Expert lawyers in damages in Barcelona

Damage includes the following actions:

The destruction of the asset, which is equivalent to the total loss of its value.

Its uselessness, that is, the disappearance of its qualities and uses.

Deterioration, which can be defined as the loss of functionality.

And finally, the impairment of the thing, which consists of its partial destruction or a loss of value.

The penalty to be imposed for this crime varies depending on the amount of damage caused:

• If the amount exceeds €400, the penalty is 6 to 24 months. The amount of the fine is determined based on the victim’s financial situation and the amount of the damage.
• If the amount does not exceed 400 euros, it is a minor offense, punishable by a fine of 1 to 3 months.

The Penal Code punishes the following cases with higher penalties:

• When damage is caused to impede the exercise of authority, the crime is committed against public officials or against individuals who contribute to the enforcement of the laws.

• If infection or contagion of livestock is caused.

• When poisonous or corrosive substances are used.

• If they affect public domain or use assets.

• When the damage ruins the injured party or leaves them in a serious financial situation.

• If damage of particular severity is caused or if it affects general interests.

In these cases, the penalty is a fine of 12 to 24 months and imprisonment of 1 to 3 years.

In addition to the generic type of damage, Article 264 of the Penal Code defines the crime of computer damage.

The typical behavior of this type of crime involves deleting, damaging, impairing, altering, suppressing, or making inaccessible other people’s data, computer programs, or electronic documents, provided that this results in a serious outcome.

The penalty for this crime is 6 months to 3 years in prison. However, the penalty is increased to 2 to 5 years in prison and a fine of one to ten times the damage caused in certain cases (for example, if the crime is committed within the framework of a criminal organization or when the acts seriously harm the operation of essential public services, among others).

Furthermore, Article 264 bis of the Criminal Code punishes the serious and unauthorized obstruction or interruption of the operation of another’s computer system. These offenses are punishable by imprisonment of six months to three years.

Finally, Article 264 ter penalizes, with a prison sentence of 6 months to 2 years or a fine of 3 to 18 months, the production, importation, or provision to third parties of computer programs or data for the purpose of committing computer damage offenses.

This is an issue that has been debated by the courts, especially since 2015, when the crime of defacement of property was abolished under Article 626, which penalized the causing of damage that merely involved defacement or disfigurement of the property, without affecting its substance and usefulness.

The Supreme Court clarified the issue in its recent ruling No. 890/2023, dated November 29. It concluded that the damage to property, for example, through graffiti, constitutes a crime of damage, provided that it entails a loss of value or a need for repair that can be financially assessed.

The answer is yes. Article 267 of the Criminal Code classifies damage caused by negligence. However, this type of damage only constitutes a crime if the negligence is serious and the damage is valued at more than €80,000.

The penalty is a fine of 3 to 9 months, and the length of the sentence is determined by the extent of the damage caused.

This crime can only be prosecuted if the injured party files a complaint.