Civil Liability derived from certain Criminal Actions in Spain

Civil Liability derived from certain crimes it is regulated in articles 109 and following of the Penal Code, relative to civil responsibility derived from crimes and procedural costs.

Civil liability can be defined as the obligation of the perpetrator of a crime to financially repair the damages caused to the victim or injured as a result of the offense. The reparation of the damage may consist of obligations to give, to do or not to do and its objective is to compensate the victim for the damages caused. It is regulated in articles 109 and following of the Penal Code, relative to civil liability derived from crimes and procedural costs.

In our legal system, both responsibilities are allowed to be aired in the criminal procedure, or the injured party reserves his right to exercise the action in a subsequent civil procedure.

In addition to the civil liability that the perpetrator and the accomplices of a crime may incur, as established in article 116 of the Criminal Code, other responsibilities are also provided, such as the direct liability of the insurer of the Article 117 of the Penal Code and subsidiary liability in the event that the perpetrators or accomplices are unable to face compensation, in which case the provisions of Article 120 of the Penal Code would apply.

Article 109 of the Spanish Penal Code

1. The execution of an act described by law as a crime requires repairing, in the terms provided by law, the damages caused by it.

2. The injured party may choose, in any case, to demand civil liability before the Civil Jurisdiction.

Article 120 of the Spanish Penal Code

They are also civilly liable, in the absence of those who are criminally liable:

1. The curators with full representation powers who live with the person to whom they provide support, as long as there is guilt or negligence on their part.

2.º The natural or legal persons who own editorials, newspapers, magazines, radio or television stations or any other means of written, spoken or visual dissemination, for crimes committed using the media of which they are owners, leaving safe the provisions of article 212.

3.º Natural or legal persons, in the cases of crimes committed in the establishments of which they are the owners, when on the part of those who direct or administer them, or their dependents or employees, have violated the police regulations or the provisions of the authority that are related to the offense committed, so that it would not have occurred without said offense.

4. The natural or legal persons engaged in any kind of industry or commerce, for the crimes committed by their employees or dependents, representatives or managers in the performance of their obligations or services.

5.º The natural or legal persons who own vehicles capable of creating risks for third parties, due to the crimes committed in the use of those by their dependents or representatives or authorized persons.