Damage offenses are regulated in articles 263 to 267 of the Criminal Code. The basic criminal conduct of this crime consists of causing damage to the property of others that is not punished through other crimes, and the penalty associated with such behavior is a fine of 6 to 24 months, which is imposed depending on the economic condition of the victim and the amount of the damage caused. If the latter does not exceed 400 euros, the penalty is a fine of 1 to 3 months.

In short, the crime of damage consists of destroying, rendering useless or deteriorating a thing. This crime can involve a wide range of actions, from emptying a fire extinguisher, to pouring leach on clothes or consuming a product in a self-service establishment.

Aggravated modalities

Article 263.2 of the Penal Code punishes the acts with a more serious penalty (imprisonment of 1 to 3 years and a fine of 12 to 24 months) if any of the following circumstances concur:

1. Damage is done to impede the exercise of authority or as a consequence of actions executed in the exercise of its functions.
2. Infection or contagion of livestock is caused.
3. Poisonous or corrosive substances are used.
4. They affect property of public or communal domain or use.
5. It ruins the victim or leaves him/her in a serious financial situation.
6. The damage caused is particularly serious or affects general interests.

On the other hand, the destruction or serious damage caused to resources assigned to the service of the Armed Forces or the Security Forces and Corps is punishable with a prison sentence of 2 to 4 years if the damage caused exceeds 1,000 euros (art. 265 of the Penal Code).

Finally, art. 266 of the Penal Code punishes with a prison sentence of 1 to 3 years the commission of damages by means of fire, or by causing explosions, or by using any other means of similar destructive power or that generates a relevant risk of explosion or of causing other damages of special gravity, or endangering the life or integrity of persons.

Computer damage

The Criminal Code provides for a specific type of damage crime, the typical conduct of which consists of deleting, damaging, altering or making inaccessible computer data, computer programs or electronic documents of others, without authorization, causing serious damage. This behavior is punishable with imprisonment from 6 months to 3 years, a penalty that may be increased if certain circumstances are met (that the acts are committed within a criminal organization, that many computer systems have been affected, that the functioning of essential public services has been impaired…).

Likewise, the same penalty is imposed on the person who, without being authorized and in a serious manner, obstructs or interrupts the operation of another’s computer system by carrying out any of the previously described conducts, introducing or transmitting data, or destroying, damaging or replacing a computer, telematic or electronic information storage system. This modality is also punishable with a higher penalty if certain circumstances, such as those indicated in the preceding paragraph, are present.

Finally, a prison sentence of 6 months to 2 years or a fine of 3 to 18 months is imposed on anyone who, without being duly authorized, produces, acquires for use, imports or provides to third parties computer programs or access codes with the intention of facilitating the commission of any of the crimes previously mentioned.

The crime of computer damage can generate criminal liability of the legal person, in accordance with the provisions of art. 264 quater of the Criminal Code. The penalty applicable to the legal person in this case is a fine of 2 to 5 years or five to 12 times the value of the damage caused (if the offense is punishable by imprisonment for more than 3 years), or a fine of 1 to 3 years or three to eight times the value of the damage caused (in all other cases). In addition, the judge may impose on the legal entity the penalty of dissolution, suspension of activities, closure of premises, prohibition to carry out certain activities in the future, disqualification from obtaining public subsidies and aid and judicial intervention.

Damage due to gross negligence

Finally, the Criminal Code punishes, through art. 267 of the Criminal Code, damages caused by gross negligence, provided that the damage caused exceeds 80,000 euros, with a fine of 3 to 9 months. This crime can only be prosecuted by means of a complaint by the victim or his legal representative, although a complaint by the Public Prosecutor’s Office is admitted if the victim is a minor or a disabled or helpless person. In any case, the victim’s pardon extinguishes the criminal action.