Case law
Criminal Chamber case notes, related to criminal services and linked to official sources.
The dThe Supreme Court chips are editorial synthesis supported by official CGPJ notes; the resolution identified by ECLI is linked and, when available in the file, its official PDF. The Constitution retains its published synthesis. Each matter should be read with the law applicable to its facts and subsequent reforms.
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Supreme Court · Second Room · 2026
The court upheld a conviction for gender-based coercion after a husband cancelled electricity to the home occupied by his wife following separation. It considered his purpose of forcing her to leave.
ECLI:ES:TS:2026:2963
Read moreSupreme Court · Second Room · 2026
The court upheld liability for inducing disclosure of confidential data and for bribery, while reducing the sentence for particularly serious undue delay. The official note distinguishes the offences and the mitigation.
ECLI:ES:TS:2026:1301
Read moreSupreme Court · Second Room · 2026
The court rejected a request to split a driving disqualification into separate periods. The penalty must run continuously; the law does not provide intervals during which the person may resume driving.
ECLI:ES:TS:2026:431
Read moreSupreme Court · Second Room · 2025
The plenary court upheld organised-trafficking convictions and examined communications intercepted under judicial authority in France and introduced through a European Investigation Order. It considered their acquisition, transmission and attribution to the defendants.
ECLI:ES:TS:2025:4526
Supreme Court · Second Room · 2025
The classification as intentional homicide was upheld for the driver who caused a death during a street race. The Supreme Court corrected the repeat-offending aggravation, distinguishing the road-safety offence from homicide.
ECLI:ES:TS:2025:3316
Read moreSupreme Court · Second Room · 2025
The Supreme Court convicted a driver of exceeding the criminal speed threshold on a motorway. The official note discusses the speed measurement, its margin of error, the fine and the driving disqualification.
ECLI:ES:TS:2025:186
Read moreSupreme Court · Second Room · 2024
The court found gross negligence where a potentially dangerous dog, loose and without a muzzle, injured a child. It considered the duty to control the animal and the known risk to others.
ECLI:ES:TS:2024:3623
Read moreSupreme Court · Second Room · 2024
The Supreme Court upheld convictions for serious coercion and an offence against the administration of justice during a campaign against a business. It considered the specific acts attributed to each participant.
ECLI:ES:TS:2024:3424
Read moreSupreme Court · Second Room · 2024
The court upheld a conviction for a sexual kiss imposed on a detained person through abuse of the officer’s position. It distinguished the legal classification at the time of the events from the later law.
ECLI:ES:TS:2024:3348
Read moreSupreme Court · Second Room · 2024
The court held that a person prohibited from approaching someone must leave after noticing a chance encounter. The restriction applies to the recipient of the order, not to the protected person.
ECLI:ES:TS:2024:3075
Read moreSupreme Court · Second Room · 2024
The court upheld convictions for cocaine distribution and money laundering. It distinguished the organisation’s structure from the involvement of individuals in particular incidents.
ECLI:ES:TS:2024:1912
Read moreSupreme Court · Second Room · 2024
The Supreme Court restored sexual-offence convictions that had been reclassified as minor coercion on appeal. It considered the nature of the proven touching while leaving another unproved incident outside the convictions.
ECLI:ES:TS:2024:1596
Read moreSupreme Court · Second Room · 2024
The Supreme Court upheld convictions for an especially serious burglary involving force at business premises. It emphasised the combined assessment of witness accounts and other evidence challenged by the defence.
ECLI:ES:TS:2024:173
Read moreSupreme Court · Second Room · 2024
The court upheld a bar operator’s conviction for passively witnessing a sexual attack on a semi-conscious customer. It examined the ability to intervene and the failure to prevent the offence.
ECLI:ES:TS:2024:172
Read moreSupreme Court · Second Room · 2023
The Supreme Court upheld negligent-injury convictions arising from conduct in a metro carriage that caused passengers to flee. It examined the danger created and the injuries suffered during the stampede.
ECLI:ES:TS:2023:4881
Read moreSupreme Court · Second Room · 2023
The Supreme Court set aside sexual-offence convictions because the evidence was insufficient and relevant defence expert evidence had not been adequately weighed. Other criminal liability discussed in the proceedings was not entirely removed.
