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.
Also cited as: article 147 Spanish Criminal Code · art. 147 CP · Spanish Penal Code article 147 · artículo 147 del Código Penal.
1. Any person who by any means or procedure causes injury to another impairing his bodily integrity or his physical or mental health shall be punished, as guilty of the offence of bodily harm, by imprisonment of three months to three years or a fine of six to twelve months, provided that the injury objectively requires medical or surgical treatment in addition to the first medical attention.
2. Notwithstanding the foregoing, any person who by any means or procedure causes another an injury not comprised within the preceding paragraph shall be punished by a fine of one to three months.
3. Any person who strikes or ill-treats another without causing injury shall be punished by a fine of one to two months.
4. The offences referred to in the two preceding paragraphs may only be prosecuted upon complaint by the injured party or his legal representative.
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.
| Protected interest | Bodily integrity and physical or mental health. |
|---|---|
| Classification | Less serious offence under paragraph 1. Minor offences under paragraphs 2 and 3. |
| Prosecution | Of the court’s own motion under paragraph 1. Paragraphs 2 and 3 only on a complaint by the injured party or their legal representative, under paragraph 4. |
| Trial court | Criminal Court (Juzgado de lo Penal) under paragraph 1, the penalty not exceeding five years. Investigating Court sitting in the minor-offence trial under paragraphs 2 and 3. |
| Procedure | Preliminary proceedings and abbreviated procedure under paragraph 1. Minor-offence trial under paragraphs 2 and 3. |
| Limitation period | Five years for the offence under paragraph 1 and one year for the minor offences, under Article 131 of the Criminal Code. |
| Suspension of sentence | Available where the sentence imposed does not exceed two years of imprisonment and the remaining requirements of Article 80 are met. |
| Civil liability | Compensation for the injuries and any permanent effects, quantified in practice with the traffic-accident scale as a guide. |
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.
The practical consequence is straightforward: stitches and adhesive closure strips place the case within paragraph 1, whereas a local dressing without approximation of the wound edges, simple observation of the injury or the ordering of diagnostic tests do not cross the threshold of the less serious offence.
Defence in this area
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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.
Three months to three years of imprisonment, or a fine of six to twelve months, where the injury objectively required medical or surgical treatment in addition to first medical attention. Where only first attention was required, a fine of one to three months as a minor offence. Striking or ill-treating without causing injury carries a fine of one to two months.
Under Supreme Court judgment 533/2019 of 5 November, medical treatment covers any activity following the first medical attention that is directed at healing the injury and prescribed by a doctor. Mere monitoring of the injury, diagnosis and preventive measures are excluded. What matters is the objective need for treatment, not the treatment actually received.
Yes. Suturing is settled as surgical treatment, and Supreme Court judgment 519/2016 of 15 June extended that to adhesive closure strips, on the ground that they are a technique similar to suturing, less invasive but identical in therapeutic effect.
The offence under paragraph 1 becomes time-barred after five years and the minor offences under paragraphs 2 and 3 after one year, under Article 131 of the Criminal Code. The period is interrupted when proceedings are directed against the person indicated as responsible.
Not for the offence under paragraph 1, which is prosecuted of the court’s own motion. The minor offences under paragraphs 2 and 3 may be prosecuted only on a complaint by the injured party or their legal representative, under paragraph 4.
Where the sentence imposed does not exceed two years, enforcement may be suspended under Article 80 of the Criminal Code if the remaining statutory requirements are met. Compensating the victim before trial, which triggers the mitigating circumstance in Article 21(5), is frequently decisive.
In the consolidated version published by the Spanish Official State Gazette, which is the authentic text. This page reproduces that text and adds the firm’s professional commentary. The English rendering is unofficial.