Minor Offences in Spain: What Are Delitos Leves?

🇪🇸 Read the original in Spanish

The criminal justice system in Spain does not always reserve its courts for the most serious crimes we see in the news. On a day-to-day basis, the vast majority of citizen conflicts—from a minor neighborly dispute that ends in a shove to the theft of a mid-range mobile phone—are channeled through what are known as delitos leves (minor offences). These infractions, which replaced the old "faltas" (misdemeanors) following the major reform of the Código Penal (Criminal Code) in 2015, carry financial penalties and criminal records that can seriously complicate daily life, especially for foreign residents who need to renew their residency permits. Understanding what they are, how they are prosecuted, and what their real consequences are is the first step to facing a judicial process with full guarantees of success.

¿Qué son los delitos leves? From the Old "Faltas" to the Current Criminal Framework

Until 2015, the Spanish Criminal Code divided infractions into delitos (crimes/felonies) and faltas (misdemeanors). The faltas were low-gravity behaviors that were judged through a very fast process and did not leave a criminal record. However, after the entry into force of **Ley Orgánica 1/2015, of March 30*, which reformed the Criminal Code, faltas* disappeared from the Spanish legal map.

Some of those behaviors were decriminalized (becoming mere administrative infractions regulated, for example, in the Ley de Seguridad Ciudadana (Citizen Security Law), popularly known as the "Ley Mordaza" or Gag Law), while the vast majority were converted into delitos leves.

According to *Article 13.4 of the Criminal Code (Ley Orgánica 10/1995), delitos leves are "infractions that the law punishes with a light penalty". Unlike the old faltas, the great significance of this change lies in the fact that delitos leves do generate a criminal record, which can have disastrous consequences for job hunting, public examinations, or immigration procedures (extranjería*) in Spain.

Most Common Types of Minor Offences in Spain

The Spanish Criminal Code classifies a wide variety of behaviors as delitos leves. The most common ones in Spanish juzgados de instrucción (investigating courts) are the following:

1. Delito leve de hurto (Minor theft)

Regulated in Article 234.2 of the Criminal Code. It occurs when someone takes someone else's property without the owner's consent, without using force on things or violence or intimidation on people, provided that the value of the stolen item does not exceed 400 euros. If it exceeds that amount, it automatically becomes a delito menos grave (less serious offence, carrying prison sentences).

2. Delito leve de estafa (Minor fraud)

Provided for in Article 249.2 of the Criminal Code. It consists of using sufficient deception to cause an error in another person, inducing them to perform an act of disposition to their own or another's detriment, when the financial damage caused is not more than 400 euros. It is very common in second-hand online purchases or fake holiday rentals.

3. Delito leve de lesiones (Minor injury)

Contemplated in Article 147.2 of the Criminal Code. It punishes anyone who causes an injury to another that only requires initial medical assistance (for example, a bruise that only requires a band-aid, an ointment, or a single dressing), without the need for subsequent medical or surgical treatment.

4. Delito leve de amenazas y coacciones (Minor threats and coercion)

Under Articles 171.7 and 172.3 of the Criminal Code, these penalize behaviors where physical or verbal violence is used to prevent someone from doing what the law does not prohibit, or to compel them to do what they do not want to do, provided that the intensity of the threat or coercion is classified as minor by the judge.

5. Delito leve de daños (Minor property damage)

Established in Article 263.1, second paragraph, of the Criminal Code. It punishes anyone who consciously causes damage to another's property whose economic value does not exceed 400 euros (for example, scratching the paint of someone else's car after an argument).

Penalties, Fines, and Statute of Limitations: Key Figures

Unlike serious or less serious offences, delitos leves almost never carry prison sentences (except for very specific cases of localización permanente or house arrest). The main sanction is usually a pena de multa (fine) paid in daily quotas.

• Amount of the fines: The Spanish criminal system uses the "day-fine" (días-multa) system. The daily quota can range from a minimum of 5 euros to a maximum of 400 euros per day (for individuals), depending on the financial capacity of the convicted person. The duration of the penalty for delitos leves usually ranges from 10 days to 2 months.
• Statute of limitations of the offence (Prescripción): Delitos leves prescribe after 3 months (according to Article 131.1 of the Criminal Code). This means that if 3 months pass from the moment the event was committed without the judicial procedure being directed against the alleged culprit, criminal liability is extinguished.
• Statute of limitations of the penalty: Once a final judgment (sentencia firme) has been handed down, the imposed penalty expires after one year (Article 133.1 of the Criminal Code).
• Expungement of criminal records (Cancelación de antecedentes penales): The period to expunge the criminal records of a delito leve is 6 months, counting from the day after the penalty is fully extinguished (for example, from the day the fine is paid in full).

Practical and Real Examples of Minor Offences

To better understand how these rules are applied and how amounts are calculated in judicial practice, we analyze two everyday scenarios:

Example 1: Theft in a commercial establishment

> María enters a well-known designer clothing store in Madrid. Taking advantage of a distraction by the shop assistants, she puts two designer jackets valued at 180 euros each (a total of 360 euros) into her bag. As she walks out the door, the security gates beep and the security guard detains her until the National Police arrive. > > Since the value of the stolen goods is 360 euros (below the 400 euros limit), María is summoned to a trial for a delito leve de hurto. After the trial, the judge sentences her to a penalty of 30 days of fine with a daily quota of 6 euros (taking into account that María is a student and lacks a high income). María will have to pay a total fine of 180 euros (30 days x 6 euros) and, furthermore, she will have a criminal record that she cannot expunge until 6 months after having fully paid the fine.

