Article 117 Spanish Criminal Code: insurers’ direct liability

Article 117 of the Spanish Criminal Code makes insurers who underwrote the risk of pecuniary liability arising from the use or operation of any asset, undertaking, industry or activity directly liable in the criminal proceedings when the insured event occurs, up to the limit of the legal or agreed compensation.

Wording of Article 117 of the Spanish Criminal Code

Conditions of application

1. An insurance contract covering pecuniary liabilities from the use or operation of the asset or activity.
2. An act provided for in the Criminal Code that is at once the event triggering the insured risk.
3. An award kept within the quantitative limit of the legal or contractual cover.
4. The insurer’s right of recourse, notably in cases of intent.

Defence issues

Delimiting the cover. Direct condemnation requires the risk to fall within a policy in force. Objective exclusions, quantitative limits and enforceable excesses must be raised in the criminal case itself.

Handling intentional acts. Under settled case law the insurer answers to the victim even for intentional acts, but keeps recourse against the insured; each party needs a distinct strategy.

Auditing statutory interest. The special interest for insurer delay applies in criminal courts too and is often miscalculated; reviewing it materially changes the final figure.

Bringing the insurer in. For the accused, the insurer’s presence as direct civil respondent shields their assets; seeking its early joinder is elementary patrimonial defence.

• Article 109: compensation for harm
• Article 120: subsidiary civil liability
• Article 379: road traffic offences
• 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.