Multirrecidivism Law 2026: what changes for companies and criminal lawyers

Key data

Offenders with multiple prior convictions will have fewer options to access penitentiary benefits or sentence suspensions as of April 8, 2026. This is established by the Organic Law 1/2026, of April 8, on multirrecidivism, published in the Official Gazette on April 9, 2026.

The regulation modifies two reference legal texts: the Organic Law 10/1995, of November 23, of the Criminal Code, and the Criminal Procedure Law, approved by Royal Decree of September 14, 1882. The stated objective is to deter recidivism and strengthen legal certainty against habitual offenders.

For the business world, the regulation does not generate direct compliance obligations, but it does have operational and risk management implications, especially in sectors with high exposure to repeated property crimes.

What does this regulation establish?

LO 1/2026 introduces specific criminal treatment for multirrecidivism: the situation of those who commit crimes repeatedly having already accumulated multiple prior convictions. The changes are structured around two main axes:

• Toughening of penalties: Penalties applicable to repeat offenders are aggravated, beyond what was already provided for in the general recidivism regime of the Criminal Code.
• Restriction of penitentiary benefits: The possibility of accessing penitentiary benefits and sentence suspensions is limited for those in a situation of multirrecidivism.

These changes directly affect judicial and penitentiary practice, modifying the criteria that judges, prosecutors and prison officials must apply in case resolution and in the management of inmates with multiple prior convictions.

Economic and operational impact

LO 1/2026 does not generate direct costs for companies in the form of fees, administrative sanctions or new regulatory compliance obligations. Its impact in the business sphere is indirect in nature but relevant in two dimensions:

1. Reduction of risk from repeated property crimes. Sectors such as retail and hospitality are particularly exposed to thefts, robberies and other property crimes committed by persons with multiple prior convictions. By toughening penalties and restricting penitentiary benefits for repeat offenders, the regulation seeks to reduce recidivism and, with it, the frequency of such incidents.

2. Changes in legal and penitentiary practice. Companies that manage criminal proceedings as victims or injured parties will see changes in timelines and judicial resolutions, as the criteria applicable to defendants with multiple prior convictions are modified. Criminal law firms and legal departments handling such cases must update their action criteria.

Who does it affect?

• Criminal lawyers: Must review their defense and prosecution strategy in cases of clients or opposing parties with multiple prior convictions, given that the rules of penalty and access to benefits have changed.
• Judges and prosecutors: Must apply the new criteria for aggravating penalties and restricting penitentiary benefits in their rulings from April 8, 2026.
• Prison officials: The criteria for granting penitentiary benefits to repeat offender inmates are modified, affecting internal management of penitentiary facilities.
• Retail sector companies: High exposure to repeated property crimes (thefts, robberies). The regulation strengthens the deterrent framework against habitual offenders.
• Hospitality sector companies: Equally exposed to repeated property crimes. They benefit from the deterrent effect of the regulation.
• Legal and compliance departments: Must understand the new framework to properly advise in cases where the company acts as a victim or injured party in criminal proceedings.

Practical example

A supermarket chain with several stores in urban areas detects that the same individual has been arrested on three separate occasions for thefts in its stores, with prior convictions in each case. Before LO 1/2026, that individual could access sentence suspensions or penitentiary benefits under the general regime, which in practice meant that he was back in freedom within a relatively short period.

With the entry into force of LO 1/2026, that same individual, by accumulating multiple prior convictions, falls under the multirrecidivism regime. This means that the judge must apply aggravated penalties and that access to penitentiary benefits or sentence suspensions is restricted. The practical result for the company is a higher probability that the individual will remain deprived of liberty for a longer time, reducing the store's exposure to new incidents by that person.

For the company's lawyer acting as private prosecutor, this means that he must know and correctly argue the defendant's multirrecidivism situation so that the judge applies the new aggravated regime.

What should companies do now?

1. Inform the legal department or legal advisory: Communicate the content of LO 1/2026 to those responsible for the company's legal matters so they update their action criteria in criminal proceedings where the company is a victim or injured party.
2. Review ongoing criminal proceedings: If the company has active criminal proceedings against persons with multiple prior convictions, verify with the lawyer whether it is appropriate to argue the multirrecidivism situation under the new framework.
3. Update security protocols in exposed sectors: Retail and hospitality companies should take advantage of the new legal framework to strengthen the documentation of repeated incidents, facilitating the accreditation of multirrecidivism before the courts.
4. Train security and customer service personnel: In sectors with high exposure to property crimes, ensure that staff knows how to document and report incidents in a way that is useful in a potential criminal proceeding.
5. Consult with a specialized criminal lawyer: Companies in exposed sectors should seek advice from a criminal law specialist to adapt their legal strategy to the new regulatory framework.