Stealing less than 400 euros was, until recently, a minor offence punishable by a fine. It's not always like that anymore. Since April 2026, a person who accumulates several convictions for similar acts may end up in prison even if the removal of it has little value. It is one of the most commented criminal reforms of the year, with direct impact on shops, on the small theft repeated and on the security of neighborhoods and municipalities. We explain to you what changes and, above all, who affects and who doesn't.
What is Organic Law 1 / 2026 and since when it is applied
The Organic Law 1 / 2026 of 8 April, Criminal Code and Criminal Procedure Act to strengthen the response to the repetition of small property offences, in particular minor theft and scams. It was published in the BOE and entered into force on 10 April 2026.
A line started in 2022 continues and comes to solve the interpretative problems that this reform left open, systematizing the treatment of the call multirreincidence.
The key change: from fine to prison
So far, the criterion was essentially quantitativeIf the offence was not more than 400 euros, the act was a minor offence punishable by a fine. The reform introduces a new approach based on author's history.
In the field of thefta fact of less than EUR 400 is punishable by 6-18 months where the author has been convicted by final decision, at least three offences of the same nature, being at least one of them mild.
In the field of scamthe scheme is equivalent: if the amount does not exceed EUR 400, it is maintained as a minor offence with a fine, unless they are three previous convictions of the same nature (one of them mild), in which case the penalty of the basic type is applied: 6 months to 3 years.
In practical terms: a low-value theft that was previously paid with a fine can now lead to effective imprisonment Yeah. —And only if— this record of prior final convictions.
Who really affects (and who doesn't)
It should be necessary not to overalarm. The reform does not turn any small theft into a prison offence. The requirements are cumulative:
- It must be a minor theft or fraud (amount less than EUR 400).
- The author must accumulate three or more final prior sentences for crimes of the same nature.
- At least one Such convictions must be for a minor offence.
For those who commit a minor theft for the first time, or in isolation, the result remains, as a general rule, a fine. The hardening is directed to the profile of the a multi-reincident offender.
More difficult to suspend sentence
There is a very serious procedural consequence. The reform changes the rules on suspension of sentence: a minor offence aggravated by multiple-crime already will not allow the convicted to be considered «Primary offender» for this purpose.
In practice, this makes suspension difficult of custodial sentences in such cases and will more often result in the effective enforcement of the prison sentence. At the same time, the law strengthens legal certainty by excluding background from the computation cancelled or cancelled.
Other developments
The reform goes beyond the repeated theft:
- Mobile theft. A specific aggravated type is introduced for the subtraction of phones and devices with personal data, taking into account the sensitive information they contain.
- Agricultural and livestock sector. The aggravated rate is simplified: the value of the subtracted is sufficient (products, tools or machinery) more than EUR 400 for the penalty to be imprisonment, armored a sector heavily punished for the continued theft.
- Role of the municipalities. The local authorities the right to take criminal action, so that they may be charged in cases of repeated theft affecting the coexistence of the municipality.
What to do to an accusation of this kind
- Don't take the worst scenario for granted: the application of the aggravated rate requires proof of the exact requirements (number, firmness and nature of the previous convictions).
- Review the criminal record: If there is a written or cancelled record, they can be left out of the computation.
- Analyse the rating: the border between a minor offence with a fine and a type aggravated by imprisonment is technical and decisive; a specialized defence is appropriate from the very first moment.
Frequently asked questions
Now they can put you in jail for stealing something cheap? Only if the requirements are met: minor theft or scam plus at least three previous final convictions of the same nature (one of them mild). Without that record, the answer remains, as a general rule, a fine.
How many previous convictions do you need? At least three, for final judgement and for offences of the same nature, at least one of them for a minor offence.
Do ancient background always count? No. The written or cancelled background is excluded from the computation.
Since when is it applied? Since 10 April 2026, the date of entry into force of Organic Law 1 / 2026.
This article is informative and does not constitute legal advice. The criminal qualification of an act depends on its specific circumstances and the proven history. In LEYNVER ABOGADOS we have a criminal law team that analyses each case and designs the best defence strategy. If you face an accusation, contact us as soon as possible.
