Article 267 Spanish Criminal Code: criminal damage by negligence

Frequently asked questions

What penalty does Article 267 of the Spanish Criminal Code provide for criminal damage by negligence?

A fine of three to nine months, according to the significance of the damage. Below 80,000 euros, or with only ordinary negligence, the conduct is not criminal and belongs to the civil courts.

What are the elements of the offence under Article 267 of the Spanish Criminal Code?

Damage to another’s property capable of economic valuation. Gross negligence as the basis of liability: breach of the most elementary duties of care. An amount above 80,000 euros, an objective element of the offence. The prior complaint of the injured party, with the prosecutor’s exception for vulnerable victims, and the extinguishing effect of pardon.

What defence strategy applies to a charge under Article 267 of the Spanish Criminal Code?

Attacking the valuation. The amount is an element of the offence: an expert report placing the damage at or below 80,000 euros makes the act non-criminal. Counter-valuation is the decisive evidence here. Downgrading the negligence. Only gross negligence is punishable; breach of a secondary duty of care or contributory fault of the victim reduces the case to ordinary negligence, not criminal in damage. Checking the procedural requirement. Without the injured party’s complaint there is no valid procedure; a late complaint or one from a person without standing is an insurmountable bar. Negotiating pardon. Agreed reparation and formal pardon extinguish the criminal action, making civil negotiation the natural exit from these proceedings.

Is the English text of Article 267 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.