Spanish Criminal Law Reform 2025

There are constant changes throughout the world, such as crime rates, that all countries need to monitor to ensure that their criminal procedures and law addresses the issues. Spain has relatively recently undergone important reforms in their legal landscape to protect not only their citizens but tourists and expats as well. Here we hope to help you understand more about how these changes may affect you and the impact these reforms have in the courts and also how this will affect tourism in Spain. Our team of experienced criminal lawyers can help.

The Main Reforms to Spanish Criminal Law

In 2025, Spain has implemented significant reforms to its criminal law system, aiming to modernise legal processes, blend penalties with the standards in Europe and address more modern crimes such as cybercrime and cross-border criminality. The reforms highlight Spain's commitment to ensuring fairness in judicial procedures and adapting the legal framework to new forms of criminal behaviour. The Spanish government has announced plans to tackle squatting, which mainly takes place in foreign nationals' holiday homes, by fast-tracking criminal proceedings against them. Additionally, the reforms also place greater emphasis on protecting victims' rights, particularly in cases of gender-based violence and hate crimes. Additionally, Spain has sought to incorporate more digital tools in legal proceedings, allowing for faster and more transparent handling of criminal cases.

For British citizens living in or visiting Spain, these reforms may influence how offences are investigated and prosecuted. Those facing criminal proceedings should be aware that the new legal landscape could impact both procedural rights and potential outcomes. If you are affected by these reforms, or find yourself experiencing criminal proceedings in Spain, you will need to contact a Spanish criminal lawyer as soon as possible.

What Impact Do These Reforms Have on the Courts?

The Spanish court system is expected to undergo both structural and procedural changes arising from the 2025 reforms. The reforms are intended to reduce case backlogs and speed up proceedings, which have been criticised in the past for the considerable amount of time taken to resolve.

One of the most notable impacts is the expansion of digitalisation within the courts. Electronic filing, virtual hearings and increased use of digital evidence which are now amongst the main features in criminal proceedings. These measures are expected to improve efficiency.

Moreover, the reforms include provisions to strengthen judicial independence and transparency. The process for the appointment of judges and prosecutors has been scrutinised in recent years and these reforms aim to reinforce public trust by limiting political interference. Furthermore, the courts are mandated to prioritise cases involving vulnerable individuals, particularly domestic abuse victims and minors.

From a practical perspective, these reforms could mean that defendants, including foreign nationals, may experience a faster resolution to their cases. However, the accelerated timelines also mean that defendants must act swiftly in securing competent legal representation to protect their rights.

How Has the Spanish Criminal Code Changed?

The Criminal Code of Spain (Código Penal) has been updated in several important areas under the 2025 reforms. The amendments reflect Spain's intention to align more closely with EU directives while also addressing domestic concerns.

• Cybercrime: Offences involving hacking, identity theft, and online fraud now carry heavier penalties. The reforms reflect the growing threat posed by digital crime (especially with the rise of AI), particularly across borders.
• Financial and Corporate Crime: Stricter penalties have been introduced for tax evasion, money laundering, and corporate fraud. Companies can now face greater liability, and directors may be personally accountable for compliance failures.
• Gender-Based Violence: Spain has long been at the forefront of tackling domestic violence and the latest reforms reinforce this commitment by broadening the definition of gender-based offences and providing stronger protective measures for victims.
• Sentencing Reform: Judges now have more discretion to impose alternative sentences, such as community service and restorative programmes, particularly for non-violent offenders. This shift reflects a desire to balance punishment with rehabilitation.
• Immigration-Related Offences: The reforms also address crimes linked to human trafficking and unlawful immigration practices, introducing harsher sanctions for exploitation and smuggling operations.

Collectively, these changes represent a move towards a more adaptive criminal code. However, for those unfamiliar with Spanish law, the practical implications of these changes can be complex and may vary significantly from British criminal law.

How will These Reforms Affect Tourism

Spain remains one of the most popular destinations for British tourists. Whilst the reforms primarily target fundamental improvements and criminal behaviour within Spain, there are indirect implications for visitors and foreign residents.

British tourists should be aware of heightened enforcement in areas such as drug-related offences, drunkenness, public disorder, and cybercrime. Even minor infractions may now be handled with increased severity, reflecting Spain's intention to maintain public safety.

For foreign nationals who are long-term residents, the reforms concerning corporate crime, tax evasion, and immigration offences are particularly relevant. Individuals running businesses in Spain must ensure full compliance with financial regulations to avoid potential liability under the increased provisions.

Additionally, the reforms provide protections for victims, including foreign nationals, ensuring better access to legal remedies in cases of assault, theft, or fraud. This may provide reassurance to British citizens that their rights will be upheld within the Spanish legal system.

Importantly, whilst Spain has not introduced measures that directly restrict tourism or lawful immigration, the criminal law environment is now stricter and more vigilant. Visitors and residents alike are therefore encouraged to remain well-informed about their legal obligations.

Navigating the Spanish legal system can be challenging and in some cases vary considerably from that in England and Wales. Misunderstandings can have serious consequences and increased timelines in the reformed system mean that swift legal guidance is more important than ever.

For more information about the impact of the changes in the law in Spain, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.