The provision does not make the conduct lawful: physical integrity is not a fully disposable interest in Spanish law. What it does is reduce the penalty substantially, by up to two degrees, and it must be raised in cases of consensual fighting, risk activities or procedures not covered by professional standards.
Also cited as: article 155 Spanish Criminal Code · art. 155 CP · Spanish Penal Code article 155 · artículo 155 del Código Penal.
In offences of bodily harm, where the victim has given valid, free, spontaneous and express consent, the penalty shall be reduced by one or two degrees.
Consent given by a minor or by a person with a disability in need of special protection shall not be valid.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
| Nature | A specific reduction, discretionary in its extent. It is not a defence excluding the offence or its unlawfulness. |
|---|---|
| Scope | Offences of bodily harm, including Articles 147, 148, 149 and 150. |
| Requirements | Valid, free, spontaneous and express consent. Tacit or presumed consent is not enough. |
| Invalid consent | That given by a minor or by a person with a disability in need of special protection. |
| Effect | A reduction of one or two degrees, according to the seriousness of the act and the circumstances. |
| Exclusion | It does not apply to injuries in the domestic or gender-violence context where the rule also protects interests beyond individual integrity. |
| Proof | It falls on the party relying on it. Documenting consent is advisable wherever the activity allows. |
Documenting consent. In contact sports, risk activities or cosmetic procedures, documented informed consent is the proper evidence and should be produced from the investigation stage.
Raising it in the alternative. It should be argued in the alternative to the primary submission of acquittal, since applying it can reduce the sentence to a range compatible with suspension.
The line with permitted risk. In regulated sport, a result produced within the rules of the game is covered by permitted risk and falls outside the criminal law altogether, without recourse to this reduction.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
It allows the penalty to be reduced by one or two degrees under Article 155 of the Criminal Code. It does not exclude the offence: physical integrity is not a fully disposable interest.
It must be valid, free, spontaneous and express. Tacit or presumed consent, or consent inferred from the victim’s behaviour, is not enough.
No. The provision expressly declares invalid the consent given by a minor or by a person with a disability in need of special protection.
In regulated sport, a result produced within the rules of the game is generally treated as falling outside the criminal law by reason of permitted risk. The reduction in Article 155 applies to consented results that go beyond that framework.
By one or two degrees, according to the seriousness of the act. Applied to the basic offence in Article 147(1), the reduction can bring the response down to a fine.
The party relying on it. Hence the importance of documenting it where the activity allows, through informed consent forms or written agreements.