// Spanish criminal law

Fiction’s villains before the Spanish Criminal Code

What crimes would 61 villains of fiction commit if their acts happened in Spain today? Each crime with its article of the Criminal Code, linked to the official text in the BOE, and the penalty the law sets.

What this is not

  • It is not legal advice or an expert opinion. It is a popular-science reading to understand the Criminal Code with familiar examples.
  • The penalties are the ranges the law sets for each crime. The actual sentence would depend on the circumstances, the degree of participation, the combination of crimes and what a court considers proven.
  • There is no total sentence: when several crimes add up, article 76 limits how long a sentence is actually served, and that limit depends on the penalties actually imposed.
  • Only fictional villains. Real people are never analysed here.

The crimes

Murder

Art. 139 CP

Killing another person treacherously (alevosía); for a price, reward or promise; with cruelty, deliberately and inhumanely increasing the victim's pain; or to facilitate another crime or prevent its discovery.

Fifteen to twenty-five years in prison.

One of the four circumstances is enough. If more than one is present, the penalty is imposed in its upper half (139.2). Wording of LO 1/2015.

Who would commit it: Arthur Fleck, Light Yagami, Hannibal Lecter, R. Raskolnikov, Harvey Dent, Tom Ripley, Alonzo Harris, Genny Savastano, Yago, Michael Corleone, Tony Montana, Zé Pequeño, Wilson Fisk, Jaws, Gustavo Fring, John Kramer, Shōgo Makishima, Walter Kovacs, Johan Liebert, Villanelle, Tom Riddle, Frank Underwood, Michael Myers, Joe Goldberg, Anton Chigurh, Stringer Bell, Edward Hyde, Norman Bates, Tommy Shelby, Tony Soprano, Nucky Thompson, Leonard Shelby, Tommy DeVito, Frank Costello, Negan, Vaas Montenegro

Aggravated murder

Art. 140 CP

Murder where the victim is under sixteen or especially vulnerable by age, illness or disability; following a sexual offence committed by the perpetrator on the victim; or committed by a member of a criminal group or organisation (140.1). Also anyone convicted of murder for the deaths of more than two people (140.2).

Reviewable permanent imprisonment (life sentence subject to review).

Under 140.2 the offender must have been convicted of the deaths of more than two people (that is, three or more); the rules of art. 78 bis on third-degree prison classification and review also apply. Reviewable permanent imprisonment was introduced by LO 1/2015.

Who would commit it: Walter White, Arthur Fleck, Light Yagami, Dexter Morgan, Hannibal Lecter, Erik Lehnsherr, Michael Corleone, Cersei Lannister, Norman Osborn, Paul, Gustavo Fring, Tom Riddle, Leatherface, Buffalo Bill, Kevin, Carrie White

Inducement to suicide

Art. 143.1 CP

Inducing another person to take their own life.

Four to eight years in prison.

Cooperating with acts necessary for the suicide is punished separately (143.2: two to five years; 143.3: six to ten if the cooperation goes as far as carrying out the death). Since LO 3/2021 (euthanasia), 143.5 exempts from criminal liability anyone who acts in accordance with the euthanasia law.

Who would commit it: Johan Liebert

Bodily harm

Art. 147.1 CP

Causing another person, by any means, an injury that impairs their bodily integrity or their physical or mental health and that objectively requires medical or surgical treatment beyond first aid.

Three months to three years in prison, or a fine of six to twelve months.

Merely monitoring or following up the course of the injury does not count as medical treatment. Injuries that require no treatment are a minor offense (147.2: a fine of one to three months), and striking someone without causing injury carries a fine of one to two months (147.3); both are prosecuted only upon a complaint.

Who would commit it: Walter White, Alex DeLarge, Yago, Francis Begbie, Frank Booth, Zé Pequeño, Paul, Walter Kovacs, Edward Hyde, Jack Torrance, William Foster

Grievous bodily harm

Art. 149.1 CP

Causing another person the loss or uselessness of a principal organ or limb or of a sense, impotence, sterility, serious disfigurement, or a serious physical or mental illness.

