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It may be different in Spain, but, in other parts of Europe, running an unencrypted network makes you legally responsible for anything the network is being used for (illegal file sharing would be one example, but there are far worse activities than that).
I don't think that is completely true... You might be accused of negligence, perhaps, but not responsible of what happens with your network.
If you leave your car in the street open and with the keys on the contact, and someone comes, steals your car, runs over someone and kills him, you won't be charged by homicide. You might be charged for negligence, in case you didn't have any good reason to leave the car like that, but not homicide.
What I mean, is that the person who is prosecuted, is the person who commits the acts. If the court considers you had enough security in you wifi, you should be free of charge. If the court considers you had you network inadecuately secured, you might be charged, but in other terms (depending on lots of things)...
