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I have read on the Interior Ministry website (Google translation link) that in Spain possession of a firearm, in the absence of any other crime (such as armed robbery) is only subject to a fine of up to €30,000.

My questions are:

  1. Is it correct that possession of a firearm in Spain is only punishable by a fine but not imprisonment?

  2. What happens if you cannot pay the fine?

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    The question seems to be contradictory. You refer to crimes for which "you would just receive a fine" (emphasis added). But you then talk about paying the fine to "avoid prison". If the offence is only subject to a fine then there is no prison to avoid in the first place. Please clarify whether you are referring to offences which carry only fines, or offences which are subject to a fine or imprisonment.
    – JBentley
    Aug 21, 2021 at 14:33
  • @JBentley I am asking whether I am correct: if someone is caught with a firearm is their worst punishment a fine, as it appears in the link I posted? How exactly does the fine work if you cannot pay it?
    – questioner
    Aug 21, 2021 at 19:25
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    Chapter V of the Spanish Criminal Code "On owning, trafficking and deposit of weapons, ammunition or explosives", Article 564, provides that "Possessing regulated firearms while lacking the necessary licences or permits shall be punished: 1. With a sentence of imprisonment from one to two years for handguns; 2. With a sentence of imprisonment of six months to one year for long firearms"
    – Michael Harvey
    Aug 21, 2021 at 20:44
  • From the link- "Si no constituyeren delitos" - "if they do not constitute crimes" (but are considered infractions)
    – Michael Harvey
    Aug 21, 2021 at 21:11
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    I edited the question so that it focuses on what appears to be your question (from the comments) and to remove the ambiguiity.
    – JBentley
    Aug 22, 2021 at 11:33

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Is it correct that possession of a firearm in Spain is only punishable by a fine but not imprisonment?

It depends...

Yes: "If they do not constitute crimes" as per the OP's linked article, otherwise:

No according to Article 564 of Spain's Criminal Code pdf:

  1. Possessing regulated firearms while lacking the necessary licences or permits shall be punished:
    1. With a sentence of imprisonment from one to two years for handguns;
    1. With a sentence of imprisonment of six months to one year for long firearms;
  1. The felonies defined in the preceding Section shall be punished, respectively, by prison sentences of two to three years and from one to two years, when any of the following circumstances concurs:
    1. When the weapons lack factory marks or serial numbers, or have these altered or obliterated;
    1. Which have been unlawfully imported into Spain;
    1. Which have been transformed, modifying their original characteristics.
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    How do we differentiate between possession which "constitutes a crime" and possession which does not?
    – JBentley
    Aug 22, 2021 at 13:10
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    I think it should be answered here, since it counts as my original question.
    – questioner
    Aug 22, 2021 at 19:38

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