Six to twelve years in prison.

149.2 imposes the same penalty for genital mutilation.

Who would commit it: Bill the Butcher, Frank Booth, John Kramer, Negan

Unlawful detention

Art. 163.1 CP

Locking up or detaining another person, depriving them of their liberty, by a private individual.

Four to six years in prison.

The penalty is lowered by one degree if the detainee is released within the first three days without the objective having been achieved (163.2); five to eight years if the confinement lasts more than fifteen days (163.3). If committed by a public authority or official, other provisions apply.

Who would commit it: Walter White, Dexter Morgan, Harvey Dent, Trevor Philips, Erik Lehnsherr, O'Brien, Norman Osborn, Immortan Joe, Paul, Handsome Jack, John Kramer, Joe Goldberg, Leatherface, Buffalo Bill, Leonard Shelby, Kevin, Bane, Carrie White

Kidnapping

Art. 164 CP

Kidnapping a person and demanding some condition for their release.

Six to ten years in prison.

The penalty is raised by one degree if the kidnapping lasts more than fifteen days, and lowered by one degree if the victim is released within the first three days without the objective having been achieved (by reference to 163.3 and 163.2).

Who would commit it: Frank Booth, Vaas Montenegro

Conditional threats

Art. 169.1.º CP

Threatening another person, their family or people closely linked to them with harm amounting to a crime (homicide, injury, against liberty, torture, against property…), demanding money or imposing any other condition, even a lawful one.

One to five years in prison if the purpose is achieved; six months to three years if not.

The article has no paragraph “1”: what is cited as 169.1 is number 1.º of art. 169. The penalties are imposed in their upper half if the threat is made in writing, by telephone or by any other means of communication, or in the name of real or supposed groups. An unconditional threat is punished with six months to two years (169.2.º).

Who would commit it: Harvey Dent, Frank Underwood, Anton Chigurh, Alex Forrest, William Foster

Coercion

Art. 172.1 CP

Without lawful authority, using violence to prevent someone from doing what the law does not forbid, or forcing them to do what they do not want to do, whether just or unjust.

Six months to three years in prison, or a fine of twelve to twenty-four months, depending on the seriousness of the coercion or the means used.

Upper half if the aim is to prevent the exercise of a fundamental right or the lawful enjoyment of a home.

Who would commit it: Alonzo Harris, Wilson Fisk

Degrading treatment

Art. 173.1 CP

Subjecting another person to degrading treatment that seriously undermines their moral integrity.

Six months to two years in prison.

The same penalty applies to serious workplace harassment, housing harassment and, since LO 14/2022, anyone who repeatedly conceals from the family the whereabouts of a person’s body. Paragraph 1 was last amended by LO 4/2023 (in force since April 29, 2023).

Who would commit it: Cersei Lannister, Paul, Handsome Jack, Buffalo Bill

Torture

Art. 174 CP

A public authority or official who, abusing their office, subjects a person to conditions or procedures causing physical or mental suffering, suppressing or diminishing their faculties, or attacking their moral integrity, to obtain a confession or information, to punish them, or for discriminatory reasons.

Two to six years in prison if serious, one to three years if not; plus, in all cases, absolute disqualification for eight to twelve years.

Torture under art. 174 requires that it be committed by a public authority or official abusing their office. A private individual (a villain with no office) does not commit this offense: their acts would fall under degrading treatment (173.1), bodily harm, etc.

Who would commit it: O'Brien

Human trafficking

Art. 177 bis.1 CP

Recruiting, transporting, transferring, harbouring or receiving a person through violence, intimidation, deception or abuse of superiority, need or vulnerability (or by paying whoever controls them), for forced labour, slavery or servitude, sexual exploitation, exploitation for criminal activities, organ removal or forced marriage.

Five to eight years in prison.

With minors, no means is required (177 bis.2). The penalty is raised by one degree if the victim’s life is endangered, if the victim is especially vulnerable or a minor, or displaced by an armed conflict or disaster (letter added by LO 13/2022); also if the offense is committed by an authority or an organization.

