What are minor offences?

Minor offences, according to the Spanish Criminal Code, are criminal offences of lesser seriousness, punished with light penalties. They do not reach the seriousness of less serious or serious crimes and do not involve prison sentences. Until the 2015 criminal reform, these types of acts were known as faltas (misdemeanours), but since then they have been referred to as minor offences.

Characteristics of minor offences

Minor offences have certain distinctive features that clearly set them apart from other types of crimes:

• Reduced seriousness: They are considered unlawful acts that, while affecting legally protected interests, do not have a high degree of danger or harm.
• Limited penalties: They are punished with light penalties such as fines, community service, or bans, but they do not include imprisonment.
• Swift and simplified trial: They are processed through what is known as a trial for a minor offence, which is held in a single day, with all the evidence presented during that session.
• Less procedural complexity: There is no investigative phase, unlike more serious crimes, and judicial resolution is faster.

Examples of minor offences

Below are some of the most common minor offences provided for in the Criminal Code:

• Petty theft: Taking goods valued at no more than €400.
• Minor injuries: Assaults that do not require medical or surgical treatment, or caused by less serious negligence.
• Minor threats: Intimidating statements that do not cause serious alarm to the victim.
• Minor coercion: Actions that limit another person’s freedom without reaching a high degree of criminal seriousness.
• Minor insults or humiliation: Verbal or physical offences affecting a person’s dignity but without significant seriousness.
• Damage through minor negligence: Causing minor material damage through carelessness or negligence.

What are the consequences of a minor offence?

Although it is a less serious offence, a minor offence is not merely an administrative infraction. Committing one can have real legal consequences:

• Criminal record: If a conviction is imposed, the minor offence will be recorded and will result in a criminal record, which can affect employment, administrative, or legal procedures.
• Fines: Financial penalties may vary depending on the offender’s economic capacity.
• Bans and additional measures: In some cases, restraining orders or prohibitions on communication may be imposed.
• Criminal recidivism: Repeated minor offences can result in aggravating circumstances or more severe penalties in the future.

Procedure for a minor offence

Minor offences are tried through a specific procedure:

• The process begins with a complaint or a police report.
• An oral hearing is held in a single session before the Investigating Court, with the judge, the accused, the victim, and, where applicable, witnesses and experts present.
• A judgment is issued, which may be appealed before the Provincial Court.

This process aims for speed and simplicity, while still guaranteeing the safeguards of criminal proceedings.

Minor offences form part of the Spanish criminal system as a proportionate response to low-intensity offences. While they do not carry custodial sentences, they do have significant legal consequences for both the convicted person and the victim. Therefore, it is advisable to take them seriously and seek specialised legal advice.

If you have been summoned for a minor offence trial or need to file a complaint for one of these acts, Nieto Enríquez Abogados Penalistas, criminal lawyers in Barcelona, offer you strong, expert, and personalised defence in minor offence cases.