Example 2: Property damage after a traffic dispute

> Carlos has a heated traffic argument with another driver, Juan. In a fit of rage, Carlos gets out of his vehicle, kicks the wing mirror of Juan's car, and breaks it. Juan goes to an official workshop, where they estimate the repair of the mirror at 290 euros. Juan files a complaint (denuncia) providing the invoice and Carlos's license plate details. > > Since the damage is under 400 euros, Carlos is tried for a delito leve de daños. The judge sentences Carlos to a fine of 15 days at a rate of 10 euros per day (a total of 150 euros fine) and, by way of civil liability (responsabilidad civil), orders him to compensate Juan with the 290 euros that the repair of the wing mirror cost.

The Judicial Procedure Step-by-Step: What is the Trial Like?

The procedural processing of these infractions is regulated in *Title III of Book VI of the Ley de Enjuiciamiento Criminal (LECrim) (Criminal Procedure Act). It is characterized by being a fast, simple procedure concentrated into a single oral hearing (vista oral*).

1. Complaint or police report: The process begins with a denuncia (complaint) by the victim, a third party, or through a police report (atestado) by the State Security Forces. It is worth noting that some delitos leves (such as minor injuries or threats) can only be prosecuted if the aggrieved person files a formal complaint.
2. Summons for the trial: The competent Juzgado de Instrucción sets a date for the trial and summons the parties (complainant and defendant), as well as any witnesses and experts they deem appropriate.
3. Assistance of a Lawyer: For delitos leves, *the assistance of a lawyer and a procurador (court representative) is not mandatory (unless the minor offence carries a fine whose maximum limit is at least six months). Nevertheless, it is highly recommended to attend with a criminal defense lawyer*, as a conviction generates a criminal record, and self-defense usually ends in a conviction due to ignorance of procedural rules.
4. The oral hearing: The trial begins with the reading of the complaint. The complainant presents their version and provides their evidence (witnesses, recordings, documents). Subsequently, the defendant defends themselves, answers questions, and presents their own evidence.
5. Judgment (Sentencia): The investigating judge hands down the judgment, either orally during the hearing or in writing within 3 days following the end of the trial.
6. Appeal (Recurso de apelación): An appeal against the judgment can be filed before the Audiencia Provincial (Provincial Court) within 5 business days starting from the day after the notification of the resolution.

Mistakes to Avoid If You Are Accused of a Delito Leve

• Failing to appear at the trial: Thinking that, because it is a "minor offence", nothing happens if you do not show up to the court summons. If the defendant does not appear without a justified cause, the trial can be held in their absence and they can be convicted without having been able to give their version, in addition to potentially being fined for obstruction of justice.
• Going to trial without prepared evidence: Believing that your word is enough on the day of the hearing. You must bring all the items of evidence that support your defense (screenshots, quotes, witnesses, printed documents), as no evidence presented after the trial will be admitted.
• Underestimating a criminal record: This is especially serious for foreign citizens. A criminal record for a delito leve, however insignificant it may seem, can be sufficient grounds for the Oficina de Extranjería (Immigration Office) to deny the renewal of a residence or work permit, or the granting of Spanish citizenship.
• Paying the fine and forgetting to request expungement: Criminal records are not automatically erased from the registry of the Ministry of Justice; it is imperative to complete the application process for the cancellation of criminal records once 6 months have passed since the payment of the penalty.

Frequently Asked Questions (FAQ)

Is it mandatory to have a lawyer for a minor offence trial?

No, Spanish law does not require the intervention of a lawyer or a procurador to appear in a delito leve trial (with the exception of those where the maximum fine can exceed six months). However, it is highly advisable to hire a professional. The public prosecutor (fiscal) may be present and will seek a conviction, and an ordinary citizen usually does not know how to cross-examine witnesses or how to challenge the prosecution's evidence.

What happens if I cannot pay the fine for the minor offence?

If the convicted person is declared insolvent or does not voluntarily pay the imposed fine, the principle of subsidiary personal liability regulated in Article 53 of the Criminal Code applies. This means that, for every two unpaid daily quotas of the fine, the convicted person will serve one day of deprivation of liberty (which can be fulfilled through community service or house arrest).

Can a minor offence lead to prison?

Directly, it is extremely rare for the penalty of a delito leve to be prison. However, if the convicted person does not pay the fine imposed by the judge and does not perform the alternative community service, the non-payment can lead to a deprivation of liberty (house arrest or prison, depending on the case) under the aforementioned subsidiary personal liability.

Are criminal records for a minor offence cleared automatically?

No. Even if the 6-month period of good citizenship without committing further offences has passed since the penalty was extinguished (the fine was paid), the Registro Central de Penados (Central Registry of Convicts) does not delete the entry automatically in most cases. The interested party must initiate a criminal record cancellation procedure by providing the certificate of compliance with the penalty issued by the sentencing court.

In Summary

• Delitos leves replaced the old faltas in 2015 and, unlike them, do generate a criminal record.
• The most common infractions include theft, fraud, and property damage for amounts under 400 euros, as well as physical assaults that do not require subsequent medical treatment.
• The usual penalties are fines (day-fine system) and they prescribe 3 months after the criminal act was committed.
• Although the assistance of a lawyer is not legally mandatory in most cases, it is fundamental to avoid a conviction that stains your criminal record and complicates your professional or administrative future in Spain.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.