Article 127 bis [source]

Spanish Criminal Code
English translation

1. The judge or court shall also order the confiscation of the assets, effects, and profits belonging to a person convicted of any of the following offenses when it determines, based on well-founded objective evidence, that the assets or effects derive from criminal activity, and their lawful origin is not proven:

a) Human trafficking offenses.

a bis) Organ trafficking offenses.

b) Offenses related to prostitution and sexual exploitation and corruption of minors, and offenses of sexual abuse and assault of minors under sixteen years of age.

c) Computer offenses under sections 2 and 3 of Article 197 and Article 264.

d) Offenses against property and against the socio-economic order in cases of continuing offenses and recidivism.

e) Offenses related to fraudulent insolvency.

f) Offenses against intellectual or industrial property.

g) Business corruption offenses.

h) Offences of receiving stolen goods as defined in section 2 of Article 298.

i) Money laundering offenses.

j) Offences against the Public Treasury and Social Security.

k) Offences against workers' rights as defined in Articles 311 to 313.

l) Offences against the rights of foreign nationals.

m) Offences against public health as defined in Articles 368 to 373.

n) Offences of counterfeiting currency.

o) Offences of bribery.

p) Offences of embezzlement.

q) Offences of terrorism.

r) Offences committed within a criminal organization or group.

2. For the purposes of the provisions of section 1 of this Article, the following indicators, among others, shall be given special consideration:

1. The disproportion between the value of the goods and effects in question and the lawful income of the convicted person.

2. The concealment of ownership or any power of disposal over the assets or effects through the use of interposed natural or legal persons or entities without legal personality, or tax havens or territories with no taxation that conceal or hinder the determination of the true ownership of the assets.

3. The transfer of the assets or effects through operations that hinder or prevent their location or destination and that lack a valid legal or economic justification.

3. In these cases, the provisions of paragraph 3 of the preceding article shall also apply.

4. If the convicted person is subsequently convicted for similar criminal acts committed previously, the judge or court shall assess the scope of the previous confiscation order when ruling on confiscation in the new proceedings.

5. The confiscation referred to in this article shall not be ordered when the criminal activities from which the assets or effects originate have prescribed or have already been the subject of criminal proceedings resolved by an acquittal or a dismissal order with res judicata effect.