Assault and Bodily Harm in Spain: Penalties and Compensation

🇪🇸 Read the original in Spanish

The crime of bodily harm or assault (delito de lesiones) is one of the most recurring criminal offenses in Spanish courts, ranging from a simple weekend brawl to assaults resulting in life-altering consequences. In the Spanish legal system, the line separating a simple blow from a serious crime depends not only on visible physical damage, but also on very specific technical and medical criteria set out in the law. Understanding how the Código Penal (Criminal Code) classifies these actions, what penalties are imposed based on severity, and how to act if you are a victim or an accused party is essential to protecting your rights in Spain's complex judicial system.

The Crime of Bodily Harm in the Spanish Criminal Code: Legal Framework

The legal framework of reference for the crime of bodily harm is found in *Title III of Book II of the Código Penal (Organic Law 10/1995), specifically between Articles 147 and 156 ter*.

Spanish legislation defines the delito de lesiones as the act of causing an injury to another that impairs their bodily integrity or their physical or mental health. The key to determining the severity of the crime and, therefore, the applicable penalty, lies in the type of medical assistance required by the victim for their recovery.

Classification of Injuries and Penalties According to Severity

The Spanish Criminal Code establishes a scale of penalties that becomes harsher as the severity of the damage and the dangerousness of the means employed increase.

1. The Basic Type of Bodily Harm (Article 147.1 CP)

It is considered the basic type when the injury caused requires, for recovery, in addition to a first medical assistance, medical or surgical treatment (tratamiento médico o quirúrgico).

• What is understood by medical treatment? It is not mere monitoring or follow-up of the injury, but the prescription of specific drugs, the placement of splints, the need for rehabilitation, or stitches, provided they go beyond a first preventive cure.
• Penalty: Imprisonment from 3 months to 3 years or a fine of 6 to 12 months.

2. Minor Bodily Harm (Article 147.2 and 147.3 CP)

If the injury does not require subsequent medical or surgical treatment (for example, a bruise, a scratch, or a minor contusion that only requires initial first aid), we are dealing with a minor offense (delito leve).

• Injury without medical treatment (Art. 147.2): A fine of 1 to 3 months.
• Physical mistreatment without causing injury (Art. 147.3): Striking or mistreating another without actually causing a physical injury (a push, a slap that leaves no mark). A fine of 1 to 2 months.

3. Aggravated Types due to Means or Vulnerability (Article 148 CP)

The penalty for the basic type can be substantially increased (imprisonment from 2 to 5 years) depending on the result caused or the risk produced under the following circumstances:

• If weapons, instruments, objects, means, methods, or concrete forms dangerous to the life or physical or mental health of the victim were used.
• If there was cruelty (ensañamiento) or treachery (alevosía).
• If the victim is under 14 years of age or a person with a disability in need of special protection.
• If the victim is or has been the wife, or a woman who is or has been linked to the perpetrator by an analogous relationship of affectivity, even without cohabitation (gender violence).

4. Extremely Serious Injuries or Mutilations (Articles 149 and 150 CP)

These are the most serious scenarios in the Criminal Code, where the damage caused is irreversible or of an exceptional nature:

• Article 149 CP: Causing the loss or uselessness of a principal organ, limb, or sense, impotence, sterility, a serious deformity, or a serious somatic or mental illness. Penalty of imprisonment from 6 to 12 years. Female genital mutilation is also punished under this article.
• Article 150 CP: Causing the loss or uselessness of a non-principal organ or limb, or a deformity that is not classified as serious. Penalty of imprisonment from 3 to 12 years (usually applied in the range of 3 to 6 years).

Compensation for Injuries: How is the Damage Calculated?

In addition to the prison sentence or fine (criminal liability), the perpetrator of the crime is obliged to repair the damage caused through civil liability (responsabilidad civil), which translates to financial compensation to the victim.