Who would commit it: Fagin, Immortan Joe, Vaas Montenegro

Breaking into a dwelling

Art. 202.1 CP

A private individual entering someone else's home without living there, or staying in it, against the occupant's will.

Six months to two years in prison.

With violence or intimidation: imprisonment of one to four years and a fine of six to twelve months (202.2).

Who would commit it: Alex DeLarge, Paul, Michael Myers, Joe Goldberg, Alex Forrest

Discovery and disclosure of secrets

Art. 197.1 CP

In order to discover another person's secrets or violate their privacy without consent, seizing their papers, letters, emails or other documents or personal effects, intercepting their telecommunications, or using technical devices to listen to, record or reproduce sound or images.

One to four years in prison and a fine of twelve to twenty-four months.

Who would commit it: Dexter Morgan, Joe Goldberg

Theft

Art. 234.1 CP

Taking someone else's movable property for profit without the owner's consent (without force or violence).

Six to eighteen months in prison if the value exceeds 400 euros.

If the value does not exceed 400 euros, it is a minor offense (a fine of one to three months, 234.2), unless the offender has at least three convictions for offenses of the same nature under this title (one of them minor): in that case the penalty of 234.1 applies. This repeat-offender rule was rewritten by LO 1/2026 of April 8 (in force since April 10, 2026).

Who would commit it: Fagin

Robbery with violence or intimidation

Art. 242.1 CP

Taking someone else's movable property using violence or intimidation against people.

Two to five years in prison, plus any penalty for the physical violence used.

Three years and six months to five years if committed in an inhabited dwelling or premises open to the public (242.2); upper half if weapons or other dangerous means are used (242.3).

Who would commit it: Omar Little, R. Raskolnikov, Trevor Philips, Alonzo Harris, Anton Chigurh, Tommy DeVito, Bane

Extortion

Art. 243 CP

For profit, forcing another person through violence or intimidation to carry out or refrain from a legal act or transaction to the detriment of their own or a third party's assets.

One to five years in prison, plus any penalty for the physical violence used.

Who would commit it: Wilson Fisk, Tommy Shelby, Tony Soprano, Frank Costello, Negan

Fraud

Art. 248 CP

For profit, deceiving another person with sufficient deceit so that they dispose of property to their own or a third party's detriment.

Six months to three years in prison; a fine of one to three months if the amount does not exceed 400 euros.

Since LO 14/2022 (in force since January 12, 2023), the penalty is set in art. 248 itself, not in 249; 249 now covers computer fraud and card fraud, with the same penalty. LO 1/2026 added to 248 that, below 400 euros, the prison penalty applies if the offender has at least three convictions for offenses of the same nature under this chapter (one of them minor), and that the fine does not apply if a circumstance of 250 is present.

Who would commit it: Tom Ripley, Yago

Criminal damage

Art. 263.1 CP

Damaging someone else's property, where not covered elsewhere in the Code.

A fine of six to twenty-four months (one to three months if the damage does not exceed 400 euros).

The basic offense carries no prison term. 263.2 raises it to imprisonment of one to three years plus a fine in aggravated cases: revenge against authorities or witnesses, infection of livestock, poisonous or corrosive substances, property for public use, ruin of the victim, or damage of particular seriousness.

Who would commit it: Jack Torrance, Alex Forrest, William Foster

Money laundering

Art. 301.1 CP

Acquiring, possessing, using, converting or transferring assets knowing they come from criminal activity (one's own or someone else's), or any other act to conceal their illicit origin or help those involved evade the legal consequences.

Six months to six years in prison and a fine of one to three times the value of the assets.

Upper half if the assets come from drug trafficking, human trafficking, corruption and other offenses listed in the article itself. Through gross negligence: six months to two years (301.3).

Who would commit it: Walter White, Tony Montana, Gustavo Fring, Stringer Bell, Tony Soprano

Havoc (causing mass destruction)

Art. 346.1 CP

Using explosions or any means of similar destructive power to destroy airports, ports, stations, buildings, transport routes, public transport, bridges, mines, facilities or essential supplies (water, electricity…), where this necessarily endangers people's life or physical integrity.

