He crime of damage in Spain it occurs when the active subject creates a destruction or impairs an object foreign to him. In this situation, the reduction of what constitutes the value of the heritage economics 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 damage to the moral sphere from this type of crime.
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 that has been caused is considered as such. Articles 263 and 264 develop the crime against heritage and the property.
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Most of the damage that is done through the crime They are mostly of the malicious 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 the one that will highlight the modality of the crime. In this area you can include certain elements that are part of this structure.
He crime of damage What is considered attenuated or light will depend on whether the value is less than €400. Being considered as a misdemeanor a 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 aggravated damage in the Spanish penal code
in the type aggravated a penalty of 12 to 24 months is included when incurred in certain circumstances.
You must perform the damage to prevent the free exercise or through revenge for the actions carried out. In the event that it causes a infection either contagion to the type of cattle animal this supposes an aggravated one.
If the culprit 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 executed are especially serious and interfere with the interests generals. This supposes the involvement of assets that are in the public or communal domain.
Article 265 speaks of 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 life and physical integrity of people.
Article 266.1 stipulates that if the damage was caused by fire, the penalty will be from one to three years. The gravity of the situation will expose a grievance greater than what is stipulated.
The penal code also considers unauthorized damage by deleting, altering or suppressing data computer. This includes third-party programs and electronic documentation that produce serious results.
Article 264.1 of the Penal Code stipulates a grief imprisonment between six months and three years depending on the offense.
Consideration of the Criminal Code in the crime of reckless damage
These cases stipulate damage 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 negligence is necessarily serious.
The damage caused must have a value that exceeds €80,000. The lower value the victim You can go to certain civil organizations to claim the compensation.
The infringement carried out requires the complaint by the victim. Legal representation may also attend.
In case the aggravated make the pardon the criminal action will be invalid. This element depends on article 130 of the penal code, specifically the section.
Crime of damages in the moral field
In this regard, it has been developed for years through the jurisprudence with solid criteria. The approach is carried out before 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 criteria in the case of compensation.
before a crime of damage With a moral approach, there is no specific method that ends the compensation. These criteria social will make a guide base for the judge to produce the ruling.
The criteria used by the judges to determine the competing aspects are:
The culpability general that intervene in the action of the offender of the crime. Such circumstances incur in 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 this includes the benefits that the offender gets in general.
The judge carries out a study of each case in which the peculiar nature of the criteria judicial. In the classification, the compensation is determined by the judge.
The decision issued by this body cannot be reviewed by appeal. The only way that this does not happen is that the decision is not 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 the offender. Achieving through this way a compensation satisfactory in each case.
Given the complexity that the crime of damage can be, other disciplines are used that determine the compensation. This situation is essential in the compensation of non-pecuniary damages.
