National Court: what crimes it investigates and why it is not Spain’s most important court

The National Court is frequently associated with investigations into terrorism, major fraud, drug trafficking, criminal organisations and crimes committed outside Spain. However, it is not a court reserved for every particularly serious matter, nor a higher court that can take on all the country’s significant proceedings.

Its powers are defined by law and depend mainly on the type of crime, its territorial scope, the involvement of criminal organisations or its international nature. Although it is based in Madrid, its jurisdiction extends across the whole of Spain, as established by Article 62 of the Organic Law on the Judiciary.

The National Court consists of four chambers: the Appeals Chamber, the Criminal Chamber, the Administrative Litigation Chamber and the Employment Chamber. Its work is therefore not limited to criminal matters. It also rules on certain appeals against decisions by the General State Administration and on labour disputes affecting more than one autonomous region.

Does the National Court investigate criminal cases?

The expression “the National Court investigates” is commonly used to refer to the group of central judicial bodies involved in these proceedings. From a legal perspective, however, it is important to distinguish between investigation and trial.

Until the end of 2025, investigations were handled by the former Central Investigating Courts. Organic Law 1/2025, on measures concerning the efficiency of the Public Justice Service, changed the judicial structure and created the Central Court of First Instance. On 31 December 2025, the former central courts were transformed into various sections of this new court.

Since then, the Investigating Section of the Central Court of First Instance has investigated cases whose subsequent trial falls to the Criminal Chamber of the National Court or, where provided for by procedural legislation, to the Criminal Section of the Central Court of First Instance itself. This function is set out in Article 95 of the Organic Law on the Judiciary.

The National Court can therefore try certain proceedings and rule on appeals, but it is not currently the body responsible for investigating every case that subsequently reaches its chambers.

Terrorism and terrorist organisations

Terrorism is one of the areas of jurisdiction most closely associated with the National Court. For decades, its criminal bodies and the National Court Prosecutor’s Office have been involved in proceedings relating to this type of crime.

The allocation of these matters to the central judicial bodies has a long legislative history. Organic Law 4/1988 established that the central bodies would continue to deal with crimes related to armed groups and terrorist elements, as well as connected offences. Following the 2025 judicial reorganisation, investigative functions were incorporated into the Central Court of First Instance.

The jurisdiction is not limited to the material execution of attacks. It may also include conduct linked to terrorist organisations, recruitment, indoctrination, financing, collaboration or certain acts of cyberterrorism, always within the criminal offences defined in the Criminal Code.

Major fraud and economic crime

The National Court does not deal with every fraud or economic crime. The Organic Law on the Judiciary establishes specific criteria for such proceedings to reach its bodies.

Its Criminal Chamber may hear fraud and schemes to manipulate prices when they cause or could cause serious repercussions for the security of commercial transactions or the national economy. It may also intervene when the financial loss affects a broad group of people in areas corresponding to more than one provincial court.

The territorial and economic dimension is decisive. A fraud against an individual or a company does not automatically fall within the National Court’s jurisdiction simply because the amount involved is substantial. The legally established requirements must be met.

This area also includes proceedings relating to organised and socioeconomic crime, currency counterfeiting and fraud involving means of payment.

Currency counterfeiting and means of payment

The National Court may hear cases involving currency counterfeiting and the manufacture of fake credit or debit cards, counterfeit travellers’ cheques or other non-cash payment instruments when these activities are carried out by criminal organisations or groups.

In these cases, the nature of the crime is not the only relevant factor. The involvement of a criminal organisation or group is one of the conditions that may determine the jurisdiction of the central bodies.

Organised drug trafficking and related offences

Nor does every drug-trafficking offence fall within the National Court’s jurisdiction. The law assigns its bodies certain offences involving narcotic drugs when they are committed by organised gangs or groups and have effects in territories belonging to different provincial courts.

This provision explains why proceedings against major drug-trafficking organisations operating in different parts of Spain may come under this jurisdiction. Other drug-related offences, by contrast, are investigated and tried by the appropriate territorial judicial bodies.

The same legislation covers, under similar conditions, certain food fraud offences and crimes involving pharmaceutical or medicinal substances.

