Article 263 Spanish Criminal Code: The Offence of Criminal Damage (2026)
In this article
Key Takeaways
- Minor offence if damage is 400 euros or less
- Aggravated: fire, historical heritage
- Computer damage: Art. 264
- Negligent damage: an offence only above 80,000 euros
Article 263 of the Spanish Criminal Code punishes the destruction or deterioration of another's property: damage above 400 euros carries a fine of 6 to 24 months, while damage of 400 euros or less is a minor offence punished with a fine of 1 to 3 months. Aggravated damage (Art. 263.2 CP) carries 1 to 3 years in prison where it is caused by fire, targets goods of historical or artistic value, or ruins the victim financially, and computer damage is punished separately under Article 264 CP with 6 months to 3 years. Negligent damage is only a crime above 80,000 euros; below that threshold, the matter is purely civil.
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Article 263 of the Spanish Criminal Code governs the offence of criminal damage: the destruction or deterioration of another's property. As criminal defence lawyers, we explain its regime.
What Article 263 Says
- Damage above 400 euros: a fine of 6 to 24 months, having regard to the victim's economic position and the amount.
- Damage of 400 euros or less: a minor offence punishable by a fine of 1 to 3 months.
Aggravated Damage (Art. 263.2)
Prison of 1 to 3 years and a fine apply where the damage is caused:
- To hinder the free exercise of authority or in reprisal for it.
- By fire or causing a risk of spread.
- To goods of historical, artistic, cultural or scientific value.
- Ruining the injured party or leaving them in a serious economic situation.
Computer Damage (Art. 264)
Article 264 separately punishes deleting, damaging, altering or rendering inaccessible another's computer data or programs. The penalty is prison of 6 months to 3 years, aggravated where the attack affects a large number of systems or critical infrastructure.
Negligent damage
Damage caused by gross negligence is an offence only where it exceeds 80,000 euros (Art. 267). Below that amount, the claim is purely civil.
Defence Strategies
- Challenging the amount: bringing the damage below 400 euros makes it a minor offence.
- No intent: accidental or negligent damage may fall outside the criminal type.
- Atypicality: the deterioration is not relevant or is part of normal use.
- Compensation before trial, triggering the mitigating factor of Art. 21.5.
- Proof of authorship: working on reasonable doubt where there are no witnesses.
Charged with criminal damage?
The amount and intent decide the case. We assess whether the facts are a crime or a civil dispute.
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Frequently asked questions
What penalty applies to the offence of criminal damage under Article 263 CP?
If the damage exceeds 400 euros, a fine of 6 to 24 months applies, having regard to the victim's economic position and the amount. If it is 400 euros or less, it is a minor offence punished with a fine of 1 to 3 months. Aggravated damage under Art. 263.2 carries 1 to 3 years in prison and a fine.
When is criminal damage a minor offence?
When the amount of the damage is 400 euros or less, it is punished as a minor offence with a fine of 1 to 3 months. Above 400 euros it is a less serious offence carrying a fine of 6 to 24 months.
What is aggravated damage under Article 263.2 CP?
Damage caused to hinder the free exercise of authority or in reprisal for it, by fire or with a risk of spread, to goods of historical, artistic, cultural or scientific value, or ruining the injured party financially. It carries 1 to 3 years in prison and a fine.
Is negligent damage a criminal offence?
Damage caused by gross negligence is only an offence if it exceeds 80,000 euros (Art. 267 CP); below that amount the claim is purely civil. Computer damage (deleting or damaging another's data or programs) is punished separately under Article 264 CP.
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