Article 127 quinquies [source]

Spanish Criminal Code
English translation

1. Judges and courts may also order the confiscation of assets, proceeds, and profits derived from the convicted person's prior criminal activity when the following requirements are met cumulatively:

a) That the individual is or has been convicted of any of the offenses referred to in Article 127 bis.1 of the Criminal Code.

b) That the offense was committed within the context of a continuing prior criminal activity.

c) That there are well-founded indications that a significant portion of the convicted person's assets derives from prior criminal activity.

Relevant indications include:

1. The disproportion between the value of the assets and proceeds in question and the convicted person's lawful income.

2. The concealment of ownership or any power of disposal over the assets or proceeds through the use of intermediary natural or legal persons or entities without legal personality, or tax havens or zero-tax territories that conceal or hinder the determination of the true ownership of the assets.

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

The provisions of the preceding paragraph shall only apply when there are well-founded indications that the subject has obtained, from their criminal activity, a benefit exceeding 6,000 euros.

2. For the purposes of the preceding paragraph, the offense shall be deemed to have been committed in the context of a continuing criminal activity provided that:

a) The subject is convicted or has been convicted in the same proceedings for three or more offenses from which a direct or indirect economic benefit has been derived, or for a continuing offense that includes at least three criminal offenses from which a direct or indirect economic benefit has been derived.

b) Or in the six-year period prior to the time when the proceedings were initiated in which he was convicted of any of the offenses referred to in Article 127 bis of the Criminal Code, he was convicted of two or more offenses from which he obtained an economic benefit, or of a continuing offense that includes at least two criminal offenses from which he obtained an economic benefit.