The distinction between a crime and a minor offence (falta) no longer exists as such: minor offences were removed from the Spanish Criminal Code by the reform introduced by Organic Act 1/2015, in force since 1 July 2015. Many of those acts are now minor crimes (delitos leves); others became administrative infringements or ceased to be criminal altogether. If you have been summoned for a “minor crime”, you are still facing criminal proceedings, albeit with more limited consequences.
We explain how criminal offences are classified today, what changes in terms of the penalty, your criminal record and the trial, and when an act is not a crime but an administrative penalty.
How crimes are classified today
Article 13 of the Criminal Code (Código Penal, CP) classifies crimes according to the penalty attached to them, and Article 33 defines which penalties are serious, less serious and minor:
| Type | Defining penalty (Art. 33 CP) | Examples |
|---|---|---|
| Serious crime | Imprisonment of more than five years, among others | Homicide (10 to 15 years, Art. 138) |
| Less serious crime | Imprisonment of three months to five years, a fine of more than three months, among others | Theft of more than €400 (6 to 18 months, Art. 234.1); robbery with violence (2 to 5 years, Art. 242) |
| Minor crime | A fine of up to three months, home detention (localización permanente) of one day to three months, community service of one to thirty days, among others | Theft of up to €400 (Art. 234.2); minor threat (Art. 171.7) |
Note: the value of what is taken does not turn theft (hurto) into robbery (robo). What distinguishes robbery is force used on things or violence or intimidation against people.
What happened to the former minor offences
Those that became minor crimes
Some common examples, all punishable by a fine of one to three months unless otherwise stated:
- Theft of property worth no more than €400 (Art. 234.2).
- Fraud of up to €400 (Art. 248).
- Criminal damage of up to €400 (Art. 263.1).
- Bodily harm not requiring medical treatment beyond first aid (Art. 147.2) and physical assault without injury (maltrato de obra, Art. 147.3, a fine of one to two months).
- Minor threats (Art. 171.7) and minor coercion (Art. 172.3).
Several of these, such as minor bodily harm, physical assault without injury, minor threats and minor coercion, are only prosecuted if the injured party files a complaint.
Those removed from the Criminal Code
Other acts ceased to be criminal. For example, minor insults between private individuals: today only serious insults (injurias graves) are a crime (Art. 208), except in a family or relationship context. An isolated insult can be pursued through the civil courts for protection of one’s reputation, but it does not lead to a criminal trial.
And many minor public order disturbances are dealt with through administrative penalties, mainly under Organic Act 4/2015 on the Protection of Public Safety (Ley Orgánica de protección de la seguridad ciudadana): for example, consuming or possessing drugs for personal use in a public place (a serious infringement, with a fine of €601 to €30,000) or disrespect towards police officers (a minor infringement).
If the matter involves your partner, ex-partner or family, the rules are different and stricter. In that case, see Celeste Pérez’s specialist website on gender-based and domestic violence.
What changes for you: minor crime, crime or administrative infringement
Criminal record
A conviction for a minor crime does give rise to a criminal record, although it is expunged quickly: six months after the sentence has been served, provided you do not reoffend (Art. 136.1.a CP). For less serious crimes the period ranges from two to five years, depending on the sentence, and for serious crimes it is ten years. An administrative penalty does not give rise to a criminal record. Find out more about removing a criminal record.
The penalty
Minor crimes are not punishable by imprisonment: the usual penalty is a day-fine (a daily amount set according to your financial means). Bear in mind that if you do not pay the fine, it may be converted into a period of subsidiary personal liability (responsabilidad personal subsidiaria). Less serious and serious crimes can carry imprisonment.
In addition, convictions for minor crimes do not prevent a future prison sentence from being suspended on the grounds that you are a first-time offender (Art. 80.2 CP), except in cases of multiple reoffending.
The procedure
Minor crimes are tried in a simple hearing before the Investigating Section of the Court of First Instance (Sección de Instrucción del Tribunal de Instancia, formerly the juzgado de instrucción), often at the duty court itself or within a few days. A lawyer is not compulsory unless the fine sought reaches six months (Art. 967 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal), although one is highly advisable. We explain this in how a trial for a minor crime works.
Limitation periods
Minor crimes become time-barred after one year (Art. 131.1 CP); less serious crimes, as a general rule, after five years.
Practical examples
- A fight outside a bar. A shove or a blow without injury is physical assault (a minor crime). If the injury needs stitches or other medical treatment, it is the less serious crime of bodily harm (Art. 147.1: imprisonment of three months to three years or a fine). More on assault and fights.
- Shoplifting. Up to €400, a minor crime; above that, a less serious crime. If there is force or violence, it is robbery. See robbery and theft.
- Threatening messages. Depending on how serious they are, they may be a minor threat or the crime of threats; if they are persistent and disrupt your daily life, they may amount to stalking under Art. 172 ter. See threats and coercion.
- Driving after drinking. Exceeding the administrative limit is a traffic infringement; exceeding 0.60 mg/l in exhaled air or driving under the influence of alcohol is a crime (Art. 379.2 CP).
Frequently asked questions
Does a minor crime leave a criminal record?
Yes, but it is expunged six months after the sentence has been served, provided you do not reoffend. Administrative penalties do not leave a criminal record.
Can I be sent to prison for a minor crime?
Not as a direct penalty. There may, however, be subsidiary personal liability if you do not pay the fine, which for minor crimes can be served as home detention.
If you have been summoned for a minor crime or do not know what type of offence you are accused of, call us on 607 449 491. We will go through the summons with you and explain what may happen and how to prepare.