ECLI:ES:TS:2023:3051
Read moreSupreme Court · Second Room · 2023
The Supreme Court reduced a sexual-offence sentence by applying the more favourable 2022 reform. It compared the old and new penalty ranges and the effect of mitigating factors on the individual sentence.
ECLI:ES:TS:2023:2426
Read moreSupreme Court · Second Room · 2023
The Supreme Court upheld a conviction for a sexual assault committed by a person caring for someone with a disability. It examined the sufficiency of the prosecution evidence and the criminal and civil consequences.
ECLI:ES:TS:2023:2023
Read moreSupreme Court · Second Room · 2023
The plenary court upheld an acquittal on threats because the intention that the words reach the intended recipient was not established. A dissenting opinion supported a different outcome.
ECLI:ES:TS:2023:1557
Read moreSupreme Court · Second Room · 2023
The Supreme Court revised the degree of mitigation for undue delay and applied the more favourable sexual-offences reform when setting the penalty. Correcting the mitigation increased the sentence imposed by the lower courts.
ECLI:ES:TS:2023:1556
Read moreSupreme Court · Second Room · 2023
The court upheld a conviction arising from wrong-way driving that ended in a fatal collision. It examined alcohol consumption, the danger created and the criminal classification of the outcome.
ECLI:ES:TS:2023:491
Read moreSupreme Court · Second Room · 2023
The Supreme Court upheld refusal to combine sentences because the chronological requirement was not satisfied. It examined the dates of the offences and the Judgments proposed for combination.
ECLI:ES:TS:2023:355
Read moreSupreme Court · Second Room · 2022
The court reduced a sentence because Organic Law 10/2022 was more favourable in that case. It compared the applicable regimes and maintained other rulings, with the additional consequences explained in the official note.
ECLI:ES:TS:2022:4848
Read moreSupreme Court · Second Room · 2022
The court set aside a conviction where medical data obtained without consent or judicial authorisation had enabled investigators to identify and link the defendant to the events. It examined whether the remaining evidence was sufficient.
ECLI:ES:TS:2022:4754
Supreme Court · Second Room · 2022
The Supreme Court upheld a conviction for driving with manifest disregard for others’ lives in conjunction with homicide. It considered the prolonged wrong-way journey, the fatal collision and the mitigating circumstances found.
ECLI:ES:TS:2022:2683
Read moreSupreme Court · Second Room · 2022
The Supreme Court upheld an instructor’s conviction for gross negligence after live ammunition was used in a demonstration and a student was injured. It examined the omitted firearms safety checks.
ECLI:ES:TS:2022:2543
Read moreSupreme Court · Second Room · 2022
The court acquitted association members accused of misappropriating its internet domain. Although the domain had economic value, the changes they made while holding office did not establish every element of the offence.
ECLI:ES:TS:2022:1464
Read moreSupreme Court · Second Room · 2022
The court upheld a conviction for sexual assault during a taxi journey. It examined the unwanted contact and restraint and the evidence assessed by the lower courts.
ECLI:ES:TS:2022:970
Read moreSupreme Court · Second Room · 2022
The court upheld injury convictions against a person who fired at a vehicle carrying intruders after an attack on his home. It applied an incomplete defence of overwhelming fear and also reviewed the intruders’ convictions.
ECLI:ES:TS:2022:947
Read moreSupreme Court · Second Room · 2022
The plenary court upheld an acquittal for driving without a licence after examining whether the vehicle was a personal mobility device or a moped. It called for clearer administrative classification.
ECLI:ES:TS:2022:572
Read moreSupreme Court · Second Room · 2021
The court reviewed the characteristics of habitual domestic abuse when examining convictions for family violence and other offences. It emphasised a continuing household climate of physical or psychological aggression.
ECLI:ES:TS:2021:3374
Read moreSupreme Court · Second Room · 2021
The court classified a prolonged sequence of messages as harassment because it seriously disrupted the recipient’s daily life. It restored that classification instead of the minor-coercion finding made on appeal.
ECLI:ES:TS:2021:2733
Read moreSupreme Court · Second Room · 2021
The plenary court upheld an adult’s liability for enabling a child to drive a vehicle while filming from outside. It examined participation in driving without ever having obtained a licence.
