Quick answer. Under the Spanish Criminal Code, a fight can lead to a minor offence (delito leve) when no medical treatment was required, which is only prosecuted on the complaint of the victim; to the offence of injuries of Article 147.1, punished with three months to three years of imprisonment or a fine, when medical or surgical treatment was needed; and to aggravated injuries of Article 148, two to five years, when dangerous objects such as glasses or bottles were used. Cases arising in Benidorm are heard by the Tribunal de Instancia of Benidorm, often as fast-track trials within days.
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How injuries are classified
The decisive element is the medical report. If the injury only required first aid, the facts are a minor offence punished with a fine of one to three months, or of one to two months when there was a blow without injury; these minor offences require a complaint by the injured person. If objectively medical or surgical treatment was necessary, beyond the first assistance, the offence of Article 147.1 applies. The use of weapons or dangerous instruments, among other circumstances, leads to Article 148. Very serious consequences, such as the loss of an organ or a permanent deformity, fall under Articles 149 and 150, with much higher penalties.
Brawls and offences against police officers
Taking part in a brawl in which dangerous means are used, without it being possible to identify who caused the injuries, is punished under Article 154. Arrests in nightlife areas frequently also involve charges of assault on or resistance to police officers (Articles 550 and 556), which have their own penalties and must be defended separately.
Self-defence and evidence
Self-defence (Article 20.4) excludes criminal liability when there was an unlawful attack, the means used to repel it were reasonably necessary and the defender did not provoke it sufficiently. Whether it applies depends on the evidence, so it is essential to secure early the CCTV footage of the premises and the street, the identity of witnesses and the medical reports of all those involved.
The fast-track trial and compensation
Many cases are processed as fast-track trials. An agreed sentence accepted at the duty court reduces the penalty by one third, but it produces a criminal record. Paying compensation to the victim before the trial can be a mitigating circumstance (Article 21.5) and is often decisive in negotiations with the prosecutor.
If you are a visitor
If you are released, you may usually return home, after giving an address for service and the details of your lawyer. The trial may in some cases be held in your absence if you were duly summoned and the sentence sought is limited. Convictions of nationals of EU countries are communicated to their country of nationality through the European criminal records system, and the United Kingdom and the European Union continue to exchange criminal record information under their Trade and Cooperation Agreement.
Frequently asked questions
Is a broken glass or bottle a dangerous instrument?
It can be. Courts assess whether the object used, and the way it was used, created a concrete risk of serious injury. If so, the aggravated offence of Article 148 may apply.
If the victim withdraws the complaint, does the case end?
Only for minor offences that require a complaint. The offence of injuries of Article 147.1 is prosecuted by the public prosecutor regardless of the victim’s wishes, although compensation and forgiveness can influence the outcome.
Can I claim self-defence?
Yes, if there was an unlawful attack, the response was reasonably necessary and you did not sufficiently provoke it. The defence must be supported by evidence such as recordings and witness statements.
Which court deals with fights in Benidorm?
The Investigation Section of the Tribunal de Instancia of Benidorm, on duty, deals with the first steps; the trial is held before the competent Criminal Section or, for the most serious offences, the Audiencia Provincial of Alicante.
Related guides
- Criminal defence lawyer in Benidorm
- Assault and bodily harm defence in Spain
- Assault on and resistance to authority in Spain
- Arrested in Alicante, Benidorm or Torrevieja: the first 24 hours
- Fast-track trials and plea agreements in Spain
Do you need a criminal defence lawyer on the Costa Blanca now? Société Juridique assists detained persons and victims 24 hours a day, in English, from its offices in Alicante, El Campello and Madrid.
This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.
Francisco Javier Martín Porras
Abogado penalista, socio de Société de Conseil Juridique et Expert y creador de la metodología LIWARD®. Dirige la defensa en procedimientos penales de alta complejidad, combinando estrategia procesal con análisis pericial y forense. Conozca al equipo →
