Article 147 Spanish Criminal Code: Bodily harm

Article 147 of the Spanish Criminal Code distinguishes between the offence of bodily harm, which requires medical or surgical treatment beyond first aid, and the minor offence of striking or ill-treating another without causing injury. That boundary determines the procedure, the court, the penalty and whether a criminal record is created, and it is where the defence of these cases is won or lost.

Wording of Article 147 of the Spanish Criminal Code

Elements of the offence

1. Injury impairing bodily integrity or physical or mental health.
2. Objective need for medical or surgical treatment in addition to the first medical attention, which is the element separating the offence from the minor offence.
3. A causal link between the conduct and the injury.
4. Intent, at least in its indirect form; negligent injury falls under Article 152.
5. For the minor offences, a complaint by the injured party as a condition of prosecution.

Defence strategy

Whether treatment was objectively required. This is the decisive question. Adhesive strips, precautionary immobilisation, a prescription for painkillers and a single follow-up review do not constitute treatment for these purposes. The court must assess objective necessity, not what was in fact administered. A contrary expert report on this point frequently moves the case into the minor-offence category.

Self-defence. Reconstruction of the incident through recordings, witnesses and the medical reports of both participants often supports complete or partial self-defence under Article 20.4, with acquittal or a reduction of one or two degrees.

Mutually accepted affray. Where both parties engaged willingly, the aggravating circumstance of treachery cannot apply and the assessment of each participant contribution changes materially. Establishing reciprocity is a priority.

Absence of the required complaint. For the minor offences under paragraphs 2 and 3, the absence of a valid and timely complaint by the injured party precludes prosecution. Verifying its existence and validity is the first step.

Withdrawal of the complaint and pardon. In minor offences prosecuted on complaint, an express pardon granted before judgment extinguishes liability under Article 130.5 of the Criminal Code. Negotiating it, with proper procedural record, resolves the matter definitively.

Compensation of the harm. Payment or judicial deposit of the compensation before trial founds the mitigating circumstance under Article 21.5 and, where early and complete, may be treated as highly qualified, permitting a reduction of one or two degrees. For a client resident abroad this is often the most efficient route to closure.

• Assault and bodily harm defence
• Spanish Criminal Code by article
• Spanish Criminal Procedure Act by article
• Spanish-language entry

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.