Article 261 of the Criminal Procedure Law

  Criminal Procedure Law

They will also not be obliged to report:

1. Whoever is the spouse of the offender who is not legally or de facto separated or the person who lives with him in a similar emotional relationship.

2. Those who are ascendants and descendants of the offender and his collateral relatives up to the second degree inclusive.

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This provision will not be applicable when it comes to a crime against life, a crime of homicide, of a crime of injury of articles 149 and 150 of the Penal Code, of a crime of habitual abuse provided for in article 173.2 of the Penal Code, of a crime against freedom or against sexual freedom and indemnity or of a crime of trafficking in human beings and the victim of the crime is a minor or a person with a disability in need of special protection.

art 261 lecrim

Following the update published on 06/05/2021 that came into effect on 06/25/2021, this article is modified by final provision 1.3 of Organic Law 8/2021, of June 4. Previously, article 110 said the following:

They will also not be obliged to report:

1. The spouse of the offender who is not legally or de facto separated or the person who lives with him in a similar emotional relationship.

2. The ascendants and descendants of the offender and his collateral relatives up to and including the second degree.

Article 261 – Modified with effect from 06/25/2021