Legislative changes introduced by Organic Law 1/2026
On April 9, 2026, the Official State Gazette (BOE) published Organic Law 1/2026, which introduces key modifications to the Criminal Code and the Criminal Procedure Law. The reforms will enter into force 20 days after their publication and will be retroactive when they are more favorable to the defendant.
At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona , we analyze these changes to keep you informed and help you understand how they may impact your criminal proceedings.
Guide to Organic Law 1/2026
Comparative table: current text versus modified text
The following table lists, article by article, the changes introduced by Organic Law 1/2026, published by the State Attorney General’s Office. The most relevant modifications appear in bold in the right-hand column.
| Article | Current text | Modified text |
| Art. 13 LECrim | The initial steps include protecting victims and their families. | The aim of preventing repeat offenses is also included. The court may order the temporary removal or blocking of illegal content on the internet, even if it originates abroad. |
| Art. 105 LECrim | Local entities were not entitled to bring criminal charges for theft. | New section 3: local entities may exercise criminal action for theft offenses in Chapter I, Title XIII, Book II of the Penal Code. |
| Art. 544 bis LECrim | Precautionary measures prohibiting residence/approach only to protect the victim. | The rationale is broadened: they also apply to prevent repeat offenses , not just to protect the victim. |
| Art. 22.8 CP | Cancelled criminal records and minor offenses were not counted for the purposes of recidivism, without exception. | They are not counted, except in cases of aggravated offenses involving multiple recidivism of minor crimes . Final EU convictions have the effect of recidivism. |
| Art. 66.2 CP | In minor and negligent offenses, the courts apply penalties at their prudent discretion without being bound by rules. | Judicial discretion is maintained, except as provided for aggravated offenses due to multiple recidivism of minor crimes . |
| Art. 80.2.1 CP | Convictions for minor offenses were not taken into account when assessing whether it was a first offense. | Yes, they are counted when they form part of an aggravated type due to multiple recidivism of minor offenses . |
| Art. 234.2 CP | A fine of 1 to 3 months if the stolen goods do not exceed €400. An aggravated penalty applies if there are 3 prior convictions for the same offense and the accumulated amount exceeds €400. | It is simplified: 3 convictions of the same nature are sufficient, at least one of them being minor , without the need for the accumulated amount to exceed €400. |
| Art. 235.1.4º CP | Aggravated theft on agricultural holdings if serious damage is caused. | The requirement of serious harm is replaced by an objective one: the value of the stolen goods must exceed 400 euros . |
| Art. 235.1.7º CP | Aggravated type due to multiple recidivism: 3 previous convictions of the same title. | Only convictions for less serious or serious crimes are counted (minor crimes are excluded from this specific aggravating circumstance). |
| Art. 235.1.10º CP (new) | — | New aggravating circumstance: theft of mobile phones or any device containing personal data. This does not apply to devices for sale or on commercial display. |
| Art. 248 CP | Minor fraud (≤€400): fine of 1 to 3 months, with no exception for repeat offenses. | If the perpetrator accumulates 3 convictions from the same chapter, at least one of which is minor , imprisonment of 6 months to 3 years is applied instead of a fine. |
| Art. 250.1.8º CP | Aggravating circumstance of fraud due to 3 previous convictions in the chapter, without distinction of severity. | This only applies when the convictions are for less serious or serious offenses of the same chapter and of the same nature. |
| Art. 255 CP | Fraud of supplies: fine of 3 to 12 months (or 1 to 3 months if the amount does not exceed €400). | New section 3: if the electricity fraud supplies drug trafficking facilities (art. 368 CP), the penalty is imprisonment for 6 to 18 months or a fine of 12 to 24 months , regardless of the amount. |
| Art. 568 CP | Possession or storage of explosives and flammables: imprisonment of 4 to 8 years (promoters) or 3 to 5 years (collaborators). | New section 2 (“pouching”): when the flammable substance is a liquid fuel, the penalty will be 3 to 5 years in prison . It may be reduced by one degree for less serious offenses. |
Key aspects of the reform: what you need to know
1. Recidivism and multiple recidivism (arts. 22.8, 66.2 and 80.2.1 CP)
The reform clarifies that prior convictions for minor offenses do count when the law expressly provides for an aggravated offense due to repeated recidivism. Furthermore, final convictions handed down by courts in other European Union countries have the effect of establishing recidivism in Spain.
2. Petty theft and aggravating circumstances (arts. 234.2 and 235 CP)
Petty theft (value less than €400) continues to be punishable by a fine of one to three months. However, anyone who accumulates at least three convictions for offenses of the same nature, at least one of which is petty, will be punished with the penalty prescribed for basic theft. The theft of mobile phones or devices containing personal data is also introduced as an aggravating circumstance (new Article 235.1.10), and the aggravated offense in agricultural holdings is simplified: it is no longer necessary to prove serious harm if the value of the stolen goods exceeds €400.
3. Minor fraud (arts. 248 and 250.1.8º CP)
Fraud involving amounts not exceeding 400 euros is punishable by a fine, except when aggravated circumstances under Article 250 are present or when the perpetrator has at least three prior convictions for offenses under the same chapter, at least one of which is a minor offense. In that case, the penalty is imprisonment for six months to three years.
4. Electricity fraud linked to drug trafficking (art. 255.3 CP)
A specific offense is created for those who defraud the electricity supply in order to power facilities dedicated to drug trafficking. The penalty will be imprisonment for 6 to 18 months or a fine of 12 to 24 months, regardless of the amount defrauded.
5. Petaqueo: liquid fuels (art. 568.2 CP)
The reform creates a new section 2 of article 568, known as “smuggling,” which penalizes the unauthorized possession or storage of flammable liquid fuels with prison sentences of 3 to 5 years. Courts may reduce the sentence for less serious offenses, taking into account the circumstances of the act and the perpetrator.
6. Reinforced precautionary measures (arts. 13 and 544 bis LECrim)
The purpose of initial investigations and precautionary measures such as restraining orders or no-contact orders is broadened: in addition to protecting the victim, they may be adopted to prevent repeat offenses. Furthermore, in cases of crimes committed online, the court may order the temporary removal or blocking of illegal content, even if it originates abroad.
7. Legitimation of local entities (art. 105.3 LECrim)
Local authorities acquire the power to prosecute theft offenses, thus expanding their capacity to respond to crime affecting commerce and public spaces in their municipalities.
Entry into force
These reforms will come into force 20 days after their publication in the BOE, which took place on April 9, 2026. The modifications will be retroactive when they are more favorable to the prisoner.
At Nieto Enríquez Criminal Lawyers, experts in criminal law in Barcelona, we analyze the impact of each reform on ongoing proceedings. If you have questions about how these changes may affect your case, please contact us.
