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Purpose

This paper aims to analyse the Spanish confiscation regulation considering the specialised literature as well as the relevant case law.

Design/methodology/approach

The Spanish confiscation regulation and the practical application is discussed in this paper.

Findings

The paper shows the shortfalls in the regulation with regards to Spain's international obligations and the inconsistencies in the judicial application of the legislation, which limit the possibilities of putting a stop to criminal activity centring on obtaining huge profits.

Research limitations/implications

The paper focuses exclusively on the general Spanish confiscation regulation, dispensing with compared analysis. Only Spanish literature is used.

Originality/value

The paper provides readers of other nationalities a complete overview of the matter.

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