ECLI:ES:TS:2021:1379
Read moreSupreme Court · Second Room · 2021
The court convicted a nurse who accessed records of patients not assigned to her without a care-related justification. It examined access to personal and health data through the system available at her workplace.
ECLI:ES:TS:2021:1090
Read moreSupreme Court · Second Room · 2021
The defendant was convicted of failing to pay maintenance and remained liable for deliberately disposing of assets to avoid creditors. The Supreme Court emphasised the harm to children and the person meeting their care needs.
ECLI:ES:TS:2021:914
Read moreSupreme Court · Second Room · 2021
The court upheld a conviction for unauthorised access to a former friend’s medical record after their relationship had deteriorated. The investigation established the accesses made from the workplace.
ECLI:ES:TS:2021:743
Read moreSupreme Court · Second Room · 2021
The Supreme Court upheld convictions for sexual assault, habitual violence, threats and coercion against the defendant’s wife. It reviewed defence challenges to the credibility and consistency of her evidence.
ECLI:ES:TS:2021:600
Read moreSupreme Court · Second Room · 2020
The court upheld application of article 78 to calculate certain benefits and leave entitlements against the combined sentences, despite a maximum period of actual imprisonment. It reviewed the reasons given for that decision.
ECLI:ES:TS:2020:3779
Read moreSupreme Court · Second Room · 2020
The Supreme Court upheld a conviction for secretly recording female colleagues in a changing room. It considered the privacy offences, mitigating circumstances and compensation for non-financial harm.
ECLI:ES:TS:2020:1297
Read moreSupreme Court · Second Room · 2020
The court upheld convictions following an attempted robbery in a home that caused the victim’s death by asphyxiation. It reviewed the evidence and the relationship between the violence used and the negligent outcome.
ECLI:ES:TS:2020:995
Read moreSupreme Court · Second Room · 2020
The court upheld convictions covering abuse, injuries and an abortion imposed against the partner’s will. It rejected both the convicted person’s grounds of appeal and the victim’s requests for increased punishment.
ECLI:ES:TS:2020:1
Read moreSupreme Court · Second Room · 2019
The court held that a breach was completed when an unanswered call was recorded and its source could be identified. The protected person’s awareness of that call was relevant to the prohibited contact.
ECLI:ES:TS:2019:4218
Read moreSupreme Court · Second Room · 2019
The Supreme Court reviewed convictions for serious intimate-partner violence. It upheld injury and sexual-assault convictions but acquitted on threats, and discussed the difficulty of disclosing events under pressure.
ECLI:ES:TS:2019:2228
Read moreSupreme Court · Second Room · 2019
The court changed a conviction under the former legislation after finding sufficient violence to classify the events as sexual assault. It examined the force described in the established facts.
ECLI:ES:TS:2019:1509
Read moreSupreme Court · Second Room · 2019
The Supreme Court considered the credibility of a victim who had experienced earlier abuse. Delay in reporting and remaining in the relationship had to be assessed within the particular context of intimate-partner violence.
ECLI:ES:TS:2019:1071
Read moreSupreme Court · Second Room · 2019
The Supreme Court upheld robbery and criminal-group convictions but acquitted defendants of homicide because the necessary knowledge of the fatal risk was not established. Their appeals succeeded only in part.
ECLI:ES:TS:2019:107
Read moreSupreme Court · Second Room · 2019
The court set aside an injury conviction and applied full self-defence to a woman responding to serious assault and threats. It examined the necessity and proportionality of the means used.
ECLI:ES:TS:2019:22
Read moreSupreme Court · Second Room · 2018
The plenary court held that distance must be measured as specified in the order or, if no method is stated, in a straight line. It resolved differing approaches among provincial courts.
ECLI:ES:TS:2018:4361
Read moreSupreme Court · Second Room · 2018
The plenary court reviewed a couple’s acquittal following mutual assaults. It rejected the requirement to prove an additional intention to dominate before applying article 153.1 to the man’s assault on the woman.
