Article 70 [source]

Spanish Criminal Code
English translation

1. The penalty one degree higher or lower than that prescribed by law for any crime shall be determined by the following rules:

1. The penalty one degree higher shall be calculated by taking the maximum amount prescribed by law for the crime in question and adding half of that amount, the resulting sum constituting its maximum limit. The minimum limit of the penalty one degree higher shall be the maximum penalty prescribed by law for the crime in question, increased by one day or by a fine, depending on the nature of the penalty to be imposed.

2. The penalty one degree lower shall be calculated by taking the minimum amount prescribed by law for the crime in question and deducting half of that amount, the result of such deduction constituting its minimum limit. The maximum limit of the penalty one degree lower shall be the minimum penalty prescribed by law for the crime in question, reduced by one day or by a fine, depending on the nature of the penalty to be imposed.

2. For the purposes of determining the upper or lower half of the penalty or specifying the penalty one degree lower or higher, the day or the day fine shall be considered indivisible and shall act as penal units of more or less, as the case may be.

3. When, in the application of rule 1 of paragraph 1 of this article, the next higher penalty exceeds the maximum limits established for each penalty in this Code, the following shall be considered as immediately higher:

1. If the determined penalty is imprisonment, the same penalty, with the clause that its maximum duration shall be 30 years.

2. If it is absolute or special disqualification, the same penalty, with the clause that its maximum duration shall be 30 years.

3. If it is suspension from employment or public office, the same penalty, with the clause that its maximum duration shall be eight years.

4. In the case of deprivation of the right to drive motor vehicles and mopeds, the same penalty shall apply, with the stipulation that its maximum duration shall be 15 years.

5. In the case of deprivation of the right to possess and carry weapons, the same penalty shall apply, with the stipulation that its maximum duration shall be 20 years.

6. In the case of deprivation of the right to reside in or visit certain places, the same penalty shall apply, with the stipulation that its maximum duration shall be 20 years.

7. In the case of a prohibition on approaching the victim or those of their relatives or other persons determined by the judge or court, the same penalty shall apply, with the stipulation that its maximum duration shall be 20 years.

8. In the case of a prohibition on communicating with the victim or those of their relatives or other persons determined by the judge or court, the same penalty shall apply, with the stipulation that its maximum duration shall be 20 years.

9. If it were a fine, the same penalty, with the clause that its maximum duration will be 30 months.

4. The penalty one degree lower than that of life imprisonment is a prison sentence of twenty to thirty years.