25 years have been served, if the person is in the third prison grade and the court finds a favourable prognosis (art. 92). Release to the third grade cannot come before 15 years (20 for terrorism offences) (art. 36).
- Where a person is convicted of several offences, the actual time served cannot exceed three times the most serious penalty, and no more than 20 years in most cases (25, 30 or 40 years in the cases listed in art. 76).
- Mitigating circumstances, such as acting from a passion or an obsession of overwhelming force (art. 21.3), lead the court to a lower penalty inside or below the range. The ranges here are the code's own.
- Fines are set in 'months' of a daily amount and are not shown.
Death penalty: No. Spain abolished the death penalty, and its Constitution (Article 15) forbids it except in time of war under military law.
Read the Spain legal-system profile in the Legal Families Atlas →
First-degree murder
15 to 25 years (asesinato), or reviewable permanent imprisonment in the gravest cases
Asesinato (murder with treachery, for reward, with cruelty, or to facilitate or hide another crime) (Pena grave (prison of more than 5 years))
- Least
- 15 years
- Most
- 25 years
Asesinato with more than one of those circumstances (Pena grave (prison of more than 5 years))
- Least
- The upper half of 15 to 25 years
- Most
- 25 years (the upper half of the range, so 20 years or more)
Asesinato of a child under 16 or a particularly vulnerable person, after a sexual crime against the victim, by a member of a criminal group, or of more than two victims (Prisión permanente revisable (reviewable permanent imprisonment))
- Least
- No minimum term set by the statute
- Most
- Reviewable permanent imprisonment
The court can suspend it only after at least 25 years in prison (art. 92); longer in some cases.
Spain has no 'degrees' of murder. 'Asesinato' is the closest to first-degree murder: a killing with treachery, for a price or reward, with cruelty, or to facilitate or hide another crime.
Second-degree murder
10 to 15 years
Homicidio (killing another person) (Pena grave (prison of more than 5 years))
- Least
- 10 years
- Most
- 15 years
A higher penalty applies in the cases listed in art. 138(2), including an attack on a public authority.
'Homicidio', killing another person without the circumstances of asesinato, is the closest to second-degree murder.
Voluntary manslaughter
1 to 4 years (killing by grave negligence); homicidio reduced by a passion or an obsession
Homicidio imprudente (killing by grave negligence) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 4 years
Together with a driving ban of 1 to 6 years if a motor vehicle was used, and a ban on carrying weapons if a firearm was used.
Homicidio with the mitigating circumstance of passion or obsession (Pena grave (prison of more than 5 years))
- Least
- 10 years, lowered by the court
- Most
- The penalty of homicidio (up to 15 years), lowered by the court
Spain has no separate offence of voluntary manslaughter. A killing under overwhelming passion or obsession is homicidio, and the mitigating circumstance of art. 21.3 lowers the penalty. A killing by grave negligence is shown as the nearest separate offence.
Robbery
2 to 5 years (robbery with violence or intimidation), raised where a weapon is used
Robo con violencia o intimidación (robbery with violence or intimidation against people) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 2 years
- Most
- 5 years
The same, in an inhabited house or a building open to the public (Pena menos grave (prison of 3 months to 5 years))
- Least
- 3 years and 6 months
- Most
- 5 years
The same, using weapons or other equally dangerous means (Pena grave (prison of more than 5 years))
- Least
- The upper half of the range above
- Most
- The upper half of the penalties above
Spanish 'robo' covers both force against things (breaking in, which is burglary) and violence or intimidation against people (robbery).
Burglary
1 to 3 years (robbery with force on things) up to 2 to 5 years (inhabited house)
Robo con fuerza en las cosas (robbery with force on things) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 3 years
Robo in an inhabited house, or a building or premises open to the public, or its outbuildings (Pena menos grave (prison of 3 months to 5 years))
- Least
- 2 years
- Most
- 5 years
1 to 5 years for an establishment open to the public, if done outside opening hours.
Robo con fuerza en las cosas with the aggravating circumstances of art. 235 (valuables, special value, serious damage and others) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 2 years
- Most
- 5 years
Robo con fuerza en las cosas covers climbing in, breaking a wall, door or window, forcing closed furniture, using false keys, and disabling alarms.
Arson
1 to 3 years (damage by fire) up to 10 to 20 years (a fire endangering life)
Daños por incendio (damage by fire or explosion) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 3 years
Incendio forestal (burning woods or forest land) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 5 years
- Fine
- Fine of 12 to 18 months
Incendio forestal of especial gravedad (Pena grave (prison of more than 5 years))
- Least
- 3 years
- Most
- 6 years
- Fine
- Fine of 18 to 24 months
Incendio causing danger to the life or physical integrity of people (Pena grave (prison of more than 5 years))
- Least
- 10 years
- Most
- 20 years
The court may impose a lower penalty where the danger was small.
