Criminal Code and Public Safety: Organic Law 1/2026 strengthens penalties against repeat offenders

The approval of Organic Law 1/2026 of 8 April marks one of the most significant criminal law reforms in recent years regarding public safety and the fight against repeat offending in Spain. The legislation introduces substantial amendments to both the Spanish Criminal Code and the Spanish Criminal Procedure Act with the aim of providing a more effective legal response to persistent recidivism while strengthening victims’ protection.

The reform comes amid growing social and institutional concern over the increase in certain property-related offences, particularly repeated petty thefts and robberies committed by offenders with extensive criminal records. According to the legislator, the previous legal framework proved insufficient to adequately address situations in which individuals repeatedly committed minor offences without facing consequences capable of acting as an effective deterrent.

In response, the new law introduces tougher criminal penalties for habitual offenders and expands the legal framework surrounding aggravated recidivism. The reform allows repeated criminal conduct to receive more severe punishment, even where individual offences may be considered relatively minor in isolation.

Another major aspect of the reform concerns procedural changes within the criminal justice system. The amended legislation seeks to streamline criminal proceedings, reduce procedural delays and avoid situations of impunity caused by the accumulation of multiple pending cases against the same defendant. To achieve this, the law strengthens precautionary measures available during criminal investigations and grants courts broader powers to assess the offender’s criminal background when determining appropriate judicial responses.

The reform also pays particular attention to the protection of shop owners, small businesses and citizens repeatedly affected by property crimes. In several urban and commercial areas, recurring petty offences had generated increasing concerns regarding public safety as well as considerable economic losses for victims.

From a legal perspective, the reform has already generated significant debate among criminal law practitioners and academics. Supporters of the changes argue that stricter sentencing policies are necessary to reinforce the effectiveness of the criminal justice system and improve crime prevention. Critics, however, warn about the importance of maintaining proportionality in sentencing and safeguarding procedural rights and constitutional guarantees.

The new legal framework will also require lawyers, prosecutors, judges and law enforcement authorities to adapt to substantial procedural and practical changes. In particular, the interpretation of the new aggravated recidivism provisions and the application of enhanced precautionary measures are expected to become central issues in future criminal litigation.

Through this legislative reform, the Spanish Parliament reinforces its commitment to a stricter criminal policy against repeat offending, placing public safety and the fight against habitual crime at the centre of the current legal and political debate in Spain.