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What is the crime of damages: Penalties, types, recklessness?

Find out what the crime of damages is and its consequences.

What is the crime of damages: Penalties, types, recklessness?

The crime of damages is described in the Penal Code and consists of causing damage to a movable or immovable object of another person. In today's post we are going to explain the types that exist and the different punishments that the law provides.

What is the crime of damages?

As we have mentioned before, the crime of damages consists of causing damage to someone's property. The Penal Code explains it in articles 263-267. There is no crime if there is no damage. The key is not in the intention but in the result produced.

What variants are there?

There are two aspects that are differentiated by the intention of the author. In the first case, when we talk about a malicious crime, it is that the person who commits it does so with that idea. On the other hand, in crimes in which recklessness is appreciated, we speak of those people who generate the result without intending it. Next, we explain them in detail:

When we are facing a malicious crime

It is the most common and in which is the firm intention of the perpetrator to commit a crime and cause damage to the victim or her property.

Assessing the level of seriousness of the events, the law sets three possibilities, which are:

- Slight crime of damages. The minor offense (when the damage has a cost of less than € 400) of damages results in a fine that can last up to 3 months.

- Basic crime of damages. In this case, the penalty can range from 6 months to 2 years.

- Aggravated crime of damages. In this case, the one who caused the damage is awarded prison sentences (between 1 and 3 years). Also, it involves the payment of a fine of between 12 and 24 months.

Reckless Damage Crime

Article 267 of the Penal Code explains that it will be understood as a crime of damages due to recklessness. In it it is clearly determined that only cases originating from gross negligence that entails guilt may be tried. You have to bear in mind that, for lawyers, the concept of guilt refers to a criminal action that is committed without any intention, but also without having taken the necessary precautions to avoid it.

The aforementioned article of the Penal Code determines that reckless damages will only be punished if they exceed € 80,000 and provided that there is a prior complaint by the taxpayer. The consequence is a fine of 3 to 9 months.

When does a crime of damages prescribe?

If you have committed a crime of damages and you want to know when you will be able to sleep peacefully again, we will explain it to you below. Minor damage crimes prescribe one year after they have been committed. The basic type, the aggravated type and the reckless type take 5 years to do so.

Now that you know when a tort crime prescribes and that you know its definition, we want to advise you on the following. It is recommended that, whether you have been the victim or the cause of crimes against property of this type, you contact a specialized lawyer. We put your rights above all else.

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