Aggravated assault
3 months to 3 years (lesiones) up to 6 to 12 years (loss of a main organ or limb)
Lesiones (injury needing medical or surgical treatment) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 3 months
- Most
- 3 years
- Fine
- A fine of 6 to 12 months may be imposed instead
Lesiones agravadas (with weapons or dangerous means, treachery or cruelty, of a child under 14, or of a partner) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 2 years
- Most
- 5 years
Lesiones causing the loss or uselessness of a non-principal organ or limb, or deformity (Pena grave (prison of more than 5 years))
- Least
- 3 years
- Most
- 6 years
Lesiones causing the loss or uselessness of a principal organ or limb or a sense, sterility, serious deformity, or a serious illness (Pena grave (prison of more than 5 years))
- Least
- 6 years
- Most
- 12 years
Rape and sexual assault
1 to 4 years (agresión sexual) up to 12 to 15 years (violent rape in an aggravated case)
Agresión sexual (any sexual act without consent) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 4 years
Agresión sexual with violence or intimidation, or where the victim's will was annulled (Pena menos grave (prison of 3 months to 5 years))
- Least
- 1 year
- Most
- 5 years
Violación (agresión sexual by penetration) (Pena grave (prison of more than 5 years))
- Least
- 4 years
- Most
- 12 years
Violación with violence or intimidation, or where the victim's will was annulled (Pena grave (prison of more than 5 years))
- Least
- 6 years
- Most
- 12 years
Violación in an aggravated case (acting jointly, extreme violence and others) (Pena grave (prison of more than 5 years))
- Least
- 7 years
- Most
- 15 years
12 to 15 years where the rape also involved violence or intimidation (art. 179(2)).
Since the 2022 law, Spain treats every non-consensual sexual act as agresión sexual. 'Violación' is an agresión sexual with vaginal, anal or oral penetration (or introducing body parts or objects into the first two). The aggravating circumstances of art. 180 include acting jointly, extreme violence, and a particularly vulnerable victim.
Kidnapping
4 to 6 years (detención ilegal) up to 6 to 10 years (secuestro), and more where longer or aggravated
Detención ilegal (a private person who confines or detains another) (Pena grave (prison of more than 5 years))
- Least
- 4 years
- Most
- 6 years
A lower penalty if the victim is freed within three days without the aim being achieved.
The same, lasting more than 15 days (Pena grave (prison of more than 5 years))
- Least
- 5 years
- Most
- 8 years
Secuestro (kidnapping a person while demanding a condition for their release) (Pena grave (prison of more than 5 years))
- Least
- 6 years
- Most
- 10 years
A higher penalty if it lasted over 15 days. The penalties of arts. 163 to 164 apply in their upper half where the offender simulated authority, or the victim is a minor, a person with a disability or a public official (art. 165).
Embezzlement
6 months to 3 years (apropiación indebida), up to 1 to 6 years in aggravated cases
Apropiación indebida (keeping money or property received in deposit, commission or custody) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 6 months
- Most
- 3 years
Punished with the penalties of estafa (art. 248).
Administración desleal or apropiación indebida with the aggravating circumstances of art. 250 (Pena grave (prison of more than 5 years))
- Least
- 1 year
- Most
- 6 years
- Fine
- Fine of 6 to 12 months
Spain has two offences: 'apropiación indebida' (keeping money or property held in trust) and 'administración desleal' (disloyal management of another's assets). Both are punished as estafa (fraud), with the penalties of arts. 248 and 250. Where the amount is not more than 400 euros, a fine is imposed instead.
Forgery
6 months to 2 years (private document) up to 3 to 6 years (public official)
Falsedad en documento privado (forgery in a private document) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 6 months
- Most
- 2 years
Falsedad en documento público, oficial o mercantil by a private person (Pena menos grave (prison of 3 months to 5 years))
- Least
- 6 months
- Most
- 3 years
- Fine
- Fine of 6 to 12 months
Falsedad documental by a public authority or official in the exercise of their functions (Pena grave (prison of more than 5 years))
- Least
- 3 years
- Most
- 6 years
- Fine
- Fine of 6 to 24 months, and special disqualification for 2 to 6 years
Drunk driving, first offence
3 to 6 months in prison, or a fine, or community work, and a driving ban of over 1 and up to 4 years
Conducción bajo la influencia de alcohol o drogas (driving under the influence of alcohol or drugs) (Pena menos grave (prison of 3 months to 5 years))
- Least
- 3 months in prison
- Most
- 6 months in prison
- Fine
- Or a fine of 6 to 12 months, or community work of 31 to 90 days. In every case a driving ban of more than 1 and up to 4 years.
The offence is made out by an alcohol level above 0.60 milligrams per litre of exhaled air or above 1.2 grams per litre of blood, or by driving under the influence of drink or drugs. The court chooses one of the three penalties and always adds the driving ban.
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