Ten to twenty years in prison.

Without that danger to people: four to eight years (346.2). If there are also victims, the deaths or injuries are punished separately (346.3).

Who would commit it: Cersei Lannister, Norman Osborn, Bane, William Foster

Arson endangering life

Art. 351 CP

Starting a fire that endangers people's life or physical integrity.

Ten to twenty years in prison.

The court may lower the penalty by one degree depending on how minor the danger was. Without danger to people, it is punished as criminal damage (art. 266).

Who would commit it: Ra's al Ghul, Carrie White

Drug trafficking

Art. 368 CP

Growing, producing or trafficking toxic drugs, narcotics or psychotropic substances, or otherwise promoting, encouraging or facilitating their illegal consumption, or possessing them for those purposes.

Substances causing serious harm to health: three to six years in prison and a fine of one to three times the value of the drugs. Other substances: one to three years in prison and a fine of up to twice their value.

Courts may lower the penalty by one degree because of the minor seriousness of the act, unless the situations in arts. 369 bis (membership in a criminal organization) or 370 (use of minors, leaders of the organization, extreme seriousness) apply.

Who would commit it: Walter White, Trevor Philips, Genny Savastano, Francis Begbie, Frank Booth, Tony Montana, Zé Pequeño, Gustavo Fring, Stringer Bell, Vaas Montenegro

Document forgery

Art. 392.1 CP

A private individual who forges a public, official or commercial document in any of the ways listed in the first three points of art. 390.1 (altering essential elements, fabricating all or part of a document, or attributing statements or participation that never happened).

Six months to three years in prison and a fine of six to twelve months.

The same penalties apply to anyone who traffics in a false identity document; anyone who merely uses one knowingly: six months to one year and a fine of three to six months (392.2). The forgeries referred to are those in art. 390.1.1.º to 3.º (verified); the 4th, misrepresenting the truth in the narration of the facts, is not punishable for a private individual by this route.

Who would commit it: Tom Ripley

Bribery (passive)

Art. 419 CP

A public authority or official who, for their own or a third party's benefit, receives or requests (directly or through an intermediary) a gift, favour or payment, or accepts an offer or promise, to perform an act contrary to the duties of their office or to unjustifiably fail to perform or delay one they should.

Three to six years in prison, a fine of twelve to twenty-four months, and disqualification from public office and from standing for election for nine to twelve years.

Only a public authority or official can commit it; the private individual who pays the bribe commits the active bribery of art. 424. The act performed, omitted or delayed is also punished if it is an offense.

Who would commit it: Nucky Thompson

Criminal organisation

Art. 570 bis.1 CP

Promoting, setting up, organising, coordinating or leading a criminal organisation: a group of more than two people, stable or indefinite, that shares out tasks in a concerted and coordinated way in order to commit crimes.

For founders, organisers, coordinators or leaders: four to eight years in prison if its aim is to commit serious offences, three to six years otherwise.

Members or collaborators: two to five years (serious offenses) or one to three. A “serious offense” is one punishable by a serious penalty, e.g. imprisonment of more than five years (art. 33.2). Upper half if the organization is large or has weapons or advanced technological means (570 bis.2), or if its offenses are against life, liberty or sexual freedom, or involve human trafficking (570 bis.3).

Who would commit it: Bill the Butcher, Genny Savastano, Fagin, Michael Corleone, Tony Montana, Immortan Joe, Zé Pequeño, Wilson Fisk, Jaws, Gustavo Fring, Villanelle, Tom Riddle, Ra's al Ghul, Stringer Bell, Tommy Shelby, Tony Soprano, Nucky Thompson, Tommy DeVito, Frank Costello, Negan, Vaas Montenegro

Terrorism

Art. 573 y 573 bis.1 CP

Committing serious crimes against life, physical integrity, liberty, property, public health and others listed in art. 573 (including havoc, arson or hijacking transport) with the aim of subverting the constitutional order, seriously disturbing public peace, destabilising an international organisation, or spreading terror among the population.

