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Article 155 Spanish Criminal Code: consent in bodily harm
Quick answerArticle 155 of the Spanish Criminal Code provides that, in offences of bodily harm, where the victim gave valid, free, spontaneous and express consent, the penalty shall be reduced by one or two degrees. Consent given by a minor or by a person with a disability in need of special protection is not valid.
The provision does not make the conduct lawful: physical integrity is not a fully disposable interest in Spanish law. What it does is reduce the penalty substantially, by up to two degrees, and it must be raised in cases of consensual fighting, risk activities or procedures not covered by professional standards.
Also cited as: article 155 Spanish Criminal Code · art. 155 CP · Spanish Penal Code article 155 · artículo 155 del Código Penal.
Wording of the provision
In offences of bodily harm, where the victim has given valid, free, spontaneous and express consent, the penalty shall be reduced by one or two degrees.
Consent given by a minor or by a person with a disability in need of special protection shall not be valid.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. The penalty is reduced by one or two degrees from that for the corresponding offence of bodily harm. Applied to Article 147(1), the reduction can bring the response down to a fine or to a substantially shorter prison term.
Key facts
| Nature | A specific reduction, discretionary in its extent. It is not a defence excluding the offence or its unlawfulness. |
|---|---|
| Scope | Offences of bodily harm, including Articles 147, 148, 149 and 150. |
| Requirements | Valid, free, spontaneous and express consent. Tacit or presumed consent is not enough. |
| Invalid consent | That given by a minor or by a person with a disability in need of special protection. |
| Effect | A reduction of one or two degrees, according to the seriousness of the act and the circumstances. |
| Exclusion | It does not apply to injuries in the domestic or gender-violence context where the rule also protects interests beyond individual integrity. |
| Proof | It falls on the party relying on it. Documenting consent is advisable wherever the activity allows. |
Elements and scope
- An offence of bodily harm that is both defined and unlawful.
- Prior consent of the victim, given expressly.
- Validity of the consent: capacity, freedom and absence of vitiating factors.
- Correspondence between what was consented to and the result produced.
Points of application
Consent must be prior and must cover what was actually done. General consent to an activity does not cover results beyond what is foreseeable in it. Anything in excess falls outside the reduction.
Freedom of consent requires the absence of exploitation. In relationships of superiority or of economic or emotional dependency, the validity of consent must be examined with particular care.
The provision confirms the relative indisposability of physical integrity. The law does not allow consent to exclude the offence, except in the situations expressly provided for regarding transplants, sterilisation and gender-affirming surgery, which have their own regime.
Defence strategy
Documenting consent. In contact sports, risk activities or cosmetic procedures, documented informed consent is the proper evidence and should be produced from the investigation stage.
Raising it in the alternative. It should be argued in the alternative to the primary submission of acquittal, since applying it can reduce the sentence to a range compatible with suspension.
The line with permitted risk. In regulated sport, a result produced within the rules of the game is covered by permitted risk and falls outside the criminal law altogether, without recourse to this reduction.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What effect does consent have in a bodily harm case?
It allows the penalty to be reduced by one or two degrees under Article 155 of the Criminal Code. It does not exclude the offence: physical integrity is not a fully disposable interest.
What must the consent satisfy?
It must be valid, free, spontaneous and express. Tacit or presumed consent, or consent inferred from the victim’s behaviour, is not enough.
Is a minor’s consent valid?
No. The provision expressly declares invalid the consent given by a minor or by a person with a disability in need of special protection.
Does it apply to sports injuries?
In regulated sport, a result produced within the rules of the game is generally treated as falling outside the criminal law by reason of permitted risk. The reduction in Article 155 applies to consented results that go beyond that framework.
By how much can the penalty be reduced?
By one or two degrees, according to the seriousness of the act. Applied to the basic offence in Article 147(1), the reduction can bring the response down to a fine.
Who must prove consent?
The party relying on it. Hence the importance of documenting it where the activity allows, through informed consent forms or written agreements.
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