Repeat Offender Law (LO 1/2026): When Minor Crimes Lead to Prison

Are you under investigation for theft or fraud with prior convictions?

In recent years, crimes against property have increased notably in Spain, especially petty theft and fraud committed repeatedly. This situation, highly visible in cases such as pickpockets in tourist areas or public transport, has generated a clear sense of impunity: quick arrests, almost immediate release and fines that, in practice, were not very deterrent.

The Criminal Code reform for repeat offenses, approved by Organic Law 1/2026, of April 8, changes that scenario. This is not a simple technical adjustment. It is a modification that toughens the criminal response and breaks with the idea that these acts are always resolved with a fine.

From now on, anyone being investigated for theft or fraud of small amounts cannot focus only on the amount. The focus shifts to prior convictions, repetition and how the case fits into the new aggravated offenses. This is where the role of the criminal defense attorney becomes decisive, because the defense can no longer focus only on the act under investigation, but also on the prior convictions, their validity and how they fit into the new aggravated offenses.

What does the repeat offender law reform consist of?

The reform has a clear objective: to strengthen the criminal response against repeat offenses, especially in petty theft and fraud.

To do this, it modifies several key provisions of the Criminal Code: article 22 (recidivism), article 66 (determination of sentence), article 80 (suspension of sentence), articles 234 and 235 (theft), articles 248 and 250 (fraud), articles 255 and 568. And it also introduces important changes in the Criminal Procedure Law, especially in articles 13, 105 and 544 bis.

The underlying idea is simple: the system stops evaluating only the specific act and begins to take into account the

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How will the repeat offender law affect pickpockets?

The impact in the area of pickpockets is direct. These behaviors —typically theft of bags, wallets, mobile phones or belongings on public transport, terraces or tourist areas— were until now punished as minor offenses when the value of what was stolen did not exceed 400 euros. In practice, the consequence was a fine that was very rarely collected.

With Organic Law 1/2026, a pickpocket who accumulates three prior convictions for crimes of the same nature will no longer receive a fine. They will face a prison sentence of six to eighteen months. Additionally, the reform introduces a specific aggravating factor for the theft of mobile phones and electronic devices containing personal data (art. 235.1.10.ª CP), which elevates the theft to the category of aggravated regardless of prior convictions.

Added to this are the new precautionary measures of article 544 bis of the LECrim: judges can now prohibit the person under investigation from going to certain neighborhoods, streets or areas where the acts were committed. This represents a procedural tool that did not exist before and that directly affects profiles of repeat offenses in specific spaces.

Criminal record history

The reform does not allow automatic and unreflective application of criminal toughening. It requires specific requirements.

Canceled records or those that should be canceled do not count. Nor does any property-related record without more. The law requires crimes of the same nature and, in certain cases, that they be included in the same corresponding title or chapter. Additionally, the prior conviction must be final.

This opens a very important technical area for criminal defense. It will be necessary to study whether the convictions invoked by the prosecution are truly homogeneous, whether they were valid, whether it was appropriate

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What changes in the Criminal Procedure Law

The reform not only toughens the substantive criminal response. It also expands procedural instruments to react earlier.

The new article 13 LECrim allows that, as first proceedings, measures aimed at preventing repeat offenses be adopted. Additionally, in crimes committed via internet, telephone or through other information and communication technologies, the court may order ex officio or at the request of a party the provisional removal of illicit content, the provisional interruption of services that offer them or the provisional blocking of both when they are located abroad.

Criminal action by local entities and reinforcement of precautionary measures

The reform also adds a new article 105.3 LECrim, which allows local entities to exercise criminal action for theft crimes. And it modifies article 544 bis LECrim to reinforce personal precautionary measures when strictly necessary to protect the victim or prevent repeat offenses, including prohibitions on residing in or going to certain places, as well as the possibility of using telematic devices in certain crimes of Organic Law 10/2022.

What to do if you are under investigation for a crime affected by this reform

The first mistake would be to downplay the importance of the procedure because the amount is low. The second, to think that the matter will be resolved the same way as a few months ago. And the third, to testify or make procedural decisions without having thoroughly studied the prior convictions and the possible application of the new aggravated offenses.

The transitional provision of the law reminds us that crimes committed before its entry into force will be tried according to the legislation in force at the time of their commission, unless the new law is more favorable to the defendant. This requires reviewing each case carefully, because not all procedures will be

Have you been charged with theft, fraud or pickpocketing? Act now.

How a criminal defense attorney can help you with the repeat offender reform

This reform reinforces an idea that should never be forgotten in criminal defense: technical details matter a lot.

It matters if the prior conviction was cancellable. It matters if the conviction was final. It matters if the previous crime was really of the same nature. It matters if the prosecution is forcing the application of the new aggravated regime. And it matters, very much, when the acts were committed.

Therefore, when a person is being investigated for theft, fraud or other crimes affected by this reform, they need serious defense from the beginning. Not to «see what happens,» but to study whether the aggravation is applicable, whether the sentence can be disputed and whether there are ways to prevent an apparently minor case from becoming a much more serious criminal problem. Having an attorney expert in repeat offenses is what makes the difference.

If you have been charged or investigated and are not clear how this Criminal Code reform for repeat offenses may affect you, it is advisable to analyze the matter as soon as possible. In criminal law, arriving late is almost always costly. And many times, the difference between an acceptable consequence and a much more serious conviction begins with a single decision: defending the case well from the start.

In the opinion of the undersigned attorney, Organic Law 1/2026 represents a necessary shift in the response to repeat property crimes. However, its practical application must be rigorous. Not every criminal history automatically justifies the jump to prison. Serious defense will involve examining each prior conviction with a magnifying glass: whether it was canceled, whether it was of the same nature, whether the conviction was final. That is the terrain where these procedures are won.

Frequently asked questions about the repeat offender law

When does the repeat offender reform take effect?