Article 117 Spanish Criminal Code: insurers’ direct liability

Frequently asked questions

What effect does the application of Article 117 of the Spanish Criminal Code produce?

Direct civil liability of the insurer up to the limit of the legal or agreed cover, without prejudice to its right of recourse.

What conditions does Article 117 of the Spanish Criminal Code set for its application?

An insurance contract covering pecuniary liabilities from the use or operation of the asset or activity. An act provided for in the Criminal Code that is at once the event triggering the insured risk. An award kept within the quantitative limit of the legal or contractual cover. The insurer’s right of recourse, notably in cases of intent.

What defence issues arise under Article 117 of the Spanish Criminal Code?

Delimiting the cover. Direct condemnation requires the risk to fall within a policy in force. Objective exclusions, quantitative limits and enforceable excesses must be raised in the criminal case itself. Handling intentional acts. Under settled case law the insurer answers to the victim even for intentional acts, but keeps recourse against the insured; each party needs a distinct strategy. Auditing statutory interest. The special interest for insurer delay applies in criminal courts too and is often miscalculated; reviewing it materially changes the final figure. Bringing the insurer in. For the accused, the insurer’s presence as direct civil respondent shields their assets; seeking its early joinder is elementary patrimonial defence.

Is the English text of Article 117 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.