Article 317 Spanish Criminal Code: Negligent offences against workplace safety

Article 317 provides that where the offence against workplace safety of Article 316 is committed by gross negligence, the penalty of the next lower degree is to be imposed.

Wording of Article 317 of the Spanish Criminal Code

Elements of the offence

1. The objective elements of Article 316, namely the failure to provide the means necessary for workers to carry on their activity with the appropriate measures of safety and health.
2. A serious danger to the life, health or physical integrity of the workers.
3. A legal obligation to provide those means, which delimits the persons who may be liable.
4. Gross negligence instead of intent, which is what distinguishes this provision from Article 316.

Defence strategy

Slight as against gross negligence. The provision covers gross negligence only. Where the failure was slight, or where the risk was not foreseeable with the diligence required in the sector, the conduct is not criminal and the matter remains within the administrative and civil spheres.

Delegation of preventive functions. Liability rests upon the person under the legal obligation. A documented delegation to a prevention service, together with evidence of supervision of its work, distributes that liability and is habitually decisive as regards the members of the board.

Serious danger as an element. Both provisions require a serious danger to life or health. A formal breach of the prevention rules, without an actual situation of serious danger, does not satisfy the objective element, and the report of the labour inspectorate must be examined on that point.

Conduct of the worker. Where the injury results from a manifest disregard of instructions by the worker, the causal connection between the failure and the danger is broken. The records of training and of the delivery of protective equipment are the evidence relied upon.

• Article 316 CP: offences against workplace safety
• Article 311 CP: offences against the rights of workers
• Company offences in Spain
• Criminal intent and negligence in Spanish law

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.