- By Daniel SOT
There are also other assumptions such as the forgiveness of the offended (only in cases where the Law provides for it) or its prescription, for both of the offense and of the penalty or security measure.
Regarding the prescription of a crime in Spain, it is necessary to differentiate between different cases depending on the penalties of each crime. The misdemeanour prescribe in any case in one year.
Thus, Article 131 Spanish Criminal Code determines that as a general rule, the offenses will prescribe:
- 20 years, when the maximum penalty indicated for the offense is imprisonment of 15 years or more.
- 15 years, when the maximum penalty prescribed by law is disqualification for more than 10 years, or imprisonment for more than 10 and less than 15 years.
- 10 years, when the maximum penalty prescribed by law is imprisonment or disqualification for more than five years and not to exceed 10.
- 5 years for the remaining crimes, except for the crimes of insult and slander, since they prescribe in 1 year.
There are also certain crimes that do not prescribe, such as genocide and crimes against persons and property protected in the event of armed conflict (except those punished in Article 614 CP).
Regarding the prescription of penalties (that is, when there is already a final judgment), they prescribe:
- 30 years, those of imprisonment for more than 20 years.
- 25 years, those of imprisonment of 15 or more years without exceeding 20.
- 20 years, those of disqualification for more than 10 years and those of imprisonment for more than 10 years and less than 15 years.
- 15 years, those of disqualification for more than six years and not exceeding 10, and those of imprisonment for more than five years and not exceeding 10 years.
- 10 years, for severe penalties.
- 5 years , the less severe penalties.
- 1 year , minor penalties.
As expected, and consequently, penalties relating to crimes that do not prescribe cannot be prescribed either.
Regarding the prescription of the penalty we must compute from the date of the final sentence (or from the breach of the sentence, if this had begun to be fulfilled).
Finally, regarding security measures, they will prescribe after ten years if the subject was deprived of liberty for more than three years, and five years if they were deprived of liberty equal to or less than three years or had other content.