Article 267 Spanish Criminal Code: criminal damage by negligence

Article 267 of the Spanish Criminal Code punishes damage caused by gross negligence where its amount exceeds 80,000 euros. It is a semi-public offence: prosecution requires the injured party’s complaint and their pardon extinguishes the criminal action.

Wording of Article 267 of the Spanish Criminal Code

Elements of the offence

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

Defence strategy

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.

• Article 263: criminal damage
• Article 264: computer damage
• Article 130: extinction of criminal liability
• Spanish Criminal Code article by article

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.