2026 repeat-offending reform

Includes correction of errors published in BOE No. 88, April 10, 2026. Ref. BOE-A-2026-8020

FELIPE VI

KING OF SPAIN

To all who see and understand the present.

Know: That the Cortes Generales have passed and I come to sanction the following organic law:

PREAMBLE

I

The repetition of offences against property and other minor offences has revealed, in recent years, certain dysfunctions in the effectiveness of the criminal response. Various professional bodies have pointed out that multi-recidence has a significant impact on the coexistence and perception of security of the citizenry, as well as operational difficulties in the police and judicial fields.

This is compounded by the concern expressed by many mayors, who note an increase in repeated criminal behaviour that directly affects local trade, economic activity and, in particular, the security and tranquillity of the neighbours. Local authorities, which are often the first to perceive these effects, have called for a more agile and adequate response to multi-recident behaviour, as well as legal instruments to strengthen the effectiveness of police and judicial proceedings.

In order to remedy this situation, in 2022 it was amended to Spanish Criminal Codea new paragraph was added to article 234 (2), aimed at providing a criminal response to petty multi-recident thefts. The present reform solves certain interpretative and practical problems, ensuring a consistent regulation between the multirecidence of such minor offences and the basic concept of recidivism, in order to guarantee the principles of legality and legal certainty and with full respect for the principle of proportionality of the penalty.

II

This reform aims to improve the penal regulation on offences against property and against the socio-economic order provided for in chapter I and chapter VI of the Convention. Title XIII of Book II of the Penal Codeand to adapt it to case law requirements and to the need to provide a balanced and effective response to multi-recidence. For this reason, changes are being made to the Articles 22, 66, 80, 234, 235, 248 and 250 of the Criminal Codewith particular attention to the treatment of history and the definition of new aggravated assumptions.

A specific aggravated assumption for the theft of mobile phones is foreseen. Also for those electronic devices that, by their very nature, are susceptible to contain personal information, identifying data, activity records and access to banking or communication services. In the case of mobile phones, in addition to being the objects most frequently removed in public space, their loss always generates damages that exceed the material value of the device, seriously affecting privacy, incommunicado situations, data security, essential communication and the daily life of the victim. This uniqueness, as well as the significant social impact it produces, warrants specific criminal treatment.

The aggravated type of theft in the agricultural and livestock holdings is also modified. The repetition of subtractions of products, tools and materials essential for agricultural activity – often of low resale value but of high replacement cost – has placed these sectors in a remarkable situation of vulnerability. The damage caused by the removal of tools or installations, as well as crops, causes serious operational damage in a sector essential to the territorial balance and sustainability of the rural environment. For this reason, the requirement to assess the aggravated rate of Article 235.1.4.o is simplified, so that it is sufficient to demonstrate that the value of the subtracted amount exceeds EUR 400, avoiding litigation on the seriousness of the injury and giving the penal system greater effectiveness in protecting agricultural and livestock activity.

In addition, the amendment of the Articles 248 and 250 of the Criminal Code to update the regulation of the minor offence of fraud, in view of its increase in recent years, especially in ways that affect older persons and other vulnerable groups. These often repeated, low-value, individual behaviours with a significant economic impact require a more precise and coherent regime to provide an effective criminal response to cases of multi-recidence in this area.

In addition, it also amends Article 568 of the Criminal Code incorporating a second section to respond to the practice commonly known as petaqueo.

In addition, in order to avoid criminal repetition and to strengthen the protection of victims from the early stages of the procedure, the Articles 13 and 544 bis of the Criminal Procedure Actto ensure that courts can take more effective personal precautionary measures, including the prohibition of access to or residence in certain places.

Finally, the involvement of local authorities in the institutional response to theft offences is strengthened by the introduction of a new paragraph 3 in the Article 105 of the Criminal Procedure Actwhich gives them the right to institute criminal proceedings in such cases. This measure responds to the need to provide municipalities – administrations that suffer immediately from the effects of multi-recidence – with legal tools that allow them to contribute effectively to the prosecution of crimes that affect coexistence and neighborhood security.

This reform aims, on the whole, to ensure a clearer and more coherent application of criminal law, to strengthen legal certainty and to ensure that the institutional response to multi-recidence is proportionate, effective and respectful of fundamental rights.