ECLI:ES:TS:2018:4353
Read moreSupreme Court · Second Room · 2018
The court upheld the combined application of gender and family-relationship aggravating factors in habitual abuse and attempted homicide. It distinguished their foundations and explained that the gender factor does not require a romantic relationship.
ECLI:ES:TS:2018:3757
Read moreSupreme Court · Second Room · 2018
The plenary court held that a prohibition on approaching the victim was mandatory following physical abuse without injury against a partner or former partner. It interpreted articles 153 and 57 together.
ECLI:ES:TS:2018:2665
Read moreSupreme Court · Second Room · 2018
The court set aside a conviction and ordered a new trial before different judges. Earlier assessments of the evidence and indications of offending gave objectively justified grounds to question impartiality.
ECLI:ES:TS:2018:2401
Read moreSupreme Court · Second Room · 2018
The court upheld a conviction for an attack on a former partner and considered the victim’s position as a witness. Her knowledge came from having suffered the events, as well as having witnessed them.
ECLI:ES:TS:2018:2182
Read moreSupreme Court · Second Room · 2018
The court changed the classification from attempted homicide to attempted murder after finding treachery in an attack on the defendant’s partner. It examined the surprise attack and her lack of effective means of defence.
ECLI:ES:TS:2018:2003
Read moreSupreme Court · Second Room · 2018
The Supreme Court partly set aside a judgment because of the response to defence counsel’s withdrawal during trial. It ordered a new trial for certain defendants before different judges.
ECLI:ES:TS:2018:1552
Read moreSupreme Court · Second Room · 2018
The court upheld convictions for cultivating and distributing cannabis through an association that did not carry out its declared activities. It examined the organisation’s real purpose and each defendant’s involvement.
ECLI:ES:TS:2018:1379
Read moreSupreme Court · Second Room · 2018
The court upheld a bank manager’s forgery conviction but set aside the fraud conviction. It considered the missing connection between the intended gain and the financial loss attributed to the defendant.
ECLI:ES:TS:2018:1372
Read moreSupreme Court · Second Room · 2018
The Supreme Court upheld convictions concerning mass fundraising presented as financial investment. It examined the deception, the continuing fraud and other offences associated with the structure used.
ECLI:ES:TS:2018:1152
Read moreSupreme Court · Second Room · 2018
The plenary court accepted a temporary ban from the metro network as a penalty linked to theft committed there. It assessed the proportionality of extending the restriction beyond the particular station.
ECLI:ES:TS:2018:821
Read moreSupreme Court · Second Room · 2018
The Supreme Court upheld convictions for psychological injuries to children who witnessed extreme violence. It considered the treatment required and proven lasting effects, alongside the offences against the direct victims.
ECLI:ES:TS:2018:612
Read moreSupreme Court · Second Room · 2018
Following constitutional protection proceedings, the court acquitted association members after reconsidering their knowledge of unlawfulness. It could not rule out an unavoidable belief that the activity was legally tolerated.
ECLI:ES:TS:2018:475
Read moreSupreme Court · Second Room · 2018
The court acquitted in a case alleging sexual assault within marriage, finding insufficient evidence and an improper denial of the opportunity to establish an alibi. It also set aside other convictions in those proceedings.
ECLI:ES:TS:2018:307
Read moreSupreme Court · Second Room · 2018
The court determined which trial court had jurisdiction over offences linked as means and end. It considered the statutory penalty for each offence rather than simply adding all possible penalties together.
ECLI:ES:TS:2018:102
Supreme Court · Second Room · 2018
The Supreme Court upheld a drunk driver’s conviction for reckless driving and manslaughter through negligence. It rejected prosecution appeals seeking convictions for intentional homicide and an offence against an officer.
ECLI:ES:TS:2018:58
Read moreSupreme Court · Second Room · 2018
The court upheld a conviction for accessing medical records without authorisation but reduced the sentence. It considered the psychological circumstances and concern for children’s safety established in the case.
ECLI:ES:TS:2018:15
Read moreSupreme Court · Second Room · 2017
The court upheld a conviction concerning serious injuries suffered by a woman who jumped from a window to escape a beating and death threats. It examined her response to the danger created by the attacker.