If a person is killed: imprisonment for the maximum term provided in the Code (573 bis.1.1st).

Art. 573 bis does not say “reviewable permanent imprisonment” in those words, but “the maximum term provided for in this Code”; the most serious penalty in the Code is reviewable permanent imprisonment (art. 33.2.a), and arts. 78 bis.3 and 92.2 govern how it is served by those convicted of terrorism. Other cases under 573 bis.1: 20-25 years if the whereabouts of a kidnapped person are not disclosed; 15-20 for serious injuries, kidnapping, havoc or arson; 10-15 for other injuries, detention, threats or coercion. Wording of LO 2/2015 (paragraph 4 amended by LO 14/2022).

Who would commit it: Erik Lehnsherr, Shōgo Makishima, Ra's al Ghul, Bane

Crime against humanity

Art. 607 bis.2.1.º CP

Causing a person's death as part of a widespread or systematic attack against the civilian population or part of it.

Reviewable permanent imprisonment (life sentence subject to review).

It is a crime against humanity in all cases if committed because the victim belongs to a persecuted group or within an institutionalized regime of racial oppression (607 bis.1). Other cases under 607 bis.2: enforced disappearance (12-15 years), deportation (8-12), slavery (4-8), serious torture (4-8)…

Who would commit it: Handsome Jack, Tom Riddle

Circumstances that change the penalty

  • Grounds for exemption (art. 20): Exempt from criminal liability: 1) anyone who, due to a mental anomaly or disorder, cannot understand that the act is unlawful or act according to that understanding (temporary insanity does not exempt if self-induced to commit the crime); 2) anyone fully intoxicated by alcohol or drugs, not sought in order to offend, or under a withdrawal syndrome preventing that understanding; 3) anyone whose awareness of reality is seriously altered by perception disorders since birth or childhood; 4) self-defence (unlawful aggression, reasonable necessity of the means, no sufficient provocation); 5) necessity (harm caused not greater than harm avoided, not deliberately provoked, no duty to sacrifice oneself); 6) insurmountable fear; 7) acting in fulfilment of a duty or lawful exercise of a right, profession or office.
  • Mitigating circumstances (art. 21): 1) Incomplete grounds for exemption; 2) acting because of a serious addiction to alcohol or drugs; 3) acting in a fit of rage, blind passion or similar emotional state; 4) confessing to the authorities before knowing proceedings are directed against oneself; 5) repairing or reducing the harm to the victim before trial; 6) extraordinary and undue delay in the proceedings not attributable to the accused; 7) any other circumstance of similar significance.
  • Aggravating circumstances (art. 22): 1) Treachery (alevosía: ensuring the act without risk from the victim's defence); 2) disguise, abuse of superiority, or exploiting place, time or help from others that weakens the victim's defence or aids impunity; 3) acting for a price, reward or promise; 4) racist, antisemitic, anti-Roma or other discriminatory motives (ideology, religion, ethnicity, sex, sexual orientation or identity, gender, aporophobia, illness, disability…); 5) cruelty (deliberately and inhumanely increasing the victim's suffering); 6) abuse of trust; 7) taking advantage of a public position; 8) recidivism.
  • Age of criminal responsibility (art. 19): Under-18s are not criminally liable under the Criminal Code; if they commit an offence they may be held liable under the law governing the criminal responsibility of minors.
  • Maximum time served (art. 76.1): However many sentences are added up, the time actually served cannot exceed three times the most serious sentence imposed, nor 20 years. Exceptions: 25 years if one of the offences carries up to 20 years; 30 if one carries more than 20; 40 if two or more carry more than 20, or if there are two or more terrorism offences and one carries more than 20. If any offence carries reviewable permanent imprisonment, arts. 92 and 78 bis apply.

Checked against the consolidated text of the Criminal Code (LO 10/1995) in the BOE on 12 October 2026. English wording is ours and not an official translation. BOE-A-1995-25444.