Legislative developments introduced by Organic Law 1/2026

On April 9, 2026, the Official State Gazette (BOE) published Organic Law 1/2026, introducing key amendments to the Criminal Code and the Criminal Procedure Act. These reforms will enter into force 20 days after their publication and will apply retroactively where more favorable to the defendant.

At Nieto Enríquez Criminal Defense Lawyers, a criminal law firm based in Barcelona, we analyze these changes to keep you informed and help you understand how they may impact your criminal proceedings.

Comparative table: current text vs. amended text

The following table sets out, article by article, the changes introduced by Organic Law 1/2026, as published by the Office of the Attorney General. The most relevant amendments appear in bold in the right-hand column.

Article	Current text	Amended text
Art. 13 Criminal Procedure Act	Initial proceedings include protecting victims and their relatives.	Adds the purpose of preventing reoffending. Courts may order the removal or provisional blocking of unlawful online content, even if hosted abroad.
Art. 105 Criminal Procedure Act	Local authorities had no standing to bring criminal actions for theft.	New section 3: local authorities may bring criminal actions for theft offences under Chapter I, Title XIII, Book II of the Criminal Code.
Art. 544 bis Criminal Procedure Act	Precautionary measures (residence/approach bans) only to protect the victim.	Scope expanded: also applicable to prevent reoffending, not only to protect the victim.
Art. 22.8 Criminal Code	Expunged records and minor offences were not considered for recidivism, without exceptions.	Not considered, except in aggravated offences due to multiple minor reoffending. Final EU convictions count for recidivism purposes.
Art. 66.2 Criminal Code	In minor and negligent offences, courts impose penalties at their discretion without strict rules.	Judicial discretion maintained, except for aggravated offences due to repeated minor offences.
Art. 80.2.1 Criminal Code	Minor offence convictions were not considered to assess first-time offending.	They are considered when forming part of an aggravated type due to multiple minor offences.
Art. 234.2 Criminal Code	Fine of 1–3 months if value does not exceed €400. Aggravated if 3 prior convictions and total exceeds €400.	Simplified: 3 convictions of the same nature are sufficient, at least one minor, without requiring the €400 cumulative threshold.
Art. 235.1.4º Criminal Code	Aggravated theft in agricultural settings if serious damage is caused.	Replaces subjective “serious damage” with objective criterion: value must exceed €400.
Art. 235.1.7º Criminal Code	Aggravated type for repeat offending: 3 prior convictions.	Only convictions for less serious or serious offences count (minor offences excluded from this specific aggravating factor).
Art. 235.1.10º Criminal Code (new)	—	New aggravating factor: theft of mobile phones or any device containing personal data. Not applicable to items for sale or display.
Art. 248 Criminal Code	Minor fraud (≤€400): fine of 1–3 months, no exception for recidivism.	If the offender has 3 prior convictions under the same chapter (at least one minor), penalty becomes imprisonment from 6 months to 3 years.
Art. 250.1.8º Criminal Code	Aggravated fraud for 3 prior convictions, regardless of severity.	Applies only when prior convictions are for less serious or serious offences of the same nature.
Art. 255 Criminal Code	Utility fraud: fine of 3–12 months (or 1–3 months if ≤€400).	New section 3: if electricity fraud supplies drug trafficking operations (Art. 368), penalty is 6–18 months’ imprisonment or 12–24 months’ fine, regardless of amount.
Art. 568 Criminal Code	Possession/storage of explosives: 4–8 years (promoters) or 3–5 years (participants).	New section 2 (“fuel trafficking”): if involving liquid fuel, penalty is 3–5 years’ imprisonment, reducible for less serious conduct.

Key aspects of the reform: what you should know

1. Recidivism and repeated minor offending (Arts. 22.8, 66.2 and 80.2.1 Criminal Code)

The reform clarifies that prior minor offences do count where the law expressly provides an aggravated type for repeated offending. Final convictions from EU courts also count for recidivism in Spain.

2. Minor theft and aggravating factors (Arts. 234.2 and 235 Criminal Code)

Minor theft (under €400) remains punishable by a fine. However, offenders with at least three prior convictions of the same nature (at least one minor) will face penalties applicable to basic theft. A new aggravating factor is introduced for theft of mobile phones or devices containing personal data.

3. Minor fraud (Arts. 248 and 250.1.8 Criminal Code)

Fraud under €400 is punished by a fine, unless aggravated circumstances apply or the offender has at least three prior convictions. In such cases, the penalty is 6 months to 3 years’ imprisonment.

4. Electricity fraud linked to drug trafficking (Art. 255.3 Criminal Code)

A specific offence is created for electricity fraud used to power drug trafficking operations, punishable regardless of the amount defrauded.

5. Fuel trafficking (“petaqueo”) (Art. 568.2 Criminal Code)

A new offence punishes the unauthorized possession or storage of flammable liquid fuels with 3 to 5 years’ imprisonment.

6. Strengthened precautionary measures (Arts. 13 and 544 bis Criminal Procedure Act)

Measures may now also aim to prevent reoffending, not just protect victims. Courts may also block illegal online content, even if hosted abroad.

7. Standing of local authorities (Art. 105.3 Criminal Procedure Act)

Local authorities are now entitled to bring criminal actions for theft offences, strengthening their response to crime affecting public spaces and commerce.

Entry into force

These reforms will enter into force 20 days after their publication in the BOE on April 9, 2026, and will apply retroactively where more favorable to the defendant.

At Nieto Enríquez Criminal Defense Lawyers, we assess how each reform impacts ongoing proceedings. If you have questions about how these changes may affect your case, feel free to contact us.