ECLI:ES:TS:2017:4315
Read moreSupreme Court · Second Room · 2017
The court upheld numerous convictions concerning a cocaine operation but acquitted the boat builder because knowledge of its criminal purpose had not been proved. It assessed each contribution separately.
ECLI:ES:TS:2017:4292
Read moreSupreme Court · Second Room · 2017
The court set aside sexual-offence convictions because of insufficient evidence and significant differences between accounts. It rejected using expert evidence to supply facts the persons concerned had not stated.
ECLI:ES:TS:2017:3983
Read moreSupreme Court · Second Room · 2017
The court held that an additional traffic violation was unnecessary for the offence of driving after losing all licence points. The decision concerned a licence that had lost its legal validity, not every administrative irregularity.
ECLI:ES:TS:2017:3809
Read moreSupreme Court · Second Room · 2017
The court upheld convictions for offering high-return investments in nonexistent assets. It examined each defendant’s role and the documentary and financial appearance used to obtain investors’ money.
ECLI:ES:TS:2017:3463
Read moreSupreme Court · Second Room · 2017
The court dismissed an appeal concerning calculation of a disqualification period and examined which enforcement decisions could be challenged on points of law. The application sought to change a calculation not initially appealed.
ECLI:ES:TS:2017:3244
Read moreSupreme Court · Second Room · 2017
The Supreme Court annulled a trial because faulty recordings prevented review of relevant disputed issues on appeal. It ordered a new trial before different judges with proper recording of the proceedings.
ECLI:ES:TS:2017:2810
Read moreSupreme Court · Second Room · 2017
The plenary court narrowly interpreted the theft aggravation introduced in 2015. It rejected reliance solely on earlier minor offences for that aggravated category. The judgment included dissenting opinions.
ECLI:ES:TS:2017:2497
Read moreSupreme Court · Second Room · 2017
The Supreme Court upheld a continuing-fraud conviction against a person who concealed the pension recipient’s death and withdrew the payments. Failures in administrative and banking checks did not remove the significance of the deception.
ECLI:ES:TS:2017:2360
Read moreSupreme Court · Second Room · 2017
The plenary court allowed the prosecution appeal against an acquittal. Driving without ever having obtained a licence did not require proof of an additional manoeuvre creating a specific danger.
ECLI:ES:TS:2017:2012
Read moreSupreme Court · Second Room · 2017
The Supreme Court set aside a new calculation that reduced previously recognised sentence remissions and delayed release. It ordered a further calculation respecting the days fixed by an earlier final decision.
ECLI:ES:TS:2017:1781
Read moreSupreme Court · Second Room · 2017
The plenary court first examined the harassment offence introduced in 2015. It distinguished conduct intended to continue from concentrated episodes without a sufficient effect on the victim’s daily routines.
ECLI:ES:TS:2017:1647
Read moreSupreme Court · Second Room · 2017
Drug-trafficking convictions were set aside because the case file lacked the decisions and supporting records needed to justify the original telephone interceptions. The court also considered evidence derived from them.
ECLI:ES:TS:2017:1191
Supreme Court · Second Room · 2017
The Supreme Court acquitted because it did not consider the evidence of the alleged sexual assaults conclusive. It examined doubts affecting the strength of the material relied on for conviction.
ECLI:ES:TS:2017:1190
Read moreSupreme Court · Second Room · 2017
The plenary court held that refusing a second breath measurement after a positive first test and a police request constituted an offence. Both measurements were treated as stages of one mandatory test.
ECLI:ES:TS:2017:1073
Read moreSupreme Court · Second Room · 2016
The Supreme Court upheld a conviction for installing cameras in toilets. It rejected mitigation unsupported by a relevant impairment and examined the defendant’s ability to understand and comply with the law.
ECLI:ES:TS:2016:5293
Read moreSupreme Court · Second Room · 2016
The court upheld convictions for misappropriation and professional disloyalty where money entrusted for a specific purpose was retained and instructed work was neglected. It distinguished the two forms of conduct.
ECLI:ES:TS:2016:4423
Read moreSupreme Court · Second Room · 2016
The court increased the sentence of a person who used a caring relationship with the victims to facilitate an attack on their home. It found abuse of trust alongside the other offences and circumstances.
ECLI:ES:TS:2016:4268
Read moreSupreme Court · Second Room · 2016
The court upheld a continuing-fraud conviction involving a staged accident covered by several insurance policies. It considered the deliberate simulation of the insured event and repayment of the sums received.
ECLI:ES:TS:2016:4205
Read moreSupreme Court · Second Room · 2016
The court upheld officers’ convictions for violating a detainee’s moral integrity. It distinguished active participation from failure to intervene and corrected part of the sentencing assessment.
ECLI:ES:TS:2016:4088
Read moreSupreme Court · Second Room · 2016
The Supreme Court set aside an acquittal because distribution to a large membership exceeded non-punishable shared consumption. It returned the case for consideration of the defendants’ arguments about mistake as to unlawfulness.
ECLI:ES:TS:2016:3972
Read moreSupreme Court · Second Room · 2016
The court upheld an acquittal concerning a donation for a project that was not completed. It found no intention permanently to divert the funds from the purpose for which they were given.
ECLI:ES:TS:2016:3456
Read moreSupreme Court · Second Room · 2016
The court upheld the conviction for refusing an alcohol test, considering the police request and the defendant’s knowledge. It set aside an old minor injury offence that had been decriminalised, while preserving civil liability.
ECLI:ES:TS:2016:3436
Read moreSupreme Court · Second Room · 2016
The court upheld cannabis-club managers’ acquittals because of an unavoidable mistake about unlawfulness in the circumstances. It considered, among other matters, the prosecution’s involvement during registration of the association.
ECLI:ES:TS:2016:3014
Read moreSupreme Court · Second Room · 2016
The court upheld a conviction against a professional who obtained clients’ money and documents through misleading conduct and then abandoned the work. It considered exploitation of trust and the resulting financial loss.
ECLI:ES:TS:2016:2603
Read moreSupreme Court · Second Room · 2016
The court upheld a conviction based on an investigation triggered by an object the intruder left in the home. It considered its connection with the subsequent identification evidence.
ECLI:ES:TS:2016:2293
Read moreSupreme Court · Second Room · 2016
The court overturned an acquittal and convicted defendants of threats and serious insults at a municipal meeting. It considered the words and the intimidating circumstances in which they were addressed to the recipient.
ECLI:ES:TS:2016:2277
Read moreSupreme Court · Second Room · 2016
The court set aside substitution of imprisonment by expulsion after considering the convicted person’s family ties in Spain. It required a proportionate assessment of personal circumstances.
ECLI:ES:TS:2016:2033
Read moreSupreme Court · Second Room · 2016
The Supreme Court acquitted a company convicted of fraud because it had not been properly brought into the proceedings and its defence rights were impaired. It distinguished the company’s position from the individuals’ liability.
ECLI:ES:TS:2016:966
Read moreSupreme Court · Second Room · 2016
The Supreme Court upheld a conviction for unauthorised computer access to a former partner’s and relatives’ medical records. It considered misuse of professional access and repeated consultations of the records.
ECLI:ES:TS:2016:185
Read moreSupreme Court · Second Room · 2015
The court admitted messages obtained by a mother who suspected that her daughter, a minor, was being subjected to online abuse. It weighed the circumstances of access and the child’s protection.
ECLI:ES:TS:2015:5809
Supreme Court · Second Room · 2015
The court upheld an appellate acquittal of people previously convicted in connection with a young man’s death after a fight. It rejected the victim’s private prosecution appeals.
ECLI:ES:TS:2015:5073
Read moreSupreme Court · Second Room · 2015
The Supreme Court upheld prison staff members’ acquittals on coercion and moral-integrity allegations. It nevertheless set aside costs imposed on the prosecuting parties because their alleged reckless litigation had not been adequately justified.
ECLI:ES:TS:2015:4802
Read moreSupreme Court · Second Room · 2015
The Supreme Court upheld some trafficking convictions but acquitted other defendants because the evidence against them was insufficient. It distinguished the evidence concerning each individual.
ECLI:ES:TS:2015:4699
Read moreSupreme Court · Second Room · 2015
The court upheld convictions for recovering and distributing intimate files without consent from a computer entrusted for repair. Technical access did not authorise copying or disclosure of the contents.
ECLI:ES:TS:2015:2198
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