Article 120 Spanish Criminal Code: subsidiary civil liability

Article 120 of the Spanish Criminal Code lists who answers civilly in default of the convicted person: curators, owners of media outlets, owners of establishments, businesses for offences committed by their employees in the course of their duties, and vehicle owners. It is the usual route for directing the claim against the solvent company.

Wording of Article 120 of the Spanish Criminal Code

Statutory cases

1. A prior criminal conviction of a wholly or partly insolvent offender.
2. The case falling within one of the five numbered situations, which are not open to extensive interpretation.
3. In the business scenario, the employee acting in the performance of their duties or services.
4. In establishments, an infringement of regulations by managers or staff causally linked to the offence.

Defence issues

Breaking the functional link. The company does not answer for any offence of its employee, only for those committed in the performance of their duties. Complete deviation, acts alien to the service or committed outside working hours and premises break the required nexus.

Requiring the regulatory breach. For establishments the case law demands infringement of rules causally connected with the offence; its absence bars condemnation of the owner.

Enforcing subsidiarity. Enforcement must first target the offender; at least summary excussion of their assets is a precondition of the subsidiary route.

Distinguishing Article 121. Public administrations have their own regime; choosing the wrong channel causes nullities and delays the defence can use.

• Article 109: compensation for harm
• Article 117: insurers’ direct liability
• Article 116: persons civilly liable
• Corporate crime lawyer in Spain

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.