Spain Toughens Penal Code: Up to 3 Years in Prison for Repeat Theft of Gadgets
Madrid, December 9, 2025
Spain is preparing a strict response to the wave of petty thefts: parties PSOE, PP, and Junts per Catalunya (with support from PNV and Vox) have reached an agreement on reforming the Penal Code that will turn minor repeat offenders into serious criminals. The bill, initiated by Catalan independents in 2024, has passed a key stage in the Congress Justice Commission and promises to radically change the approach to "multi-recidivists"—thieves who commit dozens of crimes and get away with fines.
Key legal changes:
- Automatic recidivist status: After three thefts of the same category (hurto—petty theft), a person automatically lands on a "blacklist." This is an aggravating circumstance, regardless of the value stolen.
- End of the "safe" €400 threshold: Even stealing a €50 phone can now be classified as a serious crime (delito agravado) if there is a prior record.
- Prison for gadgets: Repeat theft of a mobile phone, tablet, or other device carries a sentence of 1 to 3 years in prison (instead of a fine or probation). Exception: shop window displays.
- Bans from "hot zones": Courts will be able to order recidivists to stay away from their usual territories—central Barcelona, tourist areas, or airports. This strengthens precautionary measures (medidas cautelares).
The reform affects not only theft but also minor fraud (estafa), where repeat offenders risk up to 6 years in prison. The goal is to break the vicious cycle: in Barcelona during the first half of 2025, just 266 people committed 5,284 crimes, mostly pickpocketing.
Police skepticism and real successes
Catalan police force Mossos d’Esquadra, which combats street crime, welcomes the idea with reservations. "Harsher sentences are good, but 80% of our cases are closed as 'attempted theft' due to bureaucracy. Prison isn’t a panacea—recidivists get out and continue," notes a Mossos expert in a comment for La Vanguardia. According to their data, in 2024, 637 individuals were arrested in connection with 6,933 incidents, and recidivism has doubled over four years.
However, bans from high-risk zones have already proven effective. At Barcelona’s El Prat Airport, after introducing 49 such restrictions, thefts plummeted—from over 700 per month (May 2024) to 393 (May 2025, -56%). Overall thefts dropped by 18–20% in early months, thanks to doubled patrols. "It works: recidivists simply avoid the restricted zones," emphasize Mossos.
Political context and timeline
The agreement represents a rare "exotic" alliance between PSOE (left), PP (right), and Junts, despite Junts' broken relations with Sánchez’s government. The opposition (Podemos, EH Bildu) protests: "More prison isn’t the solution—rehabilitation and social support are needed." ERC remains cautious.
The bill will pass through committee on December 10, 2025, and receive final approval at the first plenary session in February 2026. If everything aligns, the reform will take effect in spring, allowing Spanish tourists to breathe easier.
Source: La Vanguardia, El PaĂs, EFE, El Mundo.