Article 317 Spanish Criminal Code: Negligent offences against workplace safety

Frequently asked questions

What penalty does Article 317 of the Spanish Criminal Code provide for negligent offences against workplace safety?

The penalty of Article 316 lowered by one degree, that is, imprisonment of three months to six months and a fine of three to six months, according to the frame resulting from the reduction.

What are the elements of the offence under Article 317 of the Spanish Criminal Code?

The objective elements of Article 316, namely the failure to provide the means necessary for workers to carry on their activity with the appropriate measures of safety and health. A serious danger to the life, health or physical integrity of the workers. A legal obligation to provide those means, which delimits the persons who may be liable. Gross negligence instead of intent, which is what distinguishes this provision from Article 316.

What defence strategy applies to a charge under Article 317 of the Spanish Criminal Code?

Slight as against gross negligence. The provision covers gross negligence only. Where the failure was slight, or where the risk was not foreseeable with the diligence required in the sector, the conduct is not criminal and the matter remains within the administrative and civil spheres. Delegation of preventive functions. Liability rests upon the person under the legal obligation. A documented delegation to a prevention service, together with evidence of supervision of its work, distributes that liability and is habitually decisive as regards the members of the board. Serious danger as an element. Both provisions require a serious danger to life or health. A formal breach of the prevention rules, without an actual situation of serious danger, does not satisfy the objective element, and the report of the labour inspectorate must be examined on that point. Conduct of the worker.

Is the English text of Article 317 of the Spanish Criminal Code official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.