Criminal Damage Offence: Types and Penalties under the Spanish Criminal Code

Criminal defence lawyers specialised in criminal damage offences

If someone has damaged your car, vandalised your business premises, or caused harm to your property, the first thing you should know is that the law protects you. The offence of criminal damage is regulated under the Spanish Criminal Code and establishes specific penalties for anyone who causes damage to another person’s property, whether intentionally or through gross negligence.

At Nieto Enríquez Abogados Penalistas, we are criminal lawyers in Barcelona specialised in criminal damage offences. We have spent years defending both victims and defendants in these types of proceedings, and we have first-hand knowledge of how the courts in the city operate. If you need legal advice, contact us with no obligation.

What is the offence of criminal damage?

The offence of criminal damage consists of causing harm or deterioration to another person’s property without their consent. This does not only refer to physical destruction: it also includes actions that render property unusable, alter it, or reduce its value.

It is regulated under Articles 263 to 267 of the Spanish Criminal Code, and the legal interest protected is property, both private and public. This means that whether someone damages your car in the street or vandalises a public building, the law provides legal protection.

Types of criminal damage offences

Not all cases of damage are treated equally. The law distinguishes between different categories depending on the value of the damage, the circumstances of the act, and the type of property affected.

Minor criminal damage offence (less than €400)

When the value of the damage caused does not exceed €400, it is considered a minor offence. The criminal response is proportionally less severe, although this does not mean there are no consequences for the offender.

The usual penalty in these cases is a fine of one to three months, calculated according to the offender’s financial circumstances. The judge may also take into account mitigating or aggravating factors specific to the case, such as repeat offending or the real impact the damage has had on the victim.

Basic criminal damage offence (more than €400)

When the damage exceeds €400, the conduct is no longer treated as a minor offence: it becomes a criminal offence. This involves criminal proceedings with more serious consequences for the offender.

The penalties may include:

• A fine of six to twenty-four months, depending on the extent of the damage and the offender’s financial situation.
• A prison sentence ranging from six months to three years in the most serious cases.

To initiate proceedings, the injured party must file a complaint. Without such a complaint, the authorities generally cannot act ex officio in most cases.

Aggravated criminal damage offence

There is a more serious category that applies when certain circumstances increase the seriousness of the conduct. The most common include:

• Damage caused to obstruct the exercise of authority or the actions of law enforcement agencies.
• Damage affecting publicly owned property or assets of special importance.
• Particularly dangerous or violent conduct in carrying out the damage.

In these cases, the penalties become significantly harsher:

• Imprisonment from one to three years.
• A fine of twelve to twenty-four months.

Criminal damage caused by negligence

Not all cases involve a direct intention to cause harm. Sometimes the damage results from negligent conduct. The Spanish Criminal Code also contemplates this situation, although under stricter conditions.

For a negligence-based criminal damage offence to exist, two conditions must be met simultaneously:

1. The negligence must be serious, meaning the offender acted with a clear disregard for basic standards of care.
2. The damage caused must exceed €80,000.

If both requirements are met, the penalty may be a fine of three to nine months. As with the basic offence, criminal prosecution depends on the injured party filing a complaint.

Criminal damage to vehicles

Damage to vehicles is one of the most common situations in practice. A deliberate scratch, a broken wing mirror, or damage to the bodywork can lead to criminal proceedings if it is proven that the damage was intentional.

The most common forms of vehicle damage include:

• Scratches to the paintwork or bodywork.
• Broken windows, mirrors, or headlights.
• Damage to mechanical or electrical components.
• Deliberate puncturing of tyres.

The criminal response follows the same criteria as other criminal damage offences: if the damage does not exceed €400, a fine of one to three months applies; if it exceeds that amount, prison sentences of up to three years may be imposed depending on the circumstances.

The most important thing is to properly document the damage from the outset: photographs, repair estimates, and filing a report with the Police or Civil Guard are the initial steps that will help support the accusation.

Computer damage offences

With the digitalisation of everyday and business life, damage is no longer limited to the physical world. Computer damage offences protect data, software, and electronic systems against actions that delete, alter, or destroy them.

The Spanish Criminal Code provides prison sentences of six months to three years for anyone who causes serious damage to computer systems or the information they contain.

The seriousness increases when the damage affects:

• Public infrastructure or assets of strategic importance.
• Essential services for citizens (healthcare, utilities, communications).
• Companies whose operations depend on those systems.

In these especially serious cases, the legal consequences are even more severe, recognising the enormous impact that a cyberattack can have on society as a whole.

What should you do if you have suffered criminal damage?

If someone has caused damage to your property, you have the right to take action and seek both repair of the damage and compensation for the losses suffered.

The process begins with filing a complaint, but to ensure it is effective and to avoid mistakes that could weaken your position, it is advisable to have the support of a criminal defence lawyer from the very beginning.

A specialised criminal defence lawyer can help you:

• Correctly assess the value of the damage and its legal implications.
• Advise you on whether criminal proceedings, civil proceedings, or both are appropriate.
• Prepare the complaint with all the necessary documentation.
• Defend your interests throughout the proceedings until obtaining the conviction or compensation you are entitled to.

At Nieto Enríquez Abogados Penalistas, we handle criminal damage cases in Barcelona with proven experience. If you need legal advice, contact us with no obligation.