As of this Friday, committing petty thefts repeatedly can turn out much more expensive: even with prison sentences. Organic Law 1/2026 comes into force immediately and marks a before and after in the criminal response to multi-recidivism, a phenomenon that, according to the legislator, directly affects public safety and local commerce.
One of the most visible changes affects the theft of mobile phones, which now has its own aggravated type. The law recognizes that stealing a mobile phone is not just losing an object, but also personal data, account access, and privacy. Therefore, the penalty is no longer a simple fine and can reach between six and eighteen months in prison, except in the case of devices displayed in stores.
The central axis of the reform is in the repeat offenders. Whoever commits a theft under 400 euros but accumulates three previous convictions for similar crimes, at least one of them minor, will no longer face a fine and will go directly to prison sentences. The leap is forceful: from weeks-long sanctions to sentences that can reach a year and a half.
This same scheme applies to minor fraud. Although the amount is small, repetition makes the crime more serious, with penalties of between six months and three years in prison. The rule thus seeks to curb repeated practices that, despite their low individual value, generate a significant cumulative impact.
The countryside also gains protection with this reform. The thefts in agricultural and livestock farms will be easier to punish as aggravated, since it will be enough for the value of what was stolen exceeds 400 euros. The objective is to protect an especially vulnerable sector, where losses go far beyond the market value of the stolen goods.
Another relevant novelty is the toughening of the so-called "petaqueo". The use of fuel as an flammable substance will now be punished with penalties of between three and five years of prison, reflecting the risk that these behaviors pose to public safety.
In addition to toughening penalties, the law strengthens the capacity for action of institutions. City councils will be able to exercise criminal action in theft offenses, and judges will have more leeway to impose precautionary measures from the beginning of the process, such as prohibitions of access to certain areas to prevent repeat offenses.
