Article 116 Spanish Criminal Code: Civil Liability Arising from an Offence

Quick answerArticle 116 of the Spanish Criminal Code provides that anyone criminally liable for an offence is also civilly liable where damage or loss results. Where there are several responsible persons, the court sets each one’s share: principals and accomplices are jointly and severally liable among themselves for their shares and subsidiarily liable for the others’.

Article 116 of the Spanish Criminal Code establishes that every person criminally liable for an offence is also civilly liable where damage or loss follows, and that where there are several responsible persons the court must fix the share for which each answers. Principals and accomplices are jointly and severally liable within their own class and subsidiarily liable for the shares of the others, enforcement proceeding first against the assets of the principals. The article matters because in Spain the civil claim is determined in the criminal judgment itself, and for many clients it is the part of the outcome with lasting consequences.

Also cited as: article 116 Spanish Criminal Code · art. 116 CP · Spanish Penal Code article 116 · artículo 116 del Código Penal.

Wording of Article 116 of the Spanish Criminal Code

1. Every person criminally liable for an offence is also civilly liable if damage or loss follows from the act. If there are two or more persons responsible for an offence, the judges or courts shall specify the share for which each must answer.

2. Principals and accomplices, each within their respective class, shall be jointly and severally liable among themselves for their shares, and subsidiarily liable for the shares corresponding to the other responsible persons.

Subsidiary liability shall be enforced: first, against the assets of the principals, and thereafter against those of the accomplices.

Both where joint and several liability and where subsidiary liability is enforced, the right of recourse of the person who has paid against the others for their respective shares is preserved.

3. The criminal liability of a legal person shall carry with it its civil liability in the terms established in article 110 of this Code, jointly and severally with the natural persons convicted of the same acts.

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.

Sentencing range. The article does not impose a penalty. Its effect is that the criminal judgment quantifies the compensation, distributes it among those responsible, and creates an enforceable title. Under article 110 the liability comprises restitution, reparation of the damage and compensation for material and moral harm. Under articles 120 and 121 it may extend to persons not criminally liable, including employers and insurers, and under article 117 the insurer answers up to the limit of the cover.

Key facts

General rule Civil liability flows from the criminal act and is declared in the criminal judgment itself, unless the injured party expressly reserves their civil claim.
Several liable persons The court fixes the share each must bear. Among principals, and among accomplices, liability is joint and several; between the two groups, it is subsidiary.
Order of subsidiary liability Subsidiary liability is enforced first against the principals’ assets and then against those of the accomplices.
Content Restitution, repair of the damage and compensation for material and non-material loss, under Articles 110 and following.
Interest The sum awarded carries statutory interest, increased under the Civil Procedure Act from the date of judgment.
Legal persons Where they are held criminally liable, their civil liability is joint and several with that of the natural persons convicted of the same acts.
Insurers They are directly liable up to the limit of cover, without prejudice to any right of recovery, as direct civil defendants.

Elements of the offence

  1. Criminal liability for an offence, since civil liability under this article is derived from it and does not survive an acquittal, subject to the reservation of civil actions.
  2. Damage or loss caused by the act, established by evidence and quantified: material loss, personal injury and moral harm.
  3. Where several persons are responsible, a determination of the share of each, which the court must make and not leave undivided.
  4. For legal persons, criminal liability under article 31 bis, which carries joint and several civil liability with the natural persons convicted.

Defence strategy

Distribution of shares. The court must fix the share of each responsible person, and the classification as principal or accomplice determines the order of enforcement. Where a client’s contribution was secondary, establishing complicity reduces both the penalty and the position in the order of enforcement. The defence asks expressly for the shares to be individualised, because an undivided award exposes the client with assets in Spain to the whole of the claim.

Quantification of the claim. The claim is habitually presented at the maximum. The defence contests it item by item: the valuation of property by reference to depreciated value, personal injury by reference to the statutory scale for road traffic victims which the courts apply by analogy, loss of earnings by reference to documented income, and moral harm by reference to comparable awards. Expert valuation evidence is commissioned where the sums justify it.

Bringing in the insurer and other liable parties. Where an insurer covers the risk, it answers directly up to the limit of the cover, and where the act occurred in the course of employment the employer answers subsidiarily under article 120. Ensuring that those parties are joined and that the policy is produced protects the client’s own assets, and it is done during the investigation rather than at trial.

Payment as mitigation and its timing. Payment or a documented commitment to pay founds the mitigating circumstance of reparation in article 21.5, and in offences whose penalty lies near the threshold for suspension it is frequently what secures a non-custodial outcome. It also conditions the suspension itself, since the courts ordinarily require the satisfaction of the civil liability. Payment made before the indictment carries materially greater weight than payment offered at trial.

Points of application

Quantification requires evidence, not estimation. Compensation must rest on documents, expert reports or forensic evidence establishing the loss. Reference to the traffic-accident scale is a guide in injury cases but does not remove the need to justify each head of claim.
Paying in advance is a strategic decision. Besides reducing the debt, it triggers the mitigating circumstance of reparation in Article 21(5) and favourably conditions suspension of sentence under Article 80, which requires civil liabilities to have been met.
Reserving the civil claim. The injured party may reserve the civil action for separate proceedings. That is worth considering where quantifying the loss calls for complex evidence that criminal proceedings cannot readily accommodate.

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.

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.

Last reviewed: 21 September 2026.

Frequently asked questions

Who is civilly liable for an offence?

Anyone criminally liable is also civilly liable where damage or loss results. Civil liability is declared in the criminal judgment itself, unless the injured party expressly reserves the civil action.

How is liability shared among several convicted persons?

The court sets the share each must bear. Principals are jointly and severally liable among themselves, as are accomplices among themselves, each group being subsidiarily liable for the other’s shares.

In what order is subsidiary liability enforced?

First against the principals’ assets and then against those of the accomplices.

What does civil liability cover?

Restitution of the property, repair of the damage and compensation for material and non-material loss, together with statutory interest.

Is it worth paying compensation before trial?

It is often decisive. It triggers the mitigating circumstance of reparation in Article 21(5) of the Criminal Code and assists suspension of sentence under Article 80, which requires civil liabilities to have been met.

Is the insurer liable?

Yes, as a direct civil defendant, up to the limit of the cover taken out and without prejudice to its right of recovery against the insured.

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