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Article 385 Spanish Criminal Code: creating serious road danger
Quick answerArticle 385 of the Spanish Criminal Code punishes with six months to two years of imprisonment, or a fine of twelve to twenty-four months together with ten to forty days of community service, anyone who creates a serious danger to traffic by placing unforeseeable obstacles on the road, spilling slippery or flammable substances, tampering with signage or by any other means, as well as anyone who fails to restore the safety of the road when under a duty to do so.
This is the provision that punishes the creation of road danger otherwise than by driving. It covers both positive conduct, such as throwing objects onto the carriageway or interfering with signs, and omissions, such as failing to restore the safety of the road by a person under a duty to do so, which is of particular relevance to construction firms and concession holders.
Also cited as: article 385 Spanish Criminal Code · art. 385 CP · Spanish Penal Code article 385 · artículo 385 del Código Penal.
Wording of the provision
Anyone who creates a serious danger to traffic in any of the following ways shall be punished with imprisonment of six months to two years, or with a fine of twelve to twenty-four months and community service of ten to forty days:
1. By placing unforeseeable obstacles on the road, spilling slippery or flammable substances, or tampering with, removing or disabling signage, or by any other means.
2. By failing to restore the safety of the road where under a duty to do so.
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. Six months to two years of imprisonment, or a fine of twelve to twenty-four months together with ten to forty days of community service.
Key facts
| Protected interest | Road safety as a collective interest and, indirectly, the life and integrity of road users. |
|---|---|
| Nature | A concrete-endangerment offence: the danger created must be serious and real, not merely hypothetical. |
| Positive conduct | Placing unforeseeable obstacles, spilling slippery or flammable substances, and tampering with, removing or disabling signage. |
| Omission | Failing to restore the safety of the road by a person under a duty to do so, which points to a position of responsibility arising from sectoral rules or from contract. |
| Classification | Less serious offence. |
| Trial court | Criminal Court. The fast-track route is available where the requirements of Article 795 of the Criminal Procedure Act are met. |
| Limitation period | Five years, under Article 131 of the Criminal Code. |
| Related provisions | Article 379 and Article 380, driving under the influence and reckless driving; Article 152, negligent injury where the danger materialises. |
Elements and scope
- Carrying out one of the forms of conduct described, whether positive or by omission.
- Creation of a danger to traffic that must be serious, assessed on objective criteria: volume of traffic, visibility, the speed of the road and the nature of the obstacle.
- A link between the conduct and the danger created.
- Intent, at least indirect, as to creating the danger. This provision contains no negligent form.
Points of application
The seriousness of the danger is the decisive element. Not every interference with the road will do. The assessment looks at the type of road, the volume of traffic at the time, visibility conditions and the objective capacity of the obstacle to cause an accident.
The omission requires a position of responsibility. Only a person under a duty to restore the safety of the road is liable, a duty arising from road legislation, an administrative concession or a works contract. Identifying who bears that duty is the central question in corporate cases.
Where the danger materialises in harm. The concurrence with negligent homicide or negligent injury must be examined, applying the rules on ideal concurrence where a single act produces both results.
Defence strategy
Challenging the seriousness of the danger. This is the main line. Objective data on traffic volume at the relevant time, visibility and the speed of the road should be produced; they frequently reduce the matter to an administrative infringement.
Identifying the person under the duty. In works and concessions, attributing the duty requires examining the tender documents, the contract and the safety plan. Charging the wrong person is a frequent error that should be challenged from the investigation stage.
Absence of intent. The provision contains no negligent form. Establishing that the interference with the road was the result of carelessness, rather than conduct aimed at creating the danger, takes the case outside this Article.
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 penalty does Article 385 of the Spanish Criminal Code carry?
Six months to two years of imprisonment, or a fine of twelve to twenty-four months together with ten to forty days of community service.
What conduct does it punish?
Placing unforeseeable obstacles on the road, spilling slippery or flammable substances, tampering with, removing or disabling signage, or creating the danger by any other means, and failing to restore the safety of the road where under a duty to do so.
Is any danger enough?
No. The danger created must be serious, assessed by reference to the type of road, the volume of traffic, visibility and the capacity of the obstacle to cause an accident.
Can a construction company be liable?
The omission form covers whoever is under a duty to restore the safety of the road, a duty arising from road legislation, the concession or the contract. Identifying the specific person bound is the decisive question.
Is the negligent form punishable?
No. The provision requires intent, at least indirect. Carelessness without any will to create the danger falls outside this Article, without prejudice to administrative liability or to negligence where harm results.
What happens if an accident occurs?
The concurrence with negligent homicide or negligent injury must be examined, together with the resulting civil liability.
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