Article 1. Amendment of Spanish Criminal Procedure Act approved by Royal Decree of 14 September 1882.

The Spanish Criminal Procedure Act approved by Royal Decree of 14 September 1882, as follows:

One. Article 13 is amended as follows:

‘Article 13.

The first steps are to record the evidence of the offence that may disappear, to collect and place in custody as soon as it leads to its verification and identification of the offender, to arrest, where appropriate, those alleged to be responsible for the offence and to protect those offended or harmed by the offence, their relatives or other persons, or to prevent the recurrence of the offence, and the precautionary measures referred to in article 544 bis or the protection order provided for in article 544 ter of this law may be agreed to that effect.

In the investigation of offences committed via the Internet, the telephone or any other information or communication technology, the court may, as first steps, on its own initiative or at the request of a party, agree on precautionary measures consisting in the provisional withdrawal of illegal content, the provisional interruption of services offering such content or the provisional blocking of those contents when they are based abroad.’

Two. A paragraph 3 is added to Article 105 as follows:

‘3. Without prejudice to the provisions of the preceding paragraphs, local authorities may bring criminal proceedings for the offences of theft referred to in Chapter I of the Convention. Title XIII of Book II of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.»

Three. Article 544a is amended as follows:

‘Article 544a.

In cases where an offence referred to in the Article 57 of the Criminal Codethe judge or court may, on a reasoned basis and where strictly necessary for the purpose of protecting the victim or preventing the recurrence of a criminal offence, impose a precautionary prohibition on the accused to reside in a particular place, neighbourhood, municipality, province or other local entity, or autonomous community.

Under the same conditions, it may be cautiously prohibited from going to certain places, neighborhoods, municipalities, provinces or other local entities, or autonomous communities, or from approaching or communicating, at the appropriate level, to certain persons.

The economic situation of the accused and the requirements of his health, family situation and work shall be taken into account in the adoption of these measures. Particular attention shall be paid to the possibility of continuity of the latter, both during the duration of the measure and after its completion.

In the event of failure by the accused to comply with the measure agreed upon by the judge or court, the judge or court shall call for the appearance of the person under article 505 for the adoption of the pretrial detention within the meaning of article 503 of the order for protection provided for in article 544 ter or of another precautionary measure involving a greater limitation of his personal freedom, for which account shall be taken of the incidence of the breach, its grounds, gravity and circumstances, without prejudice to the responsibilities that may result from the breach.

In the event of investigation of any of the offences referred to in Article 3 of Organic Law 10/2022 of 6 SeptemberIf any of the measures for the protection of the victim provided for in this provision are agreed, the use of telematic devices to monitor compliance may be agreed upon by reasoned decision.'

Article 2. Amendment of Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Code.

The Organic Law 10/1995 of 23 November 1995, of Spanish Criminal Codeas follows:

One. The third paragraph of paragraph 8a of Article 22 is amended to read as follows:

‘8.a Be reoffending.

There is a repeat offence where, when committing a crime, the offender has been convicted executoryly of an offence falling within the same title of this code, provided that it is of the same nature.

For the purposes of this number, the criminal record cancelled or due to be a criminal record shall not be counted, nor those corresponding to minor offences, except as provided for the types aggravated by multi-recidence of minor offences.

The final convictions of judges or courts imposed in other European Union States shall have the effect of recidivism unless the criminal record has been or could have been cancelled under Spanish law.’

Two. Article 66(2) is amended as follows:

‘2. In the case of minor offences and reckless offences, the judges or courts shall apply the rules to their prudent discretion, without being subject to the rules prescribed in the preceding paragraph, except for the provisions for the types aggravated by multi-recidence of minor offences.’

Three. Rule 1a of Article 80(2) is amended as follows:

‘1.a The convicted person has committed a crime for the first time. For this purpose, previous convictions for negligent offences or minor offences shall not be taken into account, unless they constitute a type aggravated by multi-reciprocal minor offences, or criminal records that have been or should have been cancelled pursuant to article 136. Nor shall criminal records be taken into account for offences which, by their nature or circumstances, lack relevance in assessing the likelihood of future offences.’

Four. Article 234(2) is amended as follows:

‘2. A fine of between one and three months shall be imposed if the amount of the missing person does not exceed 400 euros, unless one of the circumstances of article 235 is present. However, in the event that the guilty party has been convicted executory for at least three offences of the same nature, covered by this Title, and being at least one of them minor, the penalty provided for in paragraph 1 of this Article shall be imposed.

No account shall be taken of the criminal record which has been or should have been cancelled.’

Five. The fourth and seventh subparagraphs are amended and a tenth subparagraph in Article 235(1) is added as follows:

‘4.o In the case of agricultural or livestock products, or the instruments or means used to obtain them, provided that the offence is committed on agricultural or livestock holdings, and the value of the stolen goods exceeds EUR 400.’

‘7.o Where the offender has been convicted of at least three less serious or serious offences covered by this title, provided that they are of the same nature. The records cancelled or due shall not be taken into account.’

"10.o When the stolen objects were mobile phones. Likewise, any other mobile communication device, or mass storage of digital information capable of containing personal data and information. For the purposes of this paragraph, those for sale, storage or exhibition in commercial establishments shall not be considered to be included.’

Six. Article 248 is amended as follows:

‘Article 248.

Fraud is committed by those who, for profit, use deception enough to cause error in another, inducing it to perform an act of disposition to the detriment of themselves or others.

Swindlers shall be punished by imprisonment for six months to three years. The amount of the fraud, the economic damage caused to the injured party, the relations between the injured party and the fraudster, the means employed by the fraudster and all other circumstances shall be taken into account in determining the seriousness of the offence.

If the amount of the fraud does not exceed 400 euros, the penalty shall be a fine of one to three months, unless one of the circumstances of article 250 is present. However, in the event that the guilty party has been convicted executory for at least three offences of the same nature, covered by this chapter, and being at least one of them minor, the penalty provided for in the second paragraph of this article shall be imposed. No account shall be taken of the criminal record which has been or should have been cancelled.’

Seven. Article 250(1), paragraph 8, is amended as follows:

‘8. The guilty party would have been convicted of at least three less serious or serious offences covered by this chapter, provided that they were of the same nature. The records cancelled or due shall not be taken into account.’

Eight. A new paragraph 3 is added to Article 255, which shall read as follows:

‘3. Where the fraud referred to in this Article, whatever its amount, is committed for the purpose of supplying electrical energy facilities used for the commission of any of the acts referred to in Article 368, the penalty shall be imprisonment from six to eighteen months or a fine from twelve to twenty-four months.’

Nine. A paragraph 2 is added to Article 568 with the following wording, with the current content of the article being paragraph 1:

‘2. In the case of the preceding paragraph, where the flammable substance is a liquid fuel, the penalty shall be three to five years ' imprisonment. In this case, the courts may impose the lowest penalties to a degree in the case of conduct of a minor entity, taking into account the circumstances of the act and the perpetrator”.

Transitional provision. Applicable legislation.

Crimes committed until the date of entry into force of this organic law shall be tried in accordance with the criminal law in force at the time of their commission. Notwithstanding the above, this organic law shall apply once it enters into force if its provisions are more favourable to the offender, even if the acts were committed prior to its entry into force.

Final provision one. Judicial plant.

1. Within two years of the publication of this organic law, the Superior Courts of Justice of each autonomous community shall have at least one judge of territorial secondment per hundred thousand inhabitants.

2. These positions will be provided through the incorporation of new promotions for new members of the judicial career.

3. The order for secondment to each High Court of Justice shall be established with priority given to the autonomous communities whose ratio of judges is further from the average of the European Union, and in any case the progressive adjustment of the whole of autonomous communities shall be guaranteed for the period provided for.

Final provision two. Competence degree.

This organic law is established under the exclusive powers of the State contained in article 149.1.5.a and 6.a of the Constitution. the Constitution, relating to the administration of justice, criminal legislation and procedural legislation, respectively.

Final provision three. Normative range.

Article 1(2) and the first final provision are ordinary law.

Final provision four. Entry into force.

This organic law shall enter into force on the day following its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, private individuals and authorities to keep and enforce this organic law.

April 8, 2026.

FELIPE R.

The President of the Government,

PEDRO SÁNCHEZ PÉREZ-STEJON

Date in accordance with the bug correction published in BOE No. 88, April 10, 2026. Ref. BOE-A-2026-8020