The requirements of Directive 2014/42 / EU of the European Parliament and of the Council, of 3 April 2014, on the seizure and confiscation of instruments of the proceeds of crime have forced the substantial reforms carried out in the Criminal Code and in the Law of Criminal Procedure, in 2015. Thus, the Criminal Code regulates the various forms of confiscation and in the Criminal Procedure Act, the procedural route is configured to make possible its execution. In the present work, after a reference to international regulations, the legal regime of confiscation in Spanish legislation is analyzed, highlighting the interpretive and application problems it may generate. Finally, special attention is paid to the doubts raised by the compatibility of some modalities with the constitutional requirements.