Article 263 Spanish Criminal Code: The Offence of Criminal Damage (2026)

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.

Defence Strategies

1. Challenging the amount: bringing the damage below 400 euros makes it a minor offence.
2. No intent: accidental or negligent damage may fall outside the criminal type.
3. Atypicality: the deterioration is not relevant or is part of normal use.
4. Compensation before trial, triggering the mitigating factor of Art. 21.5.
5. Proof of authorship: working on reasonable doubt where there are no witnesses.