To calculate this compensation, Spanish criminal courts use, by analogy, the Scale for Traffic Accidents (Baremo de Accidentes de Tráfico - Law 35/2015). This scale quantifies the damage based on three concepts:

1. Basic Personal Harm (Days of recovery): A fixed amount for each day the victim takes to heal from their injuries.
2. Particular Personal Harm (Temporary loss of quality of life): An extra financial amount is added if the recovery day prevented the person from working or carrying out their normal life.

• Very serious day (admission to ICU): Approximately €119.03/day.
• Serious day (hospital stay): Approximately €95.22/day.
• Moderate day (sick leave or inability to perform habitual tasks): Approximately €61.89/day.
• Basic day (convalescence without sick leave): Approximately €35.71/day.

1. *Sequelae (Secuelas):* If permanent physical or aesthetic scars/impairments remain after recovery, they are assessed using a point system. Each point of a sequela has a financial value that increases according to the age of the victim and the severity of the sequela.

Practical Examples of Classification and Amounts

To understand how these rules are applied in Spanish judicial practice, we analyze two common scenarios:

Example 1: Fight in a Nightlife Venue (Less Serious Crime)

Carlos punches Javier in a bar. As a consequence, Javier suffers a fractured nasal septum. He is taken to the hospital, where they realign the bone (surgical reduction) and prescribe painkillers and medical check-ups for 30 days. Out of these, for 15 days he cannot attend his office job (moderate sick leave) and the other 15 days he carries out a normal life but with discomfort (basic days). No aesthetic or functional sequelae remain.

• Legal Classification: Crime of bodily harm under Article 147.1 of the Criminal Code, as it required medical-surgical treatment (the reduction of the fracture).
• Penalty for Carlos: Having no prior criminal record, a prison sentence of 6 months is usually agreed upon (which can be suspended if he has no record) or a financial fine of several months.
• Compensation for Javier (Approximate calculation according to the updated scale):
• 15 moderate days x €61.89 = €928.35
• 15 basic days x €35.71 = €535.65
• Total compensation: €1,464.00 (plus the medical expenses claimed by the public health service from Carlos).

Example 2: Assault with a Glass Bottle (Aggravated Crime with Sequelae)

During an argument, Manuel strikes Sofia in the face with a broken glass bottle. Sofia suffers a deep cut that requires 25 stitches (surgical treatment) and takes 40 days to heal (all of them moderate as she was unable to carry out her usual activities due to the physical and psychological impact). After healing, she is left with a visible 8-centimeter scar on her cheek, assessed by the forensic medical examiner as a moderate aesthetic sequela of 8 points.

• Legal Classification: Crime of aggravated bodily harm under Article 148.1 CP (due to the use of a dangerous instrument like the broken bottle) in combination with Article 150 CP (deformity).
• Penalty for Manuel: Imprisonment from 3 to 5 years (resulting in actual prison time as the sentence exceeds 2 years).
• Compensation for Sofia (Approximate calculation):
• 40 moderate days x €61.89 = €2,475.60
• Aesthetic sequela (8 points for a 30-year-old person): Approximately €8,500.00.
• Total compensation: €10,975.60.

Step-by-Step Practical Procedures in a Bodily Harm Case

If you are involved in a crime of bodily harm, whether as a victim or as an investigated party, the criminal procedure in Spain (regulated by the Ley de Enjuiciamiento Criminal / Criminal Procedure Act) requires following these steps rigorously:

1. Immediate Medical Assistance: Go urgently to a hospital or health center. It is vital that you request the Injury Report (Parte de Lesiones). This medical document is the key piece of evidence in the process; it describes the initial injuries and the prescribed treatment. The medical center itself will automatically send a copy of this report to the duty court (juzgado de guardia).
2. Filing the Complaint: Go to the National Police (Policía Nacional), Civil Guard (Guardia Civil), or the Duty Court. Provide the injury report, identify witnesses if any, and detail minutely how the events occurred. If there are security cameras in the area, request this explicitly in the complaint so that the police can secure the recordings before they are overwritten.
3. Examination by the Forensic Medical Examiner: Once the judicial procedure has started, the Investigating Court (Juzgado de Instrucción) will summon the victim to be examined by the court's forensic medical examiner (médico forense). This professional (who is neutral) will issue the definitive health report, determining the days of recovery, the required treatment, and any permanent sequelae.
4. Instruction and Investigation Phase: Statements will be taken from the investigated party (the accused), the victim, and the witnesses. Medical reports and the forensic report will be compiled.
5. Oral Trial and Judgment: If the judge considers that there is evidence of a crime, the case will be referred to the corresponding criminal court (juzgado de lo penal) for the trial, where a judgment will be delivered setting the prison sentence/fine and the financial compensation.

Mistakes You Must Avoid

• Not going to the doctor immediately or not asking for the injury report: If you let several days pass between the assault and the first medical assistance, the defense of the aggressor will argue a break in the causal link—meaning the injury could have been caused by any other reason unrelated to the assault.
• Not keeping prescriptions, rehabilitation reports, or proof of expenses: To claim the medical treatment as such and the financial damages (medicines, taxis to the hospital, etc.), you need official invoices and documents. Simple purchase receipts are usually not enough.
• Declaring before the police without legal advice if you are the investigated party: Everything you say at the police station can be used against you. You have the right to appoint a lawyer of your choice or request a court-appointed one (abogado de oficio) before making any statement.
• Confusing the victim's forgiveness with the automatic withdrawal of the charges: In basic or aggravated bodily harm crimes, the prosecution (fiscalía) can proceed with the accusation and the criminal process even if the victim decides to "withdraw the complaint" or forgive the aggressor, as these are public offenses.

Frequently Asked Questions (FAQ)

How much time do I have to report a crime of bodily harm?

The statute of limitations for the crime (the time limit to pursue it legally) varies according to its severity. Minor bodily harm offenses prescribe after 1 year. The basic type of Article 147.1 prescribes after 5 years, while the most serious injuries (Articles 149 and 150) prescribe after 10 years.

Can I go to prison for a minor bodily harm offense?

No. The minor crime of bodily harm (formerly classified as a misdemeanor or falta de lesiones) is only punished with a fine of 1 to 3 months (except in cases of gender or domestic violence). However, having a criminal record for minor offenses can harm you in other areas, and repeated non-payment of the fine can lead to subsidiary personal liability (deprivation of liberty of one day for every two unpaid daily quotas).

What happens if the assault was in self-defense?

For the defense of self-defense (legítima defensa) to apply (which exempts you from criminal liability), three strict requirements must be met: a prior unlawful aggression, a rational necessity of the means employed to prevent or repel it (proportionality), and a lack of sufficient provocation by the person defending themselves.

Who pays the compensation if the aggressor declares themselves insolvent?

If the aggressor is ordered to pay compensation and is legally declared insolvent (has no money, payslips, or assets in their name), the victim may find it impossible to collect in the short term. However, the debt does not expire and, if the aggressor's financial situation improves in the future (they find a job, inherit, etc.), the court will seize their assets to pay the outstanding debt. In cases of extreme severity or terrorism, there are state aid funds for victims.

In Summary

• Severity Criterion: The difference between a minor crime and a less serious or serious crime lies in the need for medical or surgical treatment for the healing of the injuries.
• Applicable Penalties: They range from a financial fine in minor cases to prison sentences of 6 to 12 years for mutilations or the loss of principal organs.
• Financial Compensation: It is calculated using the Traffic Scale as a guideline, computing the days of recovery (up to €95.22/day for hospitalization) and permanent physical or aesthetic sequelae.
• Fundamental Evidence: The emergency room Injury Report and the subsequent report by the court's forensic medical examiner are the pillars to winning the case.
• Legal Assistance: Having a criminal defense lawyer from the very beginning is crucial to correctly classify the facts and ensure the recovery of the corresponding compensation or to mount an effective defense.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.