Damage Crime

He crime of damage In Spain it occurs when the active subject creates destruction or damages some object foreign to him. In this situation, the decrease in what constitutes the value of the heritage economic of the object. 

He penal Code in Spain seeks to protect the right to public and private property through punishment. the same Penal Code excludes from this type of crimes damages to the moral sphere. 

Crime of damages considered by the Spanish penal code

The profit motive of the subject asset. The circumstance does not take into account the damage patrimonial that produces a benefit for the passive or active subject. 

In it crime of damage Only the damage itself that has been caused is considered as such. In articles 263 and 264 the crime against heritage and the property.

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Most of the damage done through crime They are mostly of the fraudulent type. The law requires that the perpetrator already acted with full knowledge of the production of the damage.

To a large extent the gravity and the quality of the damage is that which will highlight the modality of the crime. In this area, certain elements that are part of this structure can be included. 

He crime of damage What is considered attenuated or mild will depend on whether the value is less than €400. Being considered as a minor crime a penalty of fine of 1 to 3 months is applied.

In case the crime of damage is basic, a fine of 6 to 24 months will be applied. If the case is aggravated, there is talk of a prison sentence of one to three years.

crime of damage
crime of damage

Crime of aggravated damage in the Spanish penal code

In the type aggravated a fine of 12 to 24 months is included when incurred in certain circumstances. 

You must perform the damage to prevent free exercise or through revenge for the actions carried out. In the event that a infection either contagion To the type of livestock animal this is an aggravation. 

If the guilty party uses substances that are poisonous or that can be corrosive, the penalty will be imprisonment. If as a consequence of using this damage the person who is economically affected has a grievance.

It is applicable when the damages carried out are especially serious and interfere with the interests general. This involves affecting assets that are in the public or communal domain. 

Article 265 talks about the aggravation of those damage that affect national defense. This involves article 266 when the damage is the product of a fire either burst.

In the last element arises the possibility of using the fire and explosions that have power destructive. All this must endanger the lives and physical integrity of people.

Article 266.1 stipulates that if the damage was due to fire, the penalty will be one to three years. The gravity of the situation will expose a grievance greater than what is stipulated.

The criminal code also considers unauthorized damage by deleting, altering or deleting data IT. This includes third-party electronic programs and documentation that produce serious results.

Article 264.1 of the Penal Code stipulates a grief of prison between six months to three years depending on the offense.

Consideration of the Penal Code in the crime of reckless damage

These cases provide for harm through carelessness or negligence without malice or intention to the foreign object. The penalty imposed will depend on the quality of the damage that has been done.

If the active subject complied with the basic rules of diligence This fact will not be criminal. This will depend on whether the recklessness is necessarily serious.

The damage caused must have a value that exceeds €80,000. The lower value victim You can go to certain civil organizations to claim the compensation

The infringement carried out requires a complaint from the victim. Legal representation may also attend.

In case the aggravated Once the pardon is made, the criminal action will be invalid. This element depends on article 130 of the penal code, specifically the section. 

Crime of damage in the moral field 

In this aspect it has been developed for years through the jurisprudence with solid criteria. The focus is on the circumstances in which the damages were carried out, and the consequences. 

The difficulty focuses on the quantification of the moral damage that has been caused. In 2015, Law 35/2015 was passed through the guiding criterion in the case of compensation

Before a crime of damage With a moral approach there is no specific method that ends compensation. These criteria social organizations will create a guide for the judge to issue a ruling. 

The criteria that judges use to establish the concurrent aspects are:

The culpability general that intervene in the action of the offender of the crime. Such circumstances affect the personal and social development of the person who was offended. 

In the jurisprudence is known as the severity of the injury that is interfered with. All of this includes the benefits that the offender generally obtains. 

The judge carries out a study of each case that is influenced by the peculiar nature of the cases. criteria judicial. In classification, compensation is determined by the judge. 

The decision issued by this body cannot be reviewed by cassation. The only way this doesn't happen is if the decision isn't made arbitrarily.

Prudence must be used so that the reasoning of the judge is approved. The dependence of the amounts of this type of damages is carried out with a comparative analysis of cases. 

The comparison takes into account the personal cases of the insulted and of the offender. Achieving through this means a compensation satisfactory in each case.

Given how complex the crime of damage can be, other disciplines are used to determine the compensation. This situation is essential in the compensation of extra-property damages.