Crimes committed outside Spain

The international dimension is another characteristic of the National Court. Its Criminal Chamber may hear crimes committed outside Spain when, under Spanish law or international treaties, their trial falls to the Spanish courts.

This does not mean that every crime committed in another country can be investigated by Spain. Criminal jurisdiction over acts occurring abroad is subject to the requirements set out in the Organic Law on the Judiciary and to the reforms that have restricted the scope of so-called universal jurisdiction.

When the legal conditions are met, this area may include investigations into acts that could be classified as genocide, crimes against humanity or war crimes. Proceedings may also be brought against criminal organisations based outside Spain, such as certain international networks involved in illegal immigration or human trafficking with links to Spain.

Crimes against the Crown and state institutions

Article 65 of the Organic Law on the Judiciary assigns the Criminal Chamber jurisdiction over certain crimes against the head of the Crown, their spouse, their successor, the highest institutions of the state and the form of government.

This jurisdiction does not mean that any crime committed against a politician or a member of a public institution automatically falls to the National Court. Only the criminal offences expressly provided for by law are included. The public importance of the person affected does not, by itself, determine the court’s involvement.

Defence equipment and dual-use products

Its criminal jurisdiction also includes the smuggling of defence equipment, other materials and dual-use products and technology.

These products may have both civilian and military applications. For this reason, certain illicit trafficking activities fall within an area linked to national security and to Spain’s international obligations.

Extradition and international judicial cooperation

The work of the central bodies does not end with the investigation and trial of crimes. They also perform important functions in international judicial cooperation.

The Investigating Section of the Central Court of First Instance handles proceedings for the execution of European arrest and surrender warrants, passive extradition proceedings and other instruments for the mutual recognition of criminal decisions within the European Union assigned to it by law.

The Criminal Chamber of the National Court, for its part, exercises the powers assigned to it by law in these proceedings, including certain decisions on extradition and appeals relating to mutual-recognition instruments. It may also intervene in criminal proceedings initiated in other countries or in the enforcement in Spain of certain foreign judgments where provided for by international treaties.

Reviewing administrative decisions

The National Court also has a prominent role in administrative litigation. Its specialist chamber may hear appeals against certain provisions and acts of ministers and secretaries of state that are not assigned to the Administrative Litigation Section of the Central Court of First Instance.

It also has jurisdiction over certain appeals relating to decisions by the Central Economic-Administrative Court, agreements between public administrations and actions by the Commission for the Monitoring of Terrorist Financing Activities, in addition to other matters provided for by law.

Labour disputes extending beyond one autonomous region

The Employment Chamber hears at first and only instance certain proceedings concerning collective agreements whose territorial scope extends beyond that of a single autonomous region. It also resolves collective disputes whose impact extends beyond one autonomous region.

It does not, therefore, deal with individual disputes between a worker and a company. Its jurisdiction focuses mainly on collective matters with a supra-regional scope, such as those affecting employees of a company operating in several autonomous regions when the legal requirements are met.

A specialised court, not a higher court

The National Court is not above Spain’s other courts. That position belongs to the Supreme Court, which the Constitution defines as the highest judicial body in all jurisdictions, except in matters concerning constitutional guarantees.

The National Court has specialised jurisdiction linked to the territorial scope, economic dimension, organised activity, institutional nature or international element of certain matters. There are very serious crimes that do not reach it because their investigation and trial fall to other judicial bodies.

The 2025 organisational reform makes it particularly important to distinguish between the Central Court of First Instance and the National Court. Both are based in Madrid and have national jurisdiction, but they are different bodies: the former investigates and carries out first-instance proceedings in the areas assigned to it by law, while the latter tries certain proceedings, rules on appeals and exercises its own powers in criminal, administrative-litigation and employment matters.

Official sources

<ul><li>Organic Law 6/1985 on the Judiciary in the Official State Gazette.</li><li>Organic Law 1/2025 in the Official State Gazette.</li><li>Institutional information from the General Council of the Judiciary on the National Court.</li><li>National Court Prosecutor’s Office.</li><li>Report of the State Prosecutor General’s Office.</li></ul>