The prosecution of fisheries crime in Spanish criminal law: The impact of European Union regulations

This contribution offers a critical reflection on fisheries crime as described in the Spanish Penal Code. It sets out reasons why its treatment is considered ineffective, and administrative offences sanctions provided for Law 3/2001 Maritime Fisheries are more effective dissuasive. However, it also considers that legislative policy relying severity of effectiveness may be counterproductive. The most recent judgements ECtHR consider disproportionate sanction equivalent to penalty should therefore imposed with same procedural substantive safeguards. Finally, concluded order avoid impunity serious crimes field IUU fishing activities, often managed by transnational organised criminal networks links other jurisdiction essential. Therefore, reform Criminal Code required, extending conducts punishable crimes, increasing penalties establishing liability legal persons.