Article 263 Spanish Criminal Code: Criminal Damage to Property

Article 263 of the Spanish Criminal Code is the general provision on damage to another person’s property where no more specific offence applies. The basic penalty is a fine calculated by reference to the amount of the damage and the economic position of the victim, and where the damage does not exceed four hundred euros the offence is a minor one punished by a fine of one to three months. Only the qualified cases in paragraph 2 carry imprisonment. The article governs the criminal consequences of damage caused during arguments outside licensed premises, disputes between neighbours and damage to vehicles, all of which are routine in the coastal towns of Alicante.

Wording of Article 263 of the Spanish Criminal Code

Elements of the offence

1. Damage to property belonging to another, understood as the destruction, deterioration or impairment of its value or usefulness.
2. That the conduct is not covered by a more specific provision, such as arson, damage to cultural heritage or damage to computer systems.
3. Intent. Damage caused negligently is not an offence under this article unless it exceeds eighty thousand euros, in which case article 267 applies, and is otherwise a purely civil matter.
4. The amount of the damage, which determines both the classification as a minor or ordinary offence and the size of the fine, and which must be established by objective valuation rather than by the complainant’s estimate.

Defence strategy

Quantification of the damage. The four hundred euro threshold decides the procedural route and the penalty, and the figure in the file is habitually taken from an unverified estimate produced by the complainant. The defence obtains competing quotations, distinguishes pre-existing wear from the damage attributed to the accused, and insists on the depreciated value rather than the replacement cost of a new item. In vehicle cases the difference between a repair and a panel replacement frequently moves the case below the threshold.

Absence of intent. The article punishes only intentional damage. Damage caused in the course of a fall, in a struggle, while attempting to open a door believed to be one’s own, or as the unintended consequence of another act is not an offence under this provision and belongs to the civil jurisdiction. The point is established through the mechanism of the damage itself, which is why photographs taken at the time and, where available, the recordings from the premises are secured immediately.

Excluding the qualified cases. Paragraph 2 converts a fine into a possible prison sentence, and its circumstances are pleaded more readily than they are proved. Damage to a police vehicle is not automatically damage aimed at preventing the exercise of authority; damage to street furniture is not automatically damage of particular gravity; and the ruin of the injured party requires evidence of that party’s economic position and not merely of the sum involved. Each circumstance is contested separately.

Repair before the hearing. Because the offence is essentially economic, paying for the repair before the hearing is the most effective step available. It founds the mitigating circumstance of reparation, it ordinarily removes the complainant’s interest in pursuing the matter, and in minor offences it very frequently results in the discontinuance of the proceedings. For a visitor who must leave Spain, this route also allows the case to be resolved without a further journey to attend court.

• Criminal damage: defence service
• Article 234: theft
• Spanish Criminal Code 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.