Empathy is very relevant to sociomoral development, especially in relation to prosociality and the penalization of acts as faults and crimes (sociomoral judgment).The objective of this research paper was to test whether empathy is a predictor of prosociality and the penalty of acts among young people in Argentina and Spain. The Argentinian sample comprised 215 high school and university students (67 males; average age 18.57, SD = 0.81). The Spanish sample comprised 199 university students (50 males; average age 20.48, SD = 2.75). The proposed theoretical model showed good results in both countries. In addition, the multigroup analysis showed that the proposed model is invariable in Argentina and Spain. Although empathy was observed to predict prosocial conduct more than the penalization of acts, the predictive power of empathy is significant for both dependent variables. Thus, the importance of empathy in morality is supported. This statement is valid in both Spanish-speaking countries, indicating that empathy is a human process that extends